This guide will inform you on how to make a serious back injury claim. Certain serious back injuries, such as paralysis, can have a life-changing impact on mobility. As you move through this guide, you will find information on the eligibility criteria for beginning a personal injury claim, the time limits that need adhering to, and the evidence that could help support your case. Additionally, later in this guide, we will explore the compensation that could be awarded to address the way an injury has impacted your life should your claim succeed.
Different third parties will have a duty of care to keep you safe in the workplace, on the road, or in a public space. We will explain the duty of care they owe, and the legislation they must adhere to, later in our guide. We also provide examples of how a breach of duty by one of these third parties could lead to an accident in which you sustain a serious back injury.
Finally, our guide will look at the advantages to working with a No Win No Fee solicitor when you make your serious injury claim.
We also have a team of advisors ready to answer any questions you might have whilst or after reading our guide. To reach our team any time, all you need to do is:
Select A Section
- When Could You Make A Serious Back Injury Claim?
- What Accidents Could Cause A Serious Back Injury?
- What Evidence Could Help Support Your Serious Injury Claim?
- Estimated Serious Back Injury Claim Payouts
- Begin Your Claim On A No Win No Fee Basis
You must be able to show your personal injury claim is valid by meeting particular eligibility criteria. As such, you would need to prove that:
- A third party owed you a duty of care;
- They breached their duty;
- The breach caused an accident, leading to your physical and/or mental injuries.
Additionally, your claim for a personal injury must typically begin within three years of an accident occurring, according to The Limitation Act 1980. With that being said, there may be situations in which the time limit is altered or paused.
For further guidance on the limitation period and eligibility for a serious back injury claim, please contact an advisor on the number above.
In the next sections, we will explain the duty of care different third parties owe, including road users, employers, and those in control of a public space.
Spinal And Other Back Injuries In The Workplace
The Health and Safety at Work etc. Act 1974 makes clear that employers must take all reasonably practicable steps to keep employees safe. Some of the ways they can uphold this duty of care includes performing risk assessments, providing any necessary personal protective equipment and adequate training to employees.
If your employer failed to uphold their duty of care, it could lead to an accident at work in which you sustain a back injury. For example, an employer does not perform a risk assessment or implement any measures to reduce the risks involved by working from a height. As a result, an employee falls from a height and sustains a severe back injury that leads to damage to the spinal cord.
RTA Spinal And Back Injuries
Road users have a duty of care to navigate roads in a way that keeps themselves and others safe from harm. The Road Traffic Act 1988 and the Highway Code each lay out rules that must be followed by road users to ensure their duty of care is upheld. A failure to do so could result in a road traffic accident that causes a serious injury to the back.
For example, the driver of a lorry fails to check their mirrors, signal and ensure it is safe to change lanes before doing so. As a result, they crash into the side of a car, causing the driver to sustain a serious back injury that leads to paralysis.
Spinal And Back Injuries In Public Places
Occupiers of public spaces have a duty of care to keep visitors reasonably safe on their premises. They can do this by acting on reported safety concerns. The duty of care for occupiers is covered by the Occupiers’ Liability Act 1957. If the person responsible for a public space does not uphold their duty of care, an accident could occur.
For example, despite reports being made about a defective manhole cover, no steps are taken to fix the issue or put any measures in place to reduce the risk of it causing injury. As a result, a member of the public falls down the defective hole and sustains several injuries, including a fractured disc in their back.
An advisor can talk about your specific circumstances in more detail and help you understand if you are eligible to make a serious back injury claim. You can reach them via the number above.
Your serious back injury claim will need relevant evidence to prove a third party breached their duty of care, and that this caused you harm. To this end, you could gather:
- Witness contact information.
- CCTV footage, or dashcam footage.
- Photographs highlighting the accident scene and visible injuries suffered.
- Official reports, such as a police report or a logged entry in a workplace accident book.
- Medical records showing the injury, such as an X-ray scan.
If you need help building your case, you might benefit from working with a solicitor from our panel. Aiding in gathering and presenting key evidence is just one of the services they can provide.
Please do not hesitate to contact our advisors for further information on the ways in which a solicitor could help you, and whether they could represent your case.
If your serious back injury claim succeeds, the settlement you receive could be made up of two heads of claim:
- Special damages account for monetary losses stemming from your injuries. This could include a loss of earnings incurred due to time taken off work, or mobility aids you have to buy after a severe back injury, such as a wheelchair. Receipts and payslips can help prove these losses.
- General damages compensate for the physical and psychological suffering and pain of your injuries.
Legal professionals can use your medical evidence alongside the Judicial College Guidelines to help assign value to your injuries. The JCG contains a list of guideline award brackets. Each one corresponds to a different injury. You can find some of the figures in the table below, but please only use these as a guide.
|Severe Back Injury With Other Serious Injuries||Up to £1,000,000+||A back injury that is severe, with other serious injuries. Compensation will also be awarded for any financial losses.|
|Paralysis||£324,600 to £403,990||Quadriplegia; the paralysis of both arms and legs.|
|Paralysis||£219,070 to £284,260||Paraplegia; the paralysis of both legs.|
|Severe Back Injury (i)||£91,090 to £160,980||The most severe injuries which feature spinal cord and nerve root damage.|
|Severe Neck Injury (i)||In the region of £148,330||Incomplete paraplegia or permanent spastic quadriparesis.|
|Loss of Earnings||Up to £100,000 and above||Special damages can award compensation to reimburse loss of earnings incurred due to time taken off work, either permanently or temporarily, because of your injuries.|
For more information on the compensation you could be awarded for a successful serious back injury claim, please call an advisor on the number above.
The personal injury solicitors from our panel can provide their expert services under No Win No Fee terms. As such, they could offer you a Conditional Fee Agreement.
This means you could benefit from their services without paying:
- As your case progresses;
- If the case loses.
Before the case starts, you would agree to a percentage of the compensation that your solicitor can take if you win. This percentage has a legal cap applied to it by The Conditional Fee Agreements Order 2013. As a result, you can be sure that most of the compensation would be yours.
Get Help From Our Team
Whatever support you need with a serious back injury claim, our team can provide it. From simple queries to a full consultation or case assessment, you can count on dedicated support anytime.
Furthermore, if an advisor finds that your case has valid grounds to proceed, they could put you in touch with a solicitor from our panel. Our consultations and assessments are free, so to make the most of this service, you can:
Discover More About Claiming For Serious And Severe Injuries
Here are some more guides you could find helpful:
- This guide covers claims for a factory accident, and the compensation you could receive.
- You can see more car accident claim payout examples here.
- A closer look at public liability claims payouts, and the different factors that will be considered when calculating how much you’re owed.
For further information related to serious back injuries:
Thank you for reading our guide on making a serious back injury claim. Please get in touch with our team if you need any further support.
Written by EM
Edited by MMI