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How To Claim Fractured Vertebrae Compensation
If you have broken your neck or back in an accident that wasn’t your fault, you could get help with your fractured vertebrae through compensation.
You may think you don’t have the time or resources to make a claim, especially if you are dealing with the effects of such profound injuries.
According to The Walton Centre NHS Foundation Trust, traumatic spinal fractures can take 3-6 months to heal, with full recovery taking as long as 2 years or more. In that time, you may be unable to work or pay for vital physiotherapy.
This detailed yet simple guide will explain what a personal injury claim could do to change that. It will explain who is eligible to take action and break down how much compensation you could receive. Finally, it will explain what we can do for you.
You have rights. You are not alone.
Contact us today.
- Call us anytime on 0800 073 8804.
- Make a claim online if you would prefer us to contact you.
- Use the live Support chat on the bottom of this page.
Select A Section
- What Is A Fractured Vertebrae?
- What Are Fractured Vertebrae Compensation Claims?
- How Long Do I Have To Claim For Spinal Fractures?
- What Evidence Can Help Me Claim Fractured Vertebrae Compensation?
- How Much Compensation For A Fractured Vertebrae?
- Claim For A Spinal Fracture Using A No Win No Fee Solicitor
- More Useful Resources About Making Personal Injury Claims
What Is A Fractured Vertebrae?
A fractured vertebrae is a break to any of the 33 small bones between your skull and pelvis. This group of bones makes up your spine, which is why these injuries are sometimes called spinal fractures.
There are three types of spinal fractures:
- Chance – vertebrae are suddenly pulled apart.
- Burst – vertebrae are suddenly pressed together.
- Compression – vertebrae are damaged over time by wastage or wear.
If you have experienced any of these, you may be eligible to claim fractured vertebrae compensation. Contact our advisors using the details at the top of this guide to discuss your particular case.
What Are Fractured Vertebrae Compensation Claims?
You can seek fractured vertebrae compensation if you suffered spinal cord injuries as a result of a third party’s actions or inactions. However, to do so, you must prove that:
- That party owed you a duty of care.
- That party breached their duty of care.
- That breach caused your injuries.
A duty of care is an obligation to maintain a certain standard of care. Different relationships involve different duties. We look at a few life scenarios in which you are owed a duty of care in the following subsections.
Accidents At Work
The Health and Safety at Work etc. Act 1974 places a duty of care on employers to take reasonably practicable steps to ensure the safety of their staff while at work. They must make sure everyone is protected from harm by providing proper training, supervision, and, if needed, Personal Protective Equipment (PPE). If you were injured because of any failure to do so, they would be liable.
- Your employer fails to train you in proper manual handling. As a result, you sustain a back injury.
- Your employer does not supervise a trainee who causes a scaffolding accident. It falls and breaks your neck.
- You are repairing roads at night, and your supervisor has not provided you with high-visibility clothes. This causes a car to crash into you, fracturing your lower vertebrae.
Accidents in a Public Place
The Occupiers’ Liability Act 1957 places a duty of care on anyone who controls a public space to keep everyone within that space reasonably safe. If someone controls a public space in which someone is injured, they may be negligent if, within reason, they could have prevented that injury.
- A council takes too long to repair a broken pavement. You trip on this pavement and hit your head on a parked car, breaking your neck in two places.
- Your local gym fails to carry out maintenance on equipment which collapses while you are using it. Your back is severely damaged.
- A cafe does not place a warning sign over a spillage. You slip and suffer a fractured neck in three places.
Road Traffic Accidents
Road users owe a collective duty of care to one another to avoid endangering anyone else. This entails adhering to The Road Traffic Act 1988 and The Highway Code.
- While looking at their phone, a driver misses you slowing down at a junction. They crash into you, causing a lumbar fracture.
- A motorcyclist changes lanes without indicating, causing you to brake suddenly. Your car spins and crashes into a reservation, and you sustain a serious spine injury.
- You are crossing the road as a pedestrian. A driver hits you while driving 20 mph over the speed limit, breaking your neck and back.
Negligence on the road is often a criminal offence. This does not prevent a personal injury claim. If you are unsure of your case, our advisors are available via the information at the top of this page.
How Long Do I Have To Claim For Spinal Fractures?
The Limitation Act 1980 allows you to claim fractured vertebrae compensation for three years after the accident that caused your injury. On the third anniversary and after, you are time-barred and cannot make a personal injury claim anymore.
There are exceptions:
- Children must wait until they turn eighteen or the courts can appoint a litigation friend to help them, at which point their three years will begin. A litigation friend is a trusted parent or guardian who can ensure the claim is in their best interests.
- A person who lacks the mental capacity to act in their own best interest must appoint a litigation friend. This can be any trusted person in their life. They can also claim themselves if they regain this capacity. If this occurs, they will have three years to claim.
Contact our team if you believe this may apply to you. Their details are at the start of this guide.
What Evidence Can Help Me Claim Fractured Vertebrae Compensation?
To claim fractured vertebrae compensation, you will need evidence that proves liability for your injury.
- Incident Reports – The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) requires that organisations of ten staff or more keep a record of healthy and safety incidents.
- Media – Article 15 of UK General Data Protection Regulation gives you the right to request documents, photos, or videos in which you or your data appear.
- Medical Reports – You must have been diagnosed with fractured vertebrae by a medical professional to claim. GP and physiotherapy records can also help.
- Expert Report – A relevant professional can link your injuries to the accident that caused them. For example, a civil engineer could advise on the likelihood that it was the construction company’s fault that a roof collapsed on you.
- Witness Contact Details – our solicitors can work with anyone who saw your accident to establish the facts in support of your claim.
Our solicitors can help you gather all of this evidence. If you would like to talk about a particular piece of evidence you believe may help, our contact details are at the top of this page.
How Much Compensation For A Fractured Vertebrae?
There are two types of damages in a fractured vertebrae claim:
- Compensation for your pain and suffering caused by the incident (general damages).
- Recovery of material losses caused by your injury (special damages).
The table below provides guideline compensation figures that could be awarded for spinal fractures. They are taken from the Judicial College Guidelines (JCG), which provides guideline compensation brackets that could be awarded for various types of injuries.
Please note that the top figure is not from the JCG. Furthermore, as all successful claims are awarded fractured vertebrae compensation based on their own merits, this table is only intended to provide guidance.
| Injury and Severity | Compensation Guideline |
|---|---|
| Multiple Injuries Plus Multiple Damages | Up to £500,000 or more |
| Severe (i) damage to the spinal cord and nerve roots resulting in partial paralysis or impaired bodily function | £111,150 to £196,450 |
| Severe (ii) back injuries affecting the spinal cord and causing loss of sensation, movement, or bodily function | £90,510 to £107,910 |
| Severe (iii) spinal lesions or soft tissue damage leading to chronic conditions that treatment or surgery cannot resolve | £47,320 to £85,100 |
| Moderate (ii) back injuries that prolong or worsen a pre-existing condition | £33,880 to £47,320 |
| Minor (i) back injuries that, though painful, can heal to minimal or zero effect within 2-5 years | £9,630 to £15,260 |
| Severe (i) neck injuries including partial paraplegia or other long-term and intractable symptoms | In the region of £181,020 |
| Severe (ii) neck injuries including serious fractures or cervical disc damage | £80,240 to £159,770 |
| Severe (iii) neck injuries leading to chronic conditions and permanent disability | £55,500 to £68,330 |
| Moderate (i) neck injures that, while serious, may not require disc fusion | £30,500 to £46,970 |
Can I Claim For The Long Term Impact Of A Vertebral Fracture?
So long as you have evidence, you can recover material losses caused by your injuries. These are known as special damages and include:
- Loss of earnings – recent payslips would prove this, as would a letter from your employer confirming any likely career progression.
- Loss of other benefits – you can show this with a letter from your pension provider listing your entitlement and contributions.
- Medical expenses – invoices or quotes are the best evidence, depending on your stage of rehabilitation.
- Costs of adjusting your home – recommendations from a medical expert would demonstrate this and invoices from builders could prove how much you spent.
Our advisors are available 24/7 via the details at the top of this guide if you have any particular losses you would like to discuss.
Claim For A Spinal Fracture Using A No Win No Fee Solicitor
Our personal injury solicitors understand how life changing spinal fractures can be, and they have decades of experience helping people get the compensation they deserve.
They can provide:
- Industry-leading expertise.
- Advice tailored to your particular situation.
- Time and resources to gather your evidence.
- Cutting-edge professional knowledge.
They also understand that many people cannot pay for their services outright.
By signing a Conditional Fee Agreement (CFA) with our solicitors, they will be able to work for you on a No Win No Fee basis. With this document comes piece of mind:
- No direct fees, upfront or otherwise.
- Pay a small capped percentage of the compensation awarded to you only if you win.
- Pay absolutely nothing if you lose.
If you think you have a claim, contact our advisors today for a free initial consultation. There’s no obligation. Just the help you need.
- Call us anytime on 0800 073 8804.
- Make a claim online to have us contact you.
- Use the live Support chat on the bottom of this page.
More Useful Resources About Making Personal Injury Claims
More help from us:
- Case Study – £200,000 compensation awarded for a fractured spine.
- Fatal Accident Claims – what do if a family has died in an accident at work.
- Public Liability – our guide on how to handle your council and local authority.
Useful links from the rest of the Internet:
- Spinal Bracing Aftercare – recovery advice from Hull University Hospital NHS Trust.
- Government guidance on claiming Statutory Sick Pay, including eligibility and information on the rate.
- Training and Safety Helmets – a case study by the Health and Safety Executive on lower vertebrae fractures.
Thank you for reading our guide on fracture vertebrae compensation. If you need any further information, please get in touch.
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