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Back Injury Claim – How Much Compensation?

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    Back injuries have the potential to be seriously debilitating and have a far-reaching impact on quality of life. Depending on the severity, they can restrict movement and make daily activities challenging or even impossible. If your back injury was sustained through no fault of your own, you may be able to claim compensation. Please continue reading to find out more about claiming and how our back injury compensation calculator can help you.

    Key Takeaways

    • Back or spinal injuries can have a lifelong impact and potentially lead to paralysis.
    • Compensation can reflect your injuries and their associated financial impact.
    • A claim needs supporting evidence, such as medical records.
    • Under certain circumstances, it’s possible to claim on behalf of a loved one.
    • Our panel of solicitors have represented clients across the country.

    If you have any immediate questions regarding our personal injury claims calculator, please don’t hesitate to get in touch with our advisors for free using the contact details below:

    A man has fallen down the stairs and has suffered a muscle injury in his back.

     

    Frequently Asked Questions

    1. Back Injury Compensation Calculator
    2. What Factors Are Used To Calculate Back Injury Compensation?
    3. Can I Claim Compensation For A Back Injury?
    4. Am I Able To Claim On Behalf Of A Loved One?
    5. What Accidents Could Result In An Injured Back Or Spine?
    6. What Back Or Spinal Injuries Can Compensation Be Claimed For?
    7. How To Make A Back Or Spine Compensation Claim
    8. Why Choose Our Team Of Advisors To Begin A Claim
    9. Learn More

    Back Injury Compensation Calculator 

    Our back injury compensation calculator is a tool that can be used to get a rough estimate of how your claim might be valued. This compensation calculator uses the Judicial College Guidelines (JCG) to generate results. Solicitors also use this document to help with their own calculations, as it indexes a vast collection of injuries, their severities, and their suggested compensation brackets. Solicitors refer to this publication to help assess general damages, the part of a claim that compensates individuals for their pain and suffering.

    When it comes to determining compensation for general damages, various factors may be considered, such as:

    • The severity of your injury 
    • Whether your quality of life has been negatively impacted 
    • Whether you have suffered psychological damage, such as PTSD
    • Whether you have had to undergo invasive treatment 
    • Whether you have sustained disfigurement or deformity 
    • Whether you will encounter any future pain and suffering 

    Compensation Guidelines

    Below, we have provided a table containing JCG brackets for back and spinal injuries. However, please bear in mind that the first figure in this table has not been sourced from the JCG and that the information below is meant to function as a guide only.

    Back Injury SeverityCompensation BracketsNotes
    Multiple Minor To Moderate Injuries With Special DamagesUp to £250,000+Encompasses multiple minor to moderate injuries and special damages, including loss of earnings and medical expenses.
    Moderate (i)£33,880 to £47,320This bracket covers cases like crush/compression fractures affecting the lumbar vertebrae, featuring a substantial osteoarthritis risk and constant discomfort/pain. It can also include traumatic spondylolisthesis and prolapsed intervertebral discs that require surgery.
    Moderate (ii)£15,260 to £33,880Covers injuries to the back that are frequently encountered, such as a disturbance of muscles and ligaments that results in backache. Bracket also includes soft tissue injuries, as well as prolapsed discs that require a laminectomy or result in repeated relapses.
    Minor (i)£9,630 to £15,260The claimant will have fully recovered from their back injury within around 2-5 years (or will have recovered to nuisance level) without the need for surgical intervention.
    Minor (ii)£5,310 to £9,630The same as above, except the timeframe will be within around 1-2 years.
    Minor (iii)£2,990 to £5,310Here, the bracket differs from the 2 above in that the claimant's recovery process will be between 3 months to a year.
    Minor (iv)Up to £2,990The claimant fully recovers within 3 months.

    Severe Back Or Spinal Injury Compensation Amounts

    Please find below several severe back and spinal injuries along with their related guideline compensation brackets.

    Spinal/Back Injury SeverityCompensation BracketsNotes
    Multiple Very Severe Injuries with Special DamagesUp to £1 Million+ Encompasses multiple very severe forms of harm and special damages, including loss of earnings and care costs.
    Paralysis: Tetraplegia£396,140 to £493,000In the top end of this bracket, cases featuring physical pain or a significant impact on senses or communication abilities.

    At the top end of the bracket will be cases where physical pain is present or where there is a significant effect on senses or ability to communicate. Such cases often involve significant brain damage where degree of insight is a relevant factor.
    Paralysis: Paraplegia£267,340 to £346,890Compensation in this bracket will consider the following factors: the presence and degree of pain, level of independence, depression, age, life expectancy, as well as the impact on sexual function.
    Paralysis: Shorter Durations£60,210This award is appropriate in cases where a young adult with paraplegia passes away within around 2 years.
    Back: Severe (i)£111,150 to £196,450The most severe injuries, featuring damage to the spinal cord and nerve roots. Claimants will experience severe pain and disability, together with incomplete paralysis and significant impairment of bowel, bladder, and sexual function.
    Back: Severe (ii) £90,510 to £107,910Special features are relevant in order to qualify in this higher bracket, such as nerve root damage, impaired mobility, lost sensation, unsightly scarring, and sexual difficulties.
    Back: Severe (iii)£47,320 to £85,100Injuries in this bracket include, disc lesions, fractures of discs or vertebral bodies, and soft tissue injuries leading to the presence of chronic conditions that, despite intervention, disabilities remain. Those disabilities include ongoing severe pain, impaired agility and sexual function, depression, and personality change.

    If you would like to discuss our back injury compensation calculator in more detail, please have a chat with our advisors for free today.

    What Factors Are Used To Calculate Back Injury Compensation?

    Several factors are used to calculate back injury compensation, which can be divided into 2 parts. As mentioned above, general damages cover any pain and suffering you have experienced as a result of your back injury. If your injury has a financial impact, then you can claim for special damages to cover these costs. If you want to claim for your financial losses, you will need to provide evidence in the form of documentation, such as:

    • A letter from your employer stating you have worked fewer or no hours
    • Medical invoices
    • Receipts from travelling to and from the GP or hospital

    Many things qualify as financial losses under special damages, and we’ve provided some examples below:

    Loss Of Earnings

    If your back injury is severe, you may require time off work. That will impact your income and potentially result in missed promotions or bonuses. Special damages can also account for any future impact on earnings.

    Cost Of Care

    If you require day-to-day help from professionals, the cost can quickly add up. Even support from loved ones can have financial consequences, as they may miss work in order to care for you.

    Cost Of Treatment

    Private treatments can be another financial strain during your recovery, as you may need to undergo specialist surgery to restore function or mobility. Medical bills can also encompass prescriptions and other services that aren’t free under the NHS.

    Cost Of Rehabilitation

    Another expense to consider is the cost of rehabilitation, as the bills for physiotherapy and occupational therapy can become significant if you face a long road to recovery.

    Home Adaptations

    Serious back injuries and paralysis often require home adaptations to support continued independence and improve overall accessibility. These modifications can include wall railings, stairlifts, or a new downstairs bathroom.

    Car Adaptations

    Your car may also have needed adaptations to help ensure it can still be used. Without modifications like swivel chairs, a car might be unusable, which could have serious implications for a person’s independence.

    Travel Costs

    Due to how debilitating back injuries can be, ongoing treatment is often necessary, meaning frequent trips to and from the hospital and your GP. Special damages can account for expenses like parking fees, petrol, or the cost of bus and train tickets.

    If you want to learn more about special damages or how to use our back injury compensation calculator, please call our advisory team for a detailed discussion today.

    Can I Claim Compensation For A Back Injury?

    Yes, you can claim compensation for a back injury if you meet the following conditions:

    • A liable third party owed you a duty of care
    • They breached this duty 
    • You suffered a back or spine injury as a result of this breach 

    In simple terms, a duty of care is the obligation that a third party has towards the safety of those around them. This duty is governed by different legislation, depending on where your back was injured. We will go into more detail regarding this legislation later on in the guide.

    For further information on the criteria highlighted above, get in touch for a completely free, no-obligation case assessment.

    A woman is visiting a chiropractor for her back injury.

    Am I Able To Claim On Behalf Of A Loved One?

    Yes, you are able to claim on behalf of a loved one, and you would do so as a litigation friend. This role is used in cases where someone is mentally incapacitated or a child, as neither can claim independently. Later on in this guide, we’ll discuss when these groups can claim on their own.

    The litigation friend will be responsible for any decision-making, representation, and communication during the back injury claims process. Litigation friends are usually family members of the protected party, but the role can be filled by any eligible adult, including professional advocates and solicitors. The important thing to bear in mind is that they must keep the claimant’s best interests in mind whilst pursuing compensation on their behalf. 

    Fatal Back Or Spine Injury Compensation Claims

    In cases involving the passing of a loved one, qualifying relatives may have the option of filing fatal back or spine injury compensation claims. However, it’s important to note that only the estate can claim during the first 6 months after the deceased’s passing. This is established by the Law Reform (Miscellaneous Provisions) Act 1934. During that period, the estate can claim for the pain and suffering that the deceased experienced up to their death. They can also claim on behalf of eligible dependants.

    Once the 6-month window has passed, and if the estate has not made a claim for them, eligible dependants can seek compensation for the impact of their loved one’s passing. Under the Fatal Accidents Act 1976, dependants can include spouses, civil partners, children, and parents.

    If you’re unsure about the process of claiming on behalf of a loved one, please reach out to our advisory team using the details listed in this guide. All advice is given in confidence and comes without any obligations to proceed with a claim.

    What Accidents Could Result In An Injured Back Or Spine?

    Many different types of accidents can result in an injured back or spine, and they can occur in different settings. Below you will find examples:

    Accidents At Work

    Your employer owes you a duty of care, as per the Health and Safety at Work etc Act 1974. This piece of legislation states that your employer must take reasonable steps to ensure your safety, well-being, and health. If your employer fails to do this, they may have breached their duty of care towards you. When that results in an injury, it may form the basis for a valid accident at work claim.

    • A new employee hasn’t received any training on manual handling in a warehouse environment. Subsequently, the employee slips a disc in their lower back when they lift a heavy box incorrectly.
    • An employer has failed to perform regular maintenance checks on workplace equipment. An employee climbs up a ladder in serious disrepair. When the ladder collapses, it leads to the employee falling from a height and breaking their back.

    Public Place Accidents

    When you’re visiting a public place, you are owed a duty of care by the occupier in control of the space. This obligation towards you is established by the Occupiers’ Liability Act 1957. For occupiers to fulfil their duty of care, they will need to take practical steps to ensure the reasonable safety of visitors to their premises. If you suffer an injury because this duty is breached, you may have grounds to make a public liability claim.

    • A train station has failed to clean up or mark a spillage with a wet floor sign in a timely manner. An elderly commuter resultingly slips and suffers a severe spinal cord injury.
    • The occupier of a restaurant knows that the handrail on the stairs is loose. Despite this, they fail to cordon it off or get it fixed. A customer with a disability uses the handrail for support; the handrail comes loose, and the patron falls down the stairs, suffering spondylolisthesis. 

    Road Traffic Accidents

    All road users have a duty of care to one another. That applies to motorists, cyclists, pedestrians, and anyone else who uses the road. This duty requires them all to travel in ways that avoid injury or damage to each other and to themselves. Road traffic accident claims can arise if a breach directly results in someone being injured.

    • A driver is aggressively tailgating a vehicle in front of them and doesn’t leave enough space. The car in front has to make a sudden stop. Consequently, the car behind crashed into them, causing the driver in front to break their lower back.
    • A drink driver loses control of their vehicle and veers into a nearby wall where a pedestrian was walking. The pedestrian suffers a crush injury to their spine, resulting in paralysis. 

    Medical Negligence

    Both medical professionals and facilities, such as hospitals, are expected to provide their patients with the correct standard of care. That is the duty of care applicable to medical settings. If, say, a doctor fails to meet those standards and causes a patient to suffer unnecessarily, it may constitute medical negligence.

    • A patient is having surgery near the spine. The surgeon is noticeably fatigued and slips during the procedure, severing the spinal cord. This results in the patient being permanently paralysed from the waist down.
    • After hurting their back, a patient has been sent for an X-ray. The radiologist fails to notice a fracture and sends the patient on their way without surgery or treatment. Their failure leads to the patient developing chronic pain and severe spinal deformity. 

    Assault

    In some circumstances, back or spinal injuries may be sustained due to criminal assault. To claim for assault, you may need to pursue compensation via the Criminal Injuries Compensation Authority (CICA). This is a government-funded agency responsible for compensating victims of violent crime in certain situations. However, it’s important to keep in mind that the CICA has its own eligibility criteria for claiming.

    If you have a similar experience or suffered harm under entirely different circumstances, connect with one of our advisors so they can talk you through your options. They can also answer any questions you might have about our back injury compensation calculator.

    What Back Or Spinal Injuries Can Compensation Be Claimed For?

    There are several back and spinal injuries for which compensation can be claimed. Depending on the type of injury you have sustained, symptoms can be permanent and debilitating. They may also negatively affect your job, hobbies, day-to-day activities, and your overall quality of life. Please find below some of the common types of back and spinal injuries:

    • Fractured Vertebrae: Also known as a spinal fracture, these fractures involve a break to one or several bones in the spine.
    • Sprains and Strains: Back sprains and strains often involve injury to the lower back. A sudden trauma to the back, such as a twist, jerk, or fall, can cause soft tissue injuries.
    • Spinal Cord Injury: A severe type of trauma to the spine that can result in full or partial paralysis. 
    • Herniated Disc: This is alternatively known as a slipped disc or prolapsed disc. A herniated disc happens when the soft cushion of tissue between the spinal vertebrae bulges or ruptures. This disruption in the spine can press on nearby nerves, triggering pain and numbness.
    • Spondylolisthesis: This is where a vertebra in the spine slips forward. Vertebrae can slip anywhere in the spine; however, it is most common in the lower back. 

    If you have suffered from one of the above back or spinal injuries, please reach out to one of our friendly advisors to share what happened to you and see how they can help you get started with a claim. 

    A man is holding his back in pain, with the affected area highlighted in red.

    How To Make A Back Or Spine Compensation Claim

    In order to make a back or spine compensation claim, you will need to do 2 things:

    • Abide by the time limit
    • Have as much evidence as possible 

    What Is The Time Limit For Back Injury Claims?

    The time limit for starting back injury claims is 3 years, per the Limitation Act 1980. This act states that the limitation period is counted from the date of the accident. However, there are exemptions to the time limit. As already mentioned earlier in our guide, both adults who lack mental capacity and children cannot claim without a litigation friend. Reflecting that reality, the 3-year time limit is paused unless certain conditions are met:

    • An adult who regains mental capacity will see the 3-year time limit begin from the day of their recovery. Otherwise, time limits will be indefinitely suspended for as long as there is mental incapacity
    • For children, the standard 3 years will be counted from an individual’s 18th birthday. That will mean someone has until their 21st birthday to file a claim

    A litigation friend can help someone from these groups pursue compensation while time limits are suspended. For more details on this, you can refer to our earlier section on claiming for a loved one.

    Evidence For Back Injury Claims

    When it comes to evidence for back injury claims, it must show how a third party is liable for someone’s harm. The thought of proving a case can be overwhelming, especially in situations where a claimant is still navigating their recovery. Mindful of that, our panel of solicitors are always ready to help clients gather what evidence might be needed to support a case. That proof can include:

    • Photographs of any visible damage to your back
    • Medical records to help illustrate the extent of the injury and its impact on day-to-day life
    • Contact details of witnesses. This information will not only help a solicitor from our panel gather statements, but will also strengthen your version of events
    • CCTV footage, depending on how you were injured.
    • If your back injury happened on the road, then you will need the contact details of the other party. You will also want to get their insurance information, registration, and the particulars of their vehicle
    • A personal account of what has happened to you in your own authentic voice

    If you’re not sure whether you have time to claim or you’d like to discuss our back injury compensation calculator, please don’t hesitate to get in touch with one of our advisors today.

    Why Choose Our Team Of Advisors To Begin A Claim

    If you choose our team of advisors at CCUK to begin a claim, you will get tailored guidance from the moment you get in touch. They work day and night to help answer queries from prospective claimants and walk them through all the benefits and services provided by our panel of solicitors.

    Our panel offer their services on a No Win No Fee basis via a Conditional Fee Agreement. CFA contracts come with several important benefits:

    • You won’t have to pay any solicitors’ fees if your claim fails
    • You won’t have to pay solicitors’ fees while your claim is in progress
    • You won’t have to pay any upfront solicitor’s fee to get started

    If your back injury compensation claim wins, you will pay a success fee for the work your solicitor has provided. This fee will be taken directly from your compensation, and the percentage is capped by The Conditional Fee Agreements Order 2013.

    The services our panel of solicitors provides under a CFA are designed to make your life easier when it comes to pursuing back injury compensation. They will:

    • Calculate a fair compensation that accurately reflects your pain and suffering
    • Arrange an independent medical assessment to determine the severity of injury 
    • Represent you in both negotiations and communications with the defendant’s solicitors
    • Get you access to medical treatment that you might not find on the NHS
    • Gather evidence on your behalf, such as witness statements 
    • Keep you in the loop at all times with regular and prompt updates
    • Make sure that all instructions are followed and that all deadlines are promptly met 

    Contact Us

    If you are ready to get started or wish to know more about our back injury compensation calculator, please do not hesitate to get in touch with our team of advisors. Find out today how one of the solicitors from our panel can help you claim compensation whilst you stay focused on your recovery:

    A solicitor is writing down notes and discussing the law firm's back injury compensation calculator with a client.

    Learn More

    Some more guides by us:

    • Have you suffered an injury, but you were still able to continue working? Read our guide on minor injury claims
    • Have you suffered a back injury which had a catastrophic effect on your quality of life? Read our guide on serious injury compensation claims
    • Have you recovered from your physical injury, but you’re still struggling with your mental health? Read our guide on emotional pain and suffering

    Some additional resources:

    • Did your accident get caught on camera? Request CCTV footage of yourself from GOV.UK. 
    • Are you struggling with pain management after hurting your back? Read up on how to navigate back pain from the NHS. 
    • Are you an employer who wants to improve employee safety? Learn about manual handling at work from the Health and Safety Executive.

    Thank you for taking the time to read about our back injury compensation calculator.

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