Advice On Making A Back Injury Claim
100% No Win No Fee
Read our guide to learn how to make a back injury claim with our No Win No Fee personal injury solicitors.
Excellent Reviews On
Advice On Making A Back Injury Claim
100% No Win No Fee
Read our guide to learn how to make a back injury claim with our No Win No Fee personal injury solicitors.
Excellent Reviews On
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A Guide To Making A Back Injury Claim
A back injury can be very debilitating since it can cause major issues like paralysis or a lack of mobility. This could prevent you from living your daily life and going back to work, along with potential psychological trauma. However, if you have been injured due to somebody else’s fault, you may have an eligible back injury claim.
Read our guide to learn how back and spinal injuries could be sustained and the process of claiming compensation. We also aim to guide you on the importance of collecting evidence and understanding the applicable time limit.
Contact our team now to get more information about personal injury claims:
- Call 0333 091 8598.
- Contact us online.
- Reach us directly via live chat.
Can I Make A Back Injury Claim?
You could make a back injury claim if you can prove your case meets the following eligibility requirements:
- A duty of care was owed to you by someone.
- They breached this duty.
- As a result of this breach, you have sustained a back or spinal injury.
Could I Claim On Behalf Of A Loved One?
In certain circumstances, you could claim on behalf of a loved one if they are unable to make their own claim.
This applies to those:
- Under the age of 18
- Lacking the mental capacity.
In these cases, you or another trusted person could claim on their behalf by becoming a litigation friend. You will be required to act in their best interests and keep them informed of the claim’s progress.
Fatal Back Injury Claims
In certain severe cases, a back injury may become fatal. The Law Reform (Miscellaneous Provisions) Act 1934 states that the estate of the deceased could make a fatal accident claim. This claim may include compensation for the deceased person’s pain and suffering, financial losses and on behalf of the dependents. They are also the only party who can make a claim within the first 6 months following the death.
After these 6 months, if a claim has not been made on their behalf by the estate, under the Fatal Accidents Act 1976, some qualifying relatives of the deceased can make a claim for the impact of the death on them. These relatives are referred to as dependents.
Speak to our advisors now for more information on making a fatal accident claim.
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Is There A Back Injury Claim Time Limit?
Under the Limitation Act 1980, you have 3 years to start a back injury claim.
However there are exceptions to this for those unable to make their own claim:
- Minors will have 3 years from their 18th birthday to start their own claim.
- Those lacking the mental capacity will only have the time limit reinstated if they regain this capacity, and the 3 years will run from this date.
Speak to our advisors now to find out the personal injury time limit applicable to your case.
What Accidents Could Result In A Back Injury
There are many accidents which could lead to back injuries. Here are some common examples which often form the basis of back injury claims:
Road Traffic Accidents
All road users have a duty of care to navigate the roads safely and adhere to the Highway Code and the Road Traffic Act 1988. If a user of the road breaches the duty of care they owe and injures another person, a road traffic accident claim could be made.
For Example: A speeding driver collides with your car from behind, resulting in you suffering soft tissue injuries in your back.
Accidents At Work
Employers have a duty of care to take reasonable steps to ensure the safety and well-being of their employees. The Health and Safety at Work etc. The 1974 Act mandates that employers take steps such as providing training and repairing faulty machinery on a timely basis. If an employee suffers an injury due to the breach of this duty, there could be an eligible accident at work claim.
For Example: You’re employed at a factory and you have to use a ladder to access a higher shelf. However, the employer is aware that the ladder is slightly damaged, yet they took no steps to replace or repair it. You fall off the ladder and sustain a major spinal cord injury, leaving you paralysed.
Public Liability Accidents
According to the Occupiers’ Liability Act 1957, an occupier is the party that is in control of a public place and has a duty of care to reasonably ensure the safety of all visitors. Therefore, a breach of this duty and a resulting injury to a visitor may lead to a public liability claim.
For Example: While you’re shopping at a grocery store, there is a spillage. However, there is no warning sign for the wet floor, and you slip and fall, leading to a sprain in your back.
Call our advisors now for a free consultation to determine the eligibility of your case.
What Compensation Can I Get For A Back Injury?
If you make a successful back injury claim, you will receive general damages as part of your compensation award.
This head of claim compensates you for the pain and suffering caused by your injuries.
The Judicial College Guidelines (JCG) could help those valuing your claim for general damages. This publication provides an exhaustive list of the guideline compensation brackets for different injuries.
Our compensation calculator below uses figures from the JCG.
Compensation Bracket: 0.00
How Could Compensation Help After A Back Injury?
Apart from claiming compensation for your physical and mental suffering, you may be able to seek a payout for your financial harm. This is known as special damages and may be included in your back injury claim, if successful.
Here are some examples of the special damages you may be able to claim:
- Loss of earnings due to being unable to work and taking time off.
- Medical costs, including regular commute to and from appointments.
- Professional care or the time devoted by a family member.
- Disability equipment, such as a wheelchair, walking stick or back brace.
- Modifications to a car or home to incorporate a disability.
If you claim special damages, you would have to substantiate them through financial evidence like bank statements and invoices.
Contact our advisors today to see if you could be eligible to receive compensation in a back injury claim.
The Evidence Needed To Support A Back Claim
It is important to collect evidence in support of your back injury claim, such as:
- CCTV or dashcam footage of the accident.
- Medical reports, such as X-rays, prescriptions and your doctor’s notes.
- Contact details of eyewitnesses.
- Details from the report made in the accident book, if relevant.
- Pictures of the accident site.
Will I Need To Attend A Medical To Assess My Injury?
Your back injury solicitor may direct you to appear for a medical examination to create a record of your injuries. If you claim back injury compensation through us, we will try our best to ensure that the medical examination is at a date, time and location convenient for you.
Will My Back Injury Claim Go To Court?
If you make a back injury compensation claim with one of our solicitors, they will try their best to ensure a quick and fair settlement for you. They will negotiate with the other party to avoid any litigation. However, if your compensation claim does end up going to court, you need not worry since your solicitor will guide you through the entire process.
Call our advisors now for assistance in collecting evidence or to see if you could work with one of our solicitors.
Can I Make A Back Injury Claim On A No Win No Fee Basis?
If you claim for your back injury with us, our No Win No Fee solicitors will offer their services through a Conditional Fee Agreement (CFA), meaning that:
- There is no upfront payment for your solicitor’s services at the beginning or in the middle of your claim.
- If your claim is unsuccessful, you won’t have to pay for your solicitor’s work.
- In case of a successful outcome, your solicitor will charge only a fixed percentage of your compensation, which will be the success fee. There is a legal cap on the success fee to ensure that you don’t end up giving up a major portion of your compensation.
Additionally, some of the various services our solicitors can offer you include:
- Help with gathering evidence
- Submitting your claim within the time limit
- Dealing with all legal documents
- Communicating with the defending party
- Negotiating a compensation settlement
Contact Our Back Injury Claim Solicitors
Speak to our advisors now for more information on working with one of our No Win No Fee solicitors for you back injury claim:
- Call 0333 091 8598.
- Contact us online.
- Reach us directly via live chat.
More Information
Here are some of our other guides:
- Our guide on some accident at work examples.
- Information on getting full pay if injured at work.
- Details on how much road accidents are worth.
You may also go through these external links for more information:
- Guidance from the NHS on back pain.
- Government information on the Whiplash Reform Programme.
- Details from the NHS on slipped disc.
Thank you for reading our guide on making a back accident claim.
