You could be entitled to compensation if you sustain a broken back in an accident that wasn’t your fault. In this guide, we examine what goes into the process of making a claim for a broken back. In addition, you can read a case study we’ve devised to highlight how a broken back injury claim can work.
Meanwhile, you can speak with our specialist team about your broken back accident. They can assess your case for free. Call 0800 408 7826, fill out the contact form or talk to us through the live chat tab for support. Our advisors are accessible 24/7 and are ready to help you now.
Choose A Section
- A Guide To Making A Claim For A Broken Back
- Are There Different Vertebral Fractures?
- What Could I Lose Financially After A Back Fracture?
- How Compensation Amounts Are Calculated
- Case Study: £2 Million Compensation Claim For A Broken Back
- Claim Your Free Compensation Estimate
- What Are No Win No Fee Agreements?
- Start Your Claim With High Quality Personal Injury Lawyers
- Contact Our Advisors
- Additional References
A Guide To Making A Claim For A Broken Back
If you suffer a broken back, due to a third party neglecting their duty of care they have towards you, you could seek legal advice about how to make a compensation claim. This guide will go into detail about that topic by focusing on:
- Examples of broken back injuries.
- Who your claim could be made against.
- The different losses you could receive a payment to address.
- A case study of a £2 million compensation payout.
- What a No Win No Fee agreement means for you.
To learn more, speak to our team of advisors today.
Are There Different Vertebral Fractures?
There are numerous types of vertebral fractures. Compression fractures occur when the vertebrae suffer an overload of pressure. A burst fracture is the result of major trauma, such as a car accident. Flexion-distraction fractures are associated with seat belt injuries in road traffic accidents. And a fracture-dislocation is where both a fracture and dislocation happen generally causing a very serious injury.
To successfully claim after a broken back caused by negligence, the following 3 criteria have to be met:
- You were owed a duty of care
- But that duty of care was breached, causing an accident
- And the result of that accident was you suffering physical or mental harm, which can include fractured vertebrae.
Additionally, it is important to start your claim within the legal time limit. Find out whether you can claim and how long you have to get started by calling our helpline.
Who Has A Duty of Care
Here we are going to look at laws and guidelines that place a duty of care on different individuals in different environments.
Workplace Accidents
An employer could be liable if an employee is injured in the workplace due to their negligence. The Health and Safety at Work etc. Act 1974 emphasises how an employer must take steps that are reasonable and practicable if they will uphold employee safety.
An accident at work could be because of a fall off a ladder, a slip on a liquid or a trip down a staircase. Not all accident causing injury will make a person eligible for compensation. Negligence must be the underlying cause. If you suffer such an injury due to employer negligence you could make an accident at work claim for a fractured back.
Public Liability
Those in control of public settings have a duty of care to prevent avoidable accidents. The Occupiers’ Liability Act 1957 applies this duty of care. Parks, beaches and community centres are all examples of public places. If you are injured in a public space due to poor maintenance, tripping and slipping hazards or lack of training you could be eligible to claim compensation. The fallout may be a public injury claim.
Road Traffic Accidents
The Highway Code states that all road users including pedestrians and cyclists should provide a duty of care towards each other. A collision, reckless driving or a mechanical fault may result in a duty of care breach and a subsequent car accident claim.
Personal injury lawyers can offer support to victims of road traffic accidents. If you would like more information about road collision claims call our advisors today. Alternatively, you can use our contact form to start that conversation at a later time that suits you.
What Could I Lose Financially After A Back Fracture?
Financial losses could include many things. Although much of the treatment you will receive will come free courtesy of the NHS you may still have various medical costs. Medical expenses could be very high for a back injury. Consider, too, the potential transport costs if you’re unable to drive for a long time, if ever again. Then there are physiotherapy and professional nursing costs.
Lost earnings are a potential factor, especially if a career is significantly shortened due to your accident. All these expenses due to your injury could be claimed back as part of a successful personal injury claim. You can call us by using the number above to talk about financial losses.
How Compensation Amounts Are Calculated
An independent medical evaluation would influence your potential compensation amount. A thorough medical check provides a full diagnosis of your injury, as well as an estimated recovery time. It could also establish a clear connection between your accident and your broken back. This is why your personal injury lawyer would deem it a requirement of the claims process. At that point, your compensation could be estimated based on two different parts, or ‘heads’, of a claim.
General Damages
General damages covers the compensation for the physical pain, emotional damage and loss of amenity caused by the accident. A broken back is just one example of an injury that you could seek a payment for.
Special Damages
Special damages are designed to account for the financial effects of your back break. Lost earnings, prescription fees, travel expenses, medical costs and physiotherapy are all examples of losses you could claim back. You could also recoup care costs. This could include money paid for a professional nurse or carer to look after you.
However, it could also compensate family and friends for the time they have spent helping you out. To learn more about the different ways in which you can be compensated, call us by using the number above.
Case Study: £2 Million Compensation Claim For A Broken Back
This illustrative case study is designed to explain how back injury compensation payouts work.
Mr Capstone, 29, was a construction worker. He was working on a second-story level, using a temporary platform. Part of the platform had not been set up properly and no checks were carried out, so when Mr Capstone stood on a certain spot, the platform fell apart.
Mr Capstone fell and landed on his back. After emergency surgery and hospital scans, he was found to have suffered serious spinal cord damage and vertebral fractures, as well as concussion.
The injuries left him permanently paralysed. As well as not being able to work, Mr Capstone had to give up his hobbies of cricket and golf. Additionally, he was diagnosed with Post-Traumatic Stress Disorder and the emotional suffering meant he had significant issues with having a social life.
An expert solicitor helped Mr Capstone make a claim for a broken back. He received a settlement of £2 million without needing to go to court. £300,000 accounted for his injuries, while £1.7 million covered special damages, including projected future earnings. You can see these heads of loss broken down in the tables below.
Back injury compensation amounts vary from case to case. If you’d like to learn what you could potentially be awarded, reach out to our helpful advisors at any time.
Type Of General Damages Includes: How Much?
Paraplegia Costs relating to a back injury resulting in no movement below the waist £250,000
Post-Traumatic Stress Disorder The significant suffering that he began to experience after his accident £50,000
| Type Of Special Damages | Includes: | How Much? |
|---|---|---|
| Current and Potential Loss (Full-Time Role) | A payment accounting for lost earnings, not only for the present but for all future work that he was unable to do. | £1,110,000 |
| Professional Home Care | Regular professional care costs for the rest of his life | £480,000 |
| Home and Car Costs | Required adjustments to the home & a new specially-designed car catering to his condition | £60,000 |
| Medical Expenses | Costs related to emergency care, rehabilitation and recovery. | £50,000 |
Claim Your Free Compensation Estimate
A calculator can be used to provide back injury compensation examples. Its main purpose is to determine potential compensation amounts for back injuries such as yours. However, they only provide template figures for general scenarios.
This is important to consider because all accidents and each victim’s individual circumstances are different. So, when it comes to your situation, we want to learn as much as we can. That way, we’re able to provide a far more accurate compensation estimate. Crucially, this service is free, no matter whether you pursue your claim or not. Contact us today to discuss your personal injury claim.
What Are No Win No Fee Agreements?
Making a claim for compensation may not always be straightforward. That is why we always advise hiring a legal representative to handle your case for you. We understand that many worry about the cost of legal fees that is why using a No Win No Fee solicitor may be the best solution for you. The benefits of No Win No Fee include:
- No requirement to pay legal fees up-front to your personal injury solicitor
- Also no requirement to pay legal fees to your solicitor before or during litigation
- A success fee, which is the portion of the compensation award taken by the solicitor when a case wins, is always a small and legally capped percentage.
Therefore, if your case doesn’t succeed, you don’t have to pay your No Win No Fee solicitor at all. Less stress, higher savings, legal help; what more could you ask for? So, use our Live Chat to find out all the facts about No Win No Fee.
Start Your Claim With High Quality Personal Injury Lawyers
Any claimant would want a high-quality personal injury lawyer. “High quality” means the solicitor having a successful track record, plenty of positive reviews and any specialities. For instance, a law firm that focuses on a broken back would seem like an ideal fit.
How do you go about finding a solicitor that has all those qualities? Well, you could use reviews. They give a window into law firms. You could ask friends and family for recommendations. Or you could simply call us. Our advisors can assess your case for free. If they can see it has a chance Of success they could connect you with a No Win No Fee solicitor. Why not call today.
Contact Our Advisors
It’s time to tell us your story. After all, that could be the first step towards you receiving compensation. Want to discuss a claim for a broken back? Get in touch by:
- Calling 0800 408 7826
- Using our Live Chat service
- Completing our contact form to arrange a call.
Remember that our expert team is available 24 hours a day, 7 days a week.
Additional References
Thank you for reading our guide about compensation claims for a broken back. Learn more information via the links below.
Read the full NHS guidance on broken back injuries by clicking here.
Click here to discover how to identify broken bones.
Get an A-to-Z on the various health situations by clicking here.
Find out more here on how to claim for a broken arm.
Find out more here on how to claim for a broken nose.
Here are some further helpful guides from our collection:
- Shoulder injury compensation calculator
- Hernia injuries compensation calculator
- Hand injury compensation calculator
- Knee injury compensation calculator
- How is car accident compensation calculated?
- Psychological injuries and anxiety compensation calculator
- Compensation for broken jaw injuries
- Calculating a payout for a road accident death
- Compensation for a broken cheekbone?
- Ankle injury compensation calculator
- Broken jaw compensation calculator
- Broken femur compensation calculator
- Broken and fractured elbow compensation calculator
- Fractured and broken shoulder injury claims
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