Back injury compensation claims

What counts as a back injury?

A back injury can look different for each individual. It might involve anything from sprains and strains to severe bruising, slipped discs, fractured vertebrae or whiplash. They can cause people to be in a lot of pain or even immobilised. In severe cases, someone with a serious back injury can experience injuries to their brain ranging from mild concussion to struggles with communicating or experiencing memory loss. 

For many, recovery from a back injury can be an uncertain, lengthy process. Depending on your circumstances, you may be eligible to claim back injury or broken backcompensation.

What are some common examples of a back injury claim?

• Nerve damage 
• Strains and sprains
• Soft tissue injuries
• Bruised coccyx
• Fractured discs
• Slipped (herniated) discs
• Paralysis

What are the typical circumstances where I could make a back injury claim?

Back injuries can occur in any scenario that involves a physical impact or mishap. At work, in a road traffic accident, in a sports accident or due to a slip, trip or fall in a public place.

They can also be caused by medical negligence. This is where by act or omission in surgery or treatment, a health professional damages your spine or makes an existing back condition worse. This is why some sufferers choose to speak with back injury solicitors who are familiar with medical negligence cases.

At their worst, spinal injuries are life-changing and result in temporary or permanent paralysis because of the combined nerve and bone damage. The physical and psychological road to recovery is often long. It can have serious impacts on family who may be caring for you. 

Even a minor back injury, like a sprain or strain, can make it difficult to do the things you took for granted. Where the sustained injury wasn't your fault, back injury compensation can help you keep up with unforeseen costs and recompense any suffering.

What are the common types of neck and spinal injury in a road accident?

The impact forces in a vehicle accident are huge, even at low speed. The types of spinal injuries caused, and therefore the compensation for back injury claimsafter a car accident, can include:

Whiplash 

Whiplash is one of the most common car accident injuries, causing damage to soft tissues, muscles and ligaments in the neck and shoulders. It often occurs in rear-end shunts where the head and neck are jerked forward sharply while the body stays still.

It can take hours or days for symptoms to appear. They might include pain, stiffness, dizziness, fatigue or blurry vision. It often requires physiotherapy during recovery if these symptoms are severe. 

Spinal fracture

Spinal fractures often occur in accidents where the seatbelt doesn't hold you in place properly. The lower half of the body remains still, but the torso and head are jerked around, sometimes causing compression fractures in the vertebrae. Symptoms can include painful breathing, numbness, a general sense of weakness and bladder issues. 

Treatment can range from rest through to surgery. If you experience lower back pain after a car accident, you could be owed compensation if the accident wasn't your fault.

Herniated discs

Herniated discs are also known as slipped discs. The soft, jelly discs between your vertebrae can be squeezed very hard in an accident. They can move and compress nerves causing severe pain and numbness that takes time to heal. Treatment usually involves physiotherapy and pain relief, with surgery in more serious cases.

Spondylolisthesis

Spondylolisthesis is when a stress fracture forces vertebrae out of position and spondylolisthesis occurs. It squeezes nerves in the spinal cord, causing pain, numbness and difficulty walking. Treatment depends on the severity and location of the damaged vertebrae. However, it's usually either done by physiotherapy or surgery. 

Spinal stenosis

Spinal stenosis isn't usually caused by a road accident directly, but can cause someone with asymptomatic spinal stenosis to develop symptoms. The condition is usually found in people over 60 and is where the spinal column narrows around the spinal cord and compresses sections of nerve tissue. A spinal specialist will be able to assess if your accident triggered the symptoms and then determine the right course of treatment. 

Spinal cord injuries (SCI)

Spinal cord injuries (SCI) - are often the most serious. They occur when the cord itself is bruised, torn or severed. They can happen even in low-speed accidents. SCI injuries can result in various forms of paralysis and can be permanent, involving loss of feeling and movement in some or limbs. Broken back compensation could help to support you and your loved ones during this difficult time. 

Brachial plexus injury

Your brachial plexus is a network of nerves in your spine that sit between your shoulder blades. Damage to this nerve network due to brachial plexus injuries can cause an injury called brachial neuritis, also known as Parsonage Turner syndrome. The damage to your nerves can lead to numbness or tingling, as well as pain in the arms and hands.

Are there time limits for making a back injury compensation claim?

Yes there are. To qualify for making any no win no fee back injury compensation claim, you must have been injured within the last three years. The accident must also have been wholly or partially the fault of someone else.

• If you were 18 or over when the injury occurred, you have three years to make a personal injury claim from the accident date. 
• If you were under 18 at the time and no claim was made, you have three years from your 18th until your 21st birthday to claim.

There are exceptions to the three-year limitation, for instance if the claimant has experienced such severe injury they can't make the claim themselves or if they lack the psychological capability to do so.

If you've got any questions about making a no win no fee compensation claim, contact us for free and impartial advice on . We'll listen to what you've been through and let you know if we think you could make a no win no fee claim. Alternatively, you can try our eligibility verifier which asks some simple questions about your experience and will let you know whether we think you may be able to make a back injury claim.

It's important to add that we'll never rush or pressure you. We're here to give you impartial and free no win no fee compensation advice so you can decide what to do next.

How much is the average settlement for a back injury compensation claim?

Back injury compensation claim amounts vary according to severity and the circumstances of your accident. It's not possible to give you an accurate idea of how much back injury compensation you might receive in a successful claim until your solicitor has investigated all the details. You can see more details about how compensation is determined in the upcoming section.

How much compensation could you get for a back injury at work?

Again, this will depend on your case and whether your employer is proven to have acted negligently. 

To get an estimate of the amount of back injury compensation you may be owed for an accident at work, on the road or elsewhere, use our compensation calculator. It will give you an estimated figure of how much compensation you could receive, given your circumstances.

How will my back injury compensation amount be determined? 

Your back injury compensation amount will be determined by general damages and special damages:

General damages

These would cover intangible losses, including pain or emotional suffering. 

The Judicial College is a government department in the Ministry of Justice. One responsibility it has is to set the guide amounts for general damages. These are known as the Judicial College Guidelines.

Special damages

These would cover more ascertainable losses, ranging from medical expenses to lost wages.

Below are some examples of the latest compensation award ranges for back injury claims. If you've suffered any financial losses (for instance, loss of income), these will be added to your award if your claim succeeds.

How do I pay for making a back injury compensation claim?

You do this with a no win no fee arrangement, also known as a conditional fee agreement. It's the contract between you and your no win no fee specialist back injury compensation solicitor.

There are no upfront costs or hidden charges. If your claim succeeds we guarantee we'll never deduct more than 35% of your compensation.

These costs will only be deducted when your compensation is paid, and may include: 

• A ‘success fee' which compensates the solicitor for the risk they take, as if your claim is unsuccessful they won't be paid at all.
• Any other legal costs or expenses not recovered from the other side, such as the costs of any legal expense insurance.

When you start your claim, your solicitor will take out legal insurance protection on your behalf. This is sometimes called ATE (After The Event) insurance. If your claim is unsuccessful, then the other party's costs will be paid out of this insurance. 

If you don't receive any compensation, then you won't have to pay for the ATE insurance. If your claim is successful, then it'll be paid out of your compensation as part of the fees.

Your back injury solicitor will discuss this with you at the start, so you'll know what to expect when your claim settles. If you don't win your no win no fee claim, you pay nothing to anyone. 

Why choose National Accident Helpline to make your back injury claim?

• We'll pair you with a solicitor who's experienced in back injury compensation cases. 
• Our extensive network of specialist lawyers across the UK means you can tap into expertise across niches. 
• The solicitor fiorms we work with in England and Wales are signed up to the Solicitors Regulation Authority, which sets out the standards that back injury solicitors must adhere to. Our Scottish partner firms are signed up to the Law Society of Scotland.
• We founded the Ethical Marketing Charter, which seeks to uphold exceptional standards in the personal injury claims sector.
• We won't ever cold call you or pressure you into making a back injury claim. We only ever contact people who have reached out to us first.
• We have well over 20,000 reviews on Trustpilot and hold an 'Excellent' rating.