Back Injury Claims

Back injuries can vary greatly. The most severe injuries will usually attract the most compensation.

The following figures are from taken from the 14^th Edition of the Judicial College Guidelines. These are the same figures that judges often use when assessing the value of a personal injury claim.

NB – in very rare and severe cases, which involve complete paralysis, a different set of brackets may be appropriate. For such cases, injuries may warrant an award of up to £354,260.

The descriptions above are only very general. When valuing the compensation which would be reasonable for your injury, many factors will be looked at such as:

• The pain and discomfort you have experienced.
• The duration of your symptoms.
• How your injuries have affected your life.
• The extent of treatment and/or medication you required (or continue to require).
• The combination of different symptoms you have experienced.

As you can see, claiming for a personal injury does not just mean claiming compensation for the pain and suffering your injury has caused, it also involves claiming compensation for how the accident has affected your life. This is a claim for ‘loss of amenity’. The personal injury element of a claim is sometimes called ‘pain, suffering and loss of amenity’.

However, other losses, which have arisen from the accident and injury, can be claimed in addition. Frequently claimed categories of loss include:

• Travel expenses.
• Medical expenses and treatment costs.
• Care and assistance.
• Loss of earnings.

The vast majority of back injury claims (and personal injury claims in general) involve proving you were injured through another party’s negligence. There are several parts to this:

1. The other party must have owed you a ‘duty of care’. This term may call to mind a doctor/patient situation. This is one example where a duty of care would exist but the idea of a duty of care covers other situations. For example, it can cover employers and employees and the duty of road users to take care in relation to others.
2. They must have failed in their duty of care. This could be because they took certain actions or failed to take appropriate action – anything which meant they did not meet the standards which the law required of them, such as an employer making you carry a heavy weight in contravention of the Manual Handling Regulations.
3. Their failure must then have caused your injury.

To succeed in your compensation claim, you must prove each of these points. Sometimes, the other party may accept some of the points themselves. For example, they might admit they were at fault for the accident, or they might accept your injury was caused as a result of it.

Once these points are established, you must then prove the amounts of compensation you are claiming are accurate and reasonable. This means supporting them with evidence.

Because you are making the claim, it is for you to prove all of these things. It is not for the other side to disprove them.

This may make the process sound difficult, but Truth Legal’s expert solicitors will guide and support you throughout your claim, ensuring that we instruct the correct medical experts to comment on your injuries. Our advice and effective handling of your claim will ensure it is made as easy as possible.

Time limits apply to personal injury claims. If too much time has elapsed from your accident, you may be prevented from making a claim.

In most cases, you have 3 years from the date of the accident in which to either settle your claim or begin court proceedings.

This time can quickly run out. If you are thinking of bringing a back injury claim, or you are worried matters have been left for too long, contact us as soon as possible so that we can advise you on where you stand.

There some rules which can change the time limits applicable to your case. Even if you believe you have missed the time limit, it is worth speaking to us to see if anything can be done.

If the accident which caused your back injury was not your fault, Truth Legal can often conduct matters on the basis of a ‘No Win, No Fee’ agreement. In the vast majority of situations, this means you will not have to pay our fees if we are unsuccessful in recovering compensation for you.

On the other hand, if we are successful, our fees will be paid by a portion of your compensation award and also by the other party (or more commonly their insurers). This is how No Win No Fee Agreements usually operate.

If you have any concerns about funding your claim, we are more than willing to discuss matters with you in more depth.