Claiming Compensation For A Back Injury After A Car Accident

By Daniel Picard. Last Updated 20th July 2022. The purpose of this page is to demonstrate why you may have due cause to pursue compensation for a back injury after a car accident. In a worst-case scenario, a back injury caused by a road traffic accident can have life-changing consequences or result in a fatality. Potentially leaving you paralysed, or with some other permanent disability. Even a minor back injury may be extremely painful and leave you with reduced mobility until it heals properly. If you suffer physical harm, mental trauma or financial losses due to such an injury, caused by the negligence of another road user you may be able to pursue compensation. This guide will explain how.

Back injury after a car accident

Back injury after a car accident claims guide

However, before we get into the meat of the guide, we need to make one thing clear, your claim will be based on your own unique circumstances. This could be how the claim came about, the reasons for claiming compensation, etc. We are telling you this, is so that you understand that we can’t hope to cover every combination of questions you could need answers to in this guide. Don’t worry if there are still a few unanswered questions though. You have the option of calling and talking to our team of claim advisors on 0161 696 9685. When you do, they will try to answer all of the questions you need answers to.

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An Overview On Claiming For A Back Injury After A Car Accident

If you have injured your back in a car accident, then this guide is aimed at you. It will provide you with the basic knowledge you need to know to pursue compensation for a back injury after a car accident. In the sections below, you will learn why you might have a valid claim, and how to proceed with one if you do.

We must mention that since the middle of 2021 if injuries to passengers and drivers over the age of 18 are valued at less than £5000 you will make your personal injury claim in a different way. This will be through the government portal as part of the Whiplash Reform Programme.

The first few sections of the page is related to reasons to claim. We begin with a general overview of what a car accident back injury claim is. Including a look into the time limit to start a claim. We then cover some specific types of back injuries. This includes lower back pain, spinal cord injuries, lumbar injuries, herniated discs and thoracic spine injuries.

The next part of the guide provides information about the claims process itself, including financial information. You will learn about the types of evidence you can provide to support your claim. We have added an example compensation table, and also an explanation of some of the more common types of damages. No Win No Fee agreements are covered, and we explain how the fee structure works. Lastly, this guide ends with some useful resource links, a look into some key statistics, and a short FAQ section.

Is There A Claim Time Limit?

There will be a claims deadline that your claim for car accident injuries has to be started within. As long as it is begun before this personal injury claims time limit is up, it won’t matter how long it takes to resolve. Your unique set of circumstances will drive this time limit.

In general, you have three years to start your claim. With this time limit starting on the date of the accident or the date you become knowledgeable your injuries were the result of negligence. Which in most instances of a car accident will be the same day the accident took place. However, some things can affect this time limit. As an example, if the claimant is under the age of 18, or is covered by the Mental Health Act 1983.

If you want to find out exactly what time limit is going to be in place for your own claim, we can help. Call and explain your claim to a member of our team of advisors. They will then tell you what the deadline will be.

What Is A Back Injury After A Car Accident?

Why might you need to pursue compensation for a back injury after a car accident? Firstly, you would need to have a valid reason to make a claim. This means proving that another road user was responsible for causing the accident that your back was hurt in. If you can show the actions of a third party directly or indirectly lead to the accident, you might have a valid claim.

When accidents happen on the roads sometimes they are not the fault of anyone but others times they can be caused through a breach in the duty of care other road users have for one another, due to roads being of a poor condition or maybe because of hazards left on the road.

To make a valid personal injury claim it must be proven that those who have a responsibility to your safety failed in this regard. Meaning the duty of care was breached. And because of this negligence, you suffered harm.

If your claim is valid you can try to pursue compensation for two reasons. Firstly, physical (or psychological) harm. For example, a spinal injury or a herniated disc. It is important to understand that a back injury from a car accident symptoms might not manifest straight away. You could discover some time later on that you were hurt quite badly, even though you did not realise it at first. Secondly, you can try to pursue compensation for any monetary loss caused by your injuries.

I Suffered Lower Back Pain, Could I Claim?

You might need to claim for compensation for a back injury after a car accident due to  lower back pain. This can be a non-specific injury, with the pain being caused by a number of minor contributing factors. Or it can be a specific injury, such as the ones listed below.

  • Strain to the ligaments or muscles.
  • A ruptured or bulging disc.
  • Vertebra fracture

Even a low-speed car accident could cause an injury resulting in lower back pain. It could easily exacerbate existing conditions such as osteoporosis or arthritis. Lower back pain can be either acute or chronic. In the latter case, the pain may last for an extended period and require pain management of some kind to counter the pain.

My Spinal Cord Was Injured, Could I Claim?

The spinal cord is protected by the vertebrae. It consists of a column of tissues and nerves and is part of the central nervous system. Technically it runs from the bottom of the skull to near the end of the spine and is instrumental in the functioning of the body. Injuries to the spinal cord are life-changing and can hinder many actions the body needs to perform.

Below we look at the types of injuries that can be suffered at the spinal cord;

  • Tetraplegia.
  • Paraplegia.
  • Triplegia

Even a minor spinal cord injury can have serious consequences. Symptoms range from numbness or pins and needles to total paralysis. Furthermore, if you are the victim of a spinal injury, you are at greater risk of other medical conditions.

I Suffered A Lumbar Back Injury, Can I Claim?

It could be possible to claim compensation for a back injury after a car accident that results in a lumbar back injury. The lumbar region of the back is situated at the lower end of the spine. It is connected to the pelvis and supports much of the body. Here is the part of the body we use for lifting and carrying amongst many other functions.

Injuries that take place near the bottom of the back can cause a range of symptoms among them will be acute pain and discomfort. It may mean that your life quality is impaired until the injury recovers.

Damage of the lumbar region of the back can very easily be caused by a car accident. To have your case assessed for free with no obligation by one of our advisors call today. Our advisors are available every day of the week 24 hours a day so they can assist you whenever is appropriate.

I Herniated A Disc In My Back, Could I Claim?

The discs of the spine sit between the vertebrae as cushions or shock absorbers, making movement smooth and painless. A slipped or herniated disc occurs when one of the discs has popped out from between the two vertebrae on either side.

Symptoms of a herniated or slipped disc include;

  • Your legs going numb,
  • Lower back pain
  • Numbers in the shoulder, arms, back, legs or feet
  • Standing issues
  • Neck pain
  • Muscle weakness
  • Sciatica

My Thoracic Spine Was Injured In A Car Accident, Can I Claim?

You could potentially claim compensation for a back injury after a car accident causing a thoracic spine injury. The thoracic spine is the mid to upper part of the back, that connects to the ribs. A car accident could very easily cause this type of injury, due to the effects of severe whiplash.

A thoracic back injury could very easily result from a high-velocity impact in a car crash. These injuries can be very serious, as this part of the spine connects with the cervical and lumbar areas as well as the rib cage.

What Evidence Do I Need To Win My Claim?

To help you to claim compensation for a back injury after a car accident, you can submit evidence in support of your claim. Your solicitor will be able to tell you more about the types of evidence that might be appropriate. However, here are some examples below.

  • Photographs of the scene of the road traffic accident and the cause. However, only take photographs at the scene of the accident if it is safe to do so.
  • Details of all other road users, drivers and vehicles involved in the accident. Driving licence numbers, car registration numbers, insurance details, etc.
  • The name and contact details of anyone who saw the accident happen. These witnesses may be needed at a later stage, to provide testimony.
  • Details of your injuries, and the results of a medical examination that proves the extent of your injuries. Also, any medical evidence of long term health problems due to the accident or injuries. This might include psychological injuries such as post-traumatic stress disorder, for example.
  • Information that proves any monetary loss accrued by your injuries. You should keep all receipts, bills, invoices, etc. to help with this. Also, details of any predicted financial loss you will suffer in the future. For example, loss of earnings due to reduced working potential.

If you want some general help and advice about what types of evidence you could gather, please call our team. Our advisors will be able to provide you with some help.

Compensation Payouts For A Back Injury After A Car Accident

The figures in the table below have been taken from the latest edition of the Judicial College Guidelines (JCG). Last updated in 2022, this publication is used by legal professionals as part of the valuation process of your general damages payment. This is the portion of your settlement that addresses the pain and suffering your injuries cause you.

The amount you receive can often depend on how severe your injuries are. For example, lower back pain that eventually subsides would likely be worth less than lasting paralysis. Factors such as the overall effect that your injuries have on your life are also considered during the process of arriving at an appropriate figure.

The figures in the table below are based on past court cases for similar injuries. However, each claim is unique. Therefore, your own circumstances need to be assessed before an accurate estimate can be made. If you’ve sustained a back injury after a car accident, get in touch with our advisors today.

We can take you through the process of working out how much you could receive in compensation and even give you a bespoke estimation.

Damage TypeLevel of SeverityPossible CompensationInformation
BackModerate (i - iii)£12,510 to £38,730Crush or compression fractures, risk of osteoarthritis, with constant pain and discomfort, prolapsed discs as well as reduced mobility will play a role in this bracket award.
BackSevere (i -iii)£38,780 to £160,980Fractures, dislocations, severe soft tissue damage will all be awarded near the lower end of the bracket. Towards the top end damage to the spinal cord and nerve roots and incomplete paralysis and significantly impaired digestive organs.
Paraplegia(b)£219,070 to £284,260The award will depend on varying aspects of life expectancy, to what extent the person is independent, mental health issues and sexual function.
Tetraplegia (also known as Quadriplegia)(a)£324,600 to £403,990The middle ranges of this brackets will be awarded for those who have the ability to speak, can see, and hearing life expectancy of more than 25 years but needs help with bodily functions.

You may also be able to use a personal injury compensation claims calculator to get a general idea of how much compensation you might receive. Another option, is to have a personal injury solicitor evaluate your claim accurately for you. If you call and speak to our team, they can tell you how to organise this.

What Further Damages Could I Claim?

When you claim compensation for a back injury after a car accident, you may be entitled to claim damages for two main reasons. You could claim general damages and special damages.

When you sue for general damages, you can claim compensation for all of your pain and suffering associated with the injuries and harm. Here are some examples;

  • Treatment or therapy involving invasive or traumatic techniques.
  • Trauma, shock, and pain were experienced as a result of the injury.
  • You endured pain and suffering during your emergency treatment.
  • Disablement or permanent impairment that persists over time.
  • Mental conditions such as depression, anxiety, or post-traumatic stress disorder caused by trauma.
  • An extended period of therapy or treatment, such as physiotherapy.

Special damages pertain to different types of monetary loss of some kind. The loss may be existing or foreseeable. Listed below are several examples.

  • You will lose predicted lifetime earnings if you sustain an injury that negatively impacts your future work prospects.
  • Expenses associated with private medical care.
  • In order to recoup earnings lost during a leave of absence due to injury.
  • You will be covered for any medical care you may need at home. For instance, if you had to pay a medical care professional to take care of you.
  • You may have incurred expenses due to your injuries, or expenses associated with the claims process.

In case you have any questions about what damages you could possibly claim in your own successful case, please contact our team. You will be able to receive further advice after a claims advisor has evaluated your claim and learned enough about your situation.

Could No Win No Fee Solicitors Help You Claim Compensation For A Back Injury After A Car Accident?

It’s possible that you have heard the term No Win No Fee. Law firms can offer personal injury claims services through Conditional Fee Agreements CFA. This means their fee is conditional on them winning your case. You could be able to use such a service to claim compensation for a back injury after a car accident.

A No Win No Fee arrangement means that you will not have to pay your solicitor an upfront fee. Neither a retainer fee is required. While the claim is being processed, you will not be required to pay any fees. Regardless of the length of time it takes to resolve the claim, this will always be the case. Furthermore, if the claim fails, your lawyer will not ask for payment.

If you win your claim, your lawyer will ask you to hand over a success fee. There are legal limits to the amount you must pay. You can also deduct this amount from the compensation payment you were sent through your solicitor. This will leave you with the remainder of your compensation payment. We can provide you with more information about making a No Win No Fee claim if you contact our claims team. A member of our team of representatives will be able to assist you.

Contacting Legal Helpline

Do you think you have just cause to claim compensation for a back injury after a car accident? If so, we might be able to help you. Please call and talk to one of our claim advisors about starting a personal injury claim.

Telephone: 0161 696 9685

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Useful Links

Here are some other claims guides.

And here are some other useful web pages.

The Whiplash Reform Programme

Whiplash Injury Regulations

Get Emergency Help With Back Pain

How Many People Are Injured In Car Accidents?

Using data provided by the Department for Transport DfT, we created this graph showing the number and severity of vehicle accidents in Great Britain during 2020.

Vehicle Accident Severity 2020

FAQs About Claiming Compensation For A Back Injury After A Car Accident

Some simple answers to common car crash back injury claim questions.

What are the most common back injuries?

Common back injuries include a slipped (prolapsed) disc, sciatica, ankylosing spondylitis, and spondylolisthesis. However, there are many more causes of back pain after a car accident. We recommend you seek medical attention if you have back pain.

How long could it take for my injury to appear?

There can be a delay in experiencing back pain following an injury. No matter whether you believe you are not harmed, you seek medical attention after an accident. You could be able to get compensation for a back injury after a car accident.

Written by CE

Edited by IE.