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Road Traffic Accident Claim: How Much Back / Neck Injury Compensation?

Tuesday, November 30th, 2010

How much compensation can you claim in a road traffic accident in which you suffered back and neck injury?

Road traffic accident victim question:

I had a road traffic accident around 8 weeks ago and appointed a lawyer to claim compensation. I had doctors examination and he had identified the following:

1. Sudden hyperextension-flexion motion applied to cervical spine causing trauma leading to soft tissue injury producing pain and stiffness of movements in the neck and upper back that has lasted until the present time.

2. A soft tissue injury to my lower back causing pain and stiffness of movement which has persisted until the present time.

3. Soft tissue injury to his hips causing pain and stiffness of movement which has persisted until the present time.

The doctor thinks I should continue my physiotherapy for another 4 months (total 6 months to recover).

How much compensation should I be able to claim?

Road traffic accident claims solicitor response

I have the following observations to make, which should help you ensure you get the correct amount of compensation following your RTA:

1. The medical report has been obtained very early on especially as you are still suffering symptoms.

I have spoken with many medical experts in the course of practising law and I am told that it is very difficult for an accurate prognosis to be given as to how long symptoms can last into the future when an examination takes place so soon after an accident.

I think you should tell your lawyer to hold fire in attempting to settle your claim or in disclosing the medical evidence to the driver who you hold responsible until you have receive the physio.

If your symptoms are ongoing – you should speak to your solicitor about getting an updated report as it is quite likely that the prediction of 6 months is an insufficient time period for recovery, which could mean your claim is worth substantially more compensation.

2. Ensure that your lawyer has used a suitable medical expert.

You have used the word doctor to describe the medical professional who has completed a report on your behalf. This sets alarm bells ringing as typically a GP uses this term.

A consultant orthoaedic surgeon will typically use the term Mr or Miss. You need to ensure that your solicitor has not attempted to cut corners by instructing a GP when an orthopaedic consultant is necessary.

Only by using the correct medical professional can you be sure that no injuries are missed, for example have scans and x rays been taken to ensure that no spinal vertebrae have been affected.

3. The amount of compensation you will receive for the hyper-extension injury to the cervical spine (also known as whiplash) and lower back injury will depend entirely on how long the symptoms last. At this stage I believe it is dangerous to give an estimate as I do not feel that your medical evidence is complete.

Some examples of how much compensation you can claim for your road traffic injuries can be seen by clicking the link car accident compensation