Back injuries can be some of the most debilitating injuries it is possible to suffer.
Though they can vary considerably, many different back injuries can cause lasting damage. If you have been unfortunate enough to suffer a back injury due to someone else’s negligence, you may be able to claim compensation for your injury and the negative effects which have resulted.
Statistics from the Health and Safety Executive indicate that from 2016 to 2017 work-related back disorders were responsible for the loss of 3.2 million working days. For the economy, that’s a huge amount of lost working time, but on a more personal level these numbers show the big difference a back injury can make to someone’s working life. For each case included in the statistics, the average number of working days lost was 16.5 days. Given that the minimum holiday entitlement for UK employees is 20 days (not including bank holidays) that’s almost a full year’s worth of holiday missed from work due to a back injury.
Those figures only reflect work-related back injuries but there are many ways in which a back injury can occur. The most frequent causes include:
Slips, trips, and falls in locations other than the workplace.
Defective products
For example, a faulty chair could cause a back injury.
Whiplash is not limited to the neck, it can also cause damage to your back as well. The 2021 whiplash claim reforms include soft-tissue back and shoulder injuries within its definition of whiplash. This means that if you sustained a whiplash back or shoulder injury in a road traffic accident, whilst you were inside a vehicle (as either the driver or passenger), your only option to make a claim might be through the Official Injury Claim portal. If so, Truth Legal will be unable to act for you due to the funding restrictions of the process. To find out more about this, please read our guide/FAQ on the whiplash reforms.
As noted in the statistics above, work-related back injuries are very common. Aside from impacts, falls, or falling objects, injuries to your back can be sustained through lifting and carrying heavy loads. If your employer has not provided sufficient training or equipment, they may have failed in their duties towards you.
In many ways, the human back is very prone to injury. It is a complex structure made up of various components. It has to allow flexibility in multiple directions whilst still providing the rigid support which allows us to stand upright. The major components are:
Claiming compensation can help you to get your life back to normal as soon as possible. Often once you have started a claim, insurers may provide you with rehabilitation in order to assist with your recovery.
Even though it cannot reverse the effects of the accident directly, bringing a compensation claim can fund your recovery and help you to rebuild your life. It can mitigate the financial strain you may face after a back injury has disrupted your ability to earn and provide for you and your family.
Not only that, a compensation claim can act as a powerful deterrent to the party responsible for your injuries. Your claim could prevent the same thing from happening to others. By claiming the compensation you are entitled to, you will send a strong message that the responsible party must do its utmost to prevent such negligence occurring in the future. If your claim is successful, the other side’s insurance premiums are likely to increase. In addition, they may as well as that have to pay any excess.
At Truth Legal, our specialist personal injury solicitors will work tirelessly to obtain the compensation you deserve. We pride ourselves on delivering an ethical, honest, and efficient service. Meet our team of friendly and experienced solicitors.
We are based in Harrogate and Leeds presences in York, Manchester, and London. However, we represent many clients nationwide. We are more than willing to sit down with you for a free, no-obligation consultation and to discuss any ways in which we can help you. Or, we can arrange a telephone consultation with you. Whichever you prefer.
Begin your claim with us today by contacting us now.
For any claim, it is important to instruct a firm of solicitors who specialise in the type of claim you are making. You are entitled to instruct whichever solicitors you wish. This means if you have already started a claim with another firm you may be able to transfer your case to us. Even if your case was allocated to a particular firm by a claims management company or by your insurance company, it is your case and you have complete freedom to choose your own solicitors.
There could be many reasons behind poor service: unqualified or overworked staff, a lack of understanding in relation to back injury claims, poor communication, or just a lack of trust. None of this is excusable. If the service you are receiving from your current representatives is poor then you should seriously consider switching or changing solicitors to Truth Legal.
Back injuries can vary greatly. The most severe injuries will usually attract the most compensation.
The following figures are from taken from the 14th Edition of the Judicial College Guidelines. These are the same figures that judges often use when assessing the value of a personal injury claim.
Back Injury | Description and Factors Considered | Compensation |
Severe | Cases at the lower end of this bracket will involve serious damage to the back, such as fractures of vertebrae or discs and ongoing disability such as pain, discomfort, impaired bodily function, and long-term effects upon quality of life.
Cases which also involve factors such as a loss of sensation, scarring, or an increased combination of effects will warrant the mid-point of this bracket. Towards the upper end of the bracket, cases will involve damage to the spinal cord or nerve roots, causing severe pain, partial paralysis, and impaired bodily function. Only the most severe combinations of these factors will lead to the highest figures. | £34,000 to £141,150 |
Moderate | Cases in this bracket include those where there is an ongoing residual disability but which is not as severe as described in the bracket above. This includes less severe fractures, prolapsed discs, nerve root irritation, reduced mobility, and significant pain and discomfort.
Cases towards the lower end of this bracket may include very severe soft-tissue injuries. | £10,970 to £34,000 |
Minor | This bracket covers cases with mainly soft-tissue injuries where a full recovery is possible or there is a recovery to ‘nuisance level’ symptoms. | Up to £10,970 |
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:
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:
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:
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. We have also partnered with CrowdJustice, a leading crowdfunding platform specifically designed to help clients get access to funding for their case. Find 0ut more about Crowdfunding for legal cases.
If you would like to know more about claiming for a back injury, or you wish to discuss your case, contact us today. We are more than happy to chat things through with you in a free consultation, with no obligation to proceed further.
Let us help you to claim the compensation you deserve.
Truth Legal was founded on the idea of putting ethics at the centre of legal services.
Ethical working is at our core: in treating people fairly, being open and honest, and taking social responsibility. We sponsor a large section of woodland near Harrogate, planting a tree for every one of the clients we represent.
We believe a good lawyer shouldn’t just offer technical expertise, but a real understanding of what you’re going through and how best to help you.
Above all, our team are dedicated to their clients – whether that is guiding them through legal complexities, securing compensation, or simply fighting for what’s right.
We won’t blind you with jargon – we give advice clearly. And when technical terms can’t be avoided we explain them in full.
In contrast to some firms, we don’t overload our lawyers with cases. Our team provide clients with a more personal service, meaning we can dedicate the proper time to your matter.
Just read our client reviews to see what a difference this can make.
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