By Stephen Hudson. Last Updated 19th September 2024. This guide is for those seeking free legal advice on making a back injury claim. It also offers guidance on how much may be offered in spinal injury compensation payouts. A spinal cord injury can cause temporary or permanent immobility. If you have suffered this type of injury because of negligent behaviour by another party, you may be entitled to claim compensation.
Within this guide, we’ll talk through the various types of back and spinal injuries and how they can be caused. We will also explain when and how you can start a claim for back injury compensation. Also covered in this guide are whiplash injuries and claiming with a No Win No Fee solicitor. We’ll also answer some frequently asked questions such as:
- How much is my back injury compensation claim worth?
- How can I prove my back injury at work?
- What is the average payout for a spinal cord injury?
- How much compensation for a back injury at work?
If you have a question at any point while reading this guide, you are welcome to contact our specialist advisors. They can discuss different aspects of making a back or spinal injury compensation claim with you, including potentially working with No Win No Fee solicitors. You can reach them through the following methods:
- By calling 0800 073 8804
- Or you can write to us
- Or chat to our team via our live chat, bottom right
Select a Section:
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- How Much Is A Back Injury Worth?
- Am I Eligible To Make A Claim For A Back Injury?
- Claiming Compensation For A Back Injury At Work
- Claiming Compensation For A Back Injury After A Car Accident
- Compensation For A Back Injury In A Public Place
- What Evidence Is Needed For Back Injury Claims?
- Back Injury Claims – Connect With Our No Win No Fee Solicitors
If you’d like to learn about the key points from this guide, why not check out our video below:
How Much Is A Back Injury Claim Worth?
Back injury claims are valued on a case-by-case basis, which means each payout is unique. Settlements may include general damages and special damages.
General damages are always included if you successfully claim back injury compensation and it seeks to compensate you for the physical pain and mental suffering that has been caused by the incident that led to your back injury. The severity of your injuries and the ways in which they have affected your day-to-day life will be considered when the payout for general damages are determined.
Those who value general damages may get help from the Judicial College Guideline (JCG). This document provides guideline compensation brackets that correspond with a variety of injuries, including back injuries. Below, you can see some examples of these brackets in the table.
Please note that these figures are only guidelines and that the first figure in this table has not been taken from the JCG. Also, the last two figures are taken from the Whiplash Injury Regulations 2021, which we will explain more about later in this guide.
| Injury Type | Severity | Compensation Guideline |
|---|---|---|
| Multiple serious injuries plus financial costs and losses. | Severe/Serious | Up to £500,000+ |
| Back | Severe (a) (i) | £111,150 to £196,450 |
| Back | Severe (a) (ii) | £90,510 to £107,910 |
| Back | Severe (a) (iii) | £47,320 to £85,100 |
| Back | Moderate (b) (i) | £33,880 to £47,320 |
| Back | Moderate (b) (ii) | £15,260 to £33,880 |
| Back | Minor (c) (i) | £9,630 to £15,260 |
| Back | Minor (c) (ii) | £5,310 to £9,630 |
| Whiplash Tariff | With psychological symptoms lasting 18-24 months | £4,345 |
| Whiplash Tariff | Without psychological symptoms lasting 18-24 months | £4,215 |
In addition to general damages, you may also be able to claim special damages as part of your compensation for a back injury. Special damages cover any financial losses or expenses directly related to your back injury. Examples of what may be covered under special damages include:
- The cost of certain medical treatments or physiotherapy.
- Loss of earnings may be covered if your back injury has forced you to take unpaid time off work.
- Travel costs you’ve paid so you can attend vital appointments, such as train tickets or taxi fares, may also be covered.
Evidence of these losses will need to be presented in order to claim for them under special damages. This evidence could include documents such as receipts, invoices and payslips.
To learn more about claiming compensation for spinal injuries, please get in touch with our advisors today.
Am I Eligible To Claim For A Back Injury?
In order to form the basis of a valid back injury claim, including for a spinal cord injury or soft tissue injuries, you must be able to prove that negligence occurred. This means that:
- Another party owed you a duty of care,
- They failed to uphold this duty,
- As a result, you suffered a back or spinal injury.
The three criteria listed above form the foundation of negligence in personal injury claims. If you can prove the occurrence of negligence, then you may be able to claim compensation for a back injury.
The duty of care owed to you can differ in different situations. In the following sections, we’ll go into more detail on who owes you a duty of care at work, on the road, or in public and what this duty entails.
Read on to learn more about making a compensation claim for a back injury or a spinal cord injury, or contact our team of advisors today to get started.
How Long Do People Have To Make Back Injury Claims?
Are you aware that personal injury claims, including a back injury compensation claim, normally have time limits of 3 years? This limitation period, which is legally enforced by the Limitation Act 1980, usually applies from the date your injury occurred.
In some cases the rules for the limitation period can work differently. If the injured party is a child, then the three-year time limit won’t start until the child turns 18. It is the day when the potential claimant becomes old enough to start a claim on their own behalf. Before the claimant turns 18, a litigation friend could potentially be appointed to make legal proceedings on their behalf.
A limitation period for claiming usually doesn’t apply if the injured party lacks the mental capacity to start a compensation claim on their own. If this circumstance does apply, then a representative close to the injured person may be able to claim on their behalf as a litigation friend.
If you’d like to learn more about the role of a litigation friend or see whether you’re still within the relevant time limit to claim, please get in touch today for some free legal advice and support.
Claiming Compensation For A Back Injury at Work
All employers have a duty of care to their employees. This duty, stipulated by the Health and Safety at Work Etc. Act 1974, requires employers to take reasonable steps to protect their workforce.
Some examples of how negligence could occur in the workplace include:
- Lack of training: Your employer is required to provide free and adequate training if you need it to safely do your job. For example, if you work in a warehouse and your employer doesn’t provide any manual handling training, this could result in a back injury caused by poor lifting techniques.
- Slips, trips, and falls: These are some of the most common accidents at work. If your employer leaves a wire trailing across the office floor, this could cause you trip and fall, suffering a back injury.
- Lack of (PPE): Your employer needs to provide PPE for free and in good working order when you need it. If they knowingly gave you a faulty harness while you were working at a height, this could cause you to fall and suffer a back injury.
To learn more about when you could make a back injury compensation claim, get in touch with our helpful team. Alternatively, you can read on to find out how one of our back injury solicitors could help you.
Claiming Compensation For A Back Injury After A Car Accident
While using the roads, everyone owes each other a duty of care. This includes drivers, pedestrians, cyclists, and motorcyclists. To uphold this duty of care, they need to comply with the Road Traffic Act 1988 and the Highway Code. Going against these rules and regulations could result in an accident.
For example, if a driver speeds through a red light while drunk and collides side-on with your car, this could trap you between the car door and the passenger seat, causing a serious back injury.
Another example could be if a car did not stop at a pelican crossing despite the green walking sign being lit, running you over as you crossed the road. This could cause you to hit the ground with a lot of force, and suffer a back injury.
In both of these cases, you could potentially make a back injury claim.
What Is The Whiplash Reform Programme?
The Whiplash Reform Programme (WRP) was introduced in 2021, and changed the way that some whiplash claims are made in England and Wales.
Now, under the Whiplash Injury Regulations 2021, your claim will be made differently if you are:
- Based in England or Wales
- A driver or passenger aged 18 or over
- Claiming for injuries valued at £5,000 or less
Get in touch with our friendly team of advisors today to learn more about claiming for a car accident and a back injury, and find out if your claim could be affected by the WRP. Or, keep reading for more information on back injury claims.
Compensation for a Back Injury in a Public Place
When you are in a public place, the controller of the space owes all visitors a duty of care. This means that they must take steps to ensure the reasonable safety of visitors on the premises, as outlined by the Occupiers’ Liability Act 1957 (OLA).
This legislation applies to supermarkets, public parks, restaurants, and other spaces available to the public. For example, if you slip and fall on a spillage in a supermarket that wasn’t adequately signposted or cleaned up in a reasonable timeframe, and this causes you to suffer a back injury, then you may be able to make a back injury compensation claim.
To learn more about claiming compensation for back injuries, contact our team of expert advisors today.
What Evidence Is Needed Back Injury Claims?
A key part of you potential back injury claim will be gathering sufficient evidence to prove the liability of the third party. This evidence will also be used to highlight the extent of your injuries, which will be useful when back injury solicitors are calculating a possible compensation figure.
We have provided a list of possible evidence below. Remember this list is intended to provide general guidance, what evidence is available to you will vary depending on the circumstances of the accident. Examples include:
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- Medical records.
- CCTV or dashcam footage.
- Photographs of your injury and the scene of the accident.
- For an accident at work you could acquire a copy of your incident report from the accident book.
- Other work documents, such as training or maintenance records, could also be used.
- Witness contact information.
If you choose to get support from a personal injury solicitor, then they can assist with gathering evidence that strengthens your case. To learn more about gathering evidence or how you could potentially get support from one of our solicitors, contact our advisors for free today.
Back Injury Claims – Connect With Our No Win No Fee Solicitors
Now that you’ve learned more about the back injury claims process, you might be interested in finding a back injury solicitor. Working with a solicitor can be beneficial in a number of ways; for example, a solicitor could help you support your claim with evidence. They can also explain any complex legal jargon that may come up during the process or arrange for a medical assessment and interim payments.
One benefit of working with one of our personal injury solicitors is that you don’t need to pay a fee for them to start working on your compensation claim for a spinal cord injury, nor do you pay a fee for their continuing services or for their work if your claim fails. This is because our solicitors work on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
If your back injury claim succeeds, then your solicitor will take a small success fee from the compensation awarded to you. This percentage is limited by a legal cap.
Contact our team today to find out if one of our personal injury solicitors could help you claim for a back injury. An advisor from our team could evaluate your claim for free, and if they find it valid, they may connect you with a solicitor. To get started:
- Call us on 0800 073 8804
- Contact us online
- Use the live chat feature
If you are still looking for free legal advice on making a back injury claim, you can contact Legal Expert today using the contact details included within this guide.
