Back Injury Claims: Solicitor explains the amounts of compensation you can claim for your back injuries caused in a UK accident
Discover what parts of your body make up your back, the most common types of back injury claims (including car accident and workplace injury) with examples of how much compensation payouts you can claim in the UK for all types of back injury from the minor to the most severe,
What are back injury claims?
Your spine is made up of three distinct areas – the cervical spine (the upper part of your spine, which is normally referred to as the neck), the thoracic spine (the middle part of your spine) and the lumbar spine (the lower part of your spine).
When you refer to your back you will normally be referring to the lower and middle part of your spine and the surrounding muscles and tissues. The upper part of your spine and surrounding muscles and tissues is typically being known as your neck.
Back injury claims therefore normally refer to claims for compensation when your lower of mid spine is injured in an accident or as a result of medical negligence.
What are the most common accidents which can cause back injuries?
There are many different types of accident which can give rise to back injury claims, which include:
1. Road accident back injury claims
You will undoubtedly have heard of whiplash injury compensation claim. A whiplash is an injury where the neck or cervical spine is injured due to the head being thrown forwards and backwards.
See our car accident compensation article – for a description of the amounts of compensation you can recover for whiplash injuries in a road accident that took place prior to the 31 May 2021 (see legal update below).
In addition to whiplash – injuries to your lower and mid back are quite common in a car accident due to large forces coming to play even when a seatbelt is correctly being used by a driver and passenger.
Other types of road traffic accident can cause serious back injuries, such as a those involving a motorcycle. Click motor bike accident to see the types of injury and amounts of compensation you can claim for motorbike injuries.
Legal Update: As from 31 May 2021 – the amount of compensation was greatly reduced for certain types of back injury caused in a road accident with symptoms lasting up to 2 years. However, back injuries caused in car or or other road accidents prior to 31 May 2021, involving a motor vehicle, in which action has commenced should still be subject to the figures as set out in this guide.
2. Accident At Work Back injuries
Heavy lifting at work can cause serious back injuries. The Manual Handing Regulations and Health and Safety laws protect you in the event of a lifting injury in the workplace, such that you can claim compensation from your employer should you suffer injury.
3. Medical Negligence Back injuries
Operations on the spine can be very complicated and if such an operation is not performed correctly you might be entitled to claim compensation form the NHS trust responsible for the acts of all the doctors, nurses and other medical staff employed by them.
4. Other Types of Personal Injury Claim
Other types of personal injury claim, which might involve an injured back include: slip and trip accidents, sporting accidents, criminal injury compensation claims, industrial disease claims, animal accidents and even some accidents abroad.
Examples of how much compensation you can recover for pain and suffering for UK back injury claims
Some examples of the amounts of compensation you can claim in 2021 for your pain and suffering caused by a back injury, include:
1. Back Injury Compensation Settlements For Symptoms Up To 3 months
Average compensation payouts you can expect for back injury lasting between a few weeks and 3 months are: Up to £2,300 *
*These compensation amounts do not apply to back injuries caused in a road accident on or after 31 May 2021 – see our whiplash & back injury payout article.
2. Back Injury With Symptoms Of Three months To Two Years
If you have suffered a back strain or muscle injury lasting for more than 3 months, but for which you have no further symptoms of pain after two years you can expect an average payout of: £2,300 – £7,500 *
*These compensation amounts do not apply to back injuries caused in a road accident on or after 31 May 2021 – see our whiplash & back injury compensation article.
3. Back Injury Average Payouts Symptoms From Two to Five Years
If you have a back injury which involves a strain, muscle injury or a prolapsed disc (where surgery is not necessary) with pain symptoms lasting between two and five years – back injury settlements are calculated between: £7,500 – £11,700
4. Back Injury Settlements When Surgery Required
A moderate back injury describes a back injury with prolapsed discs requiring surgery to remove part of a spinal vertebra (this operation is known as a laminectomy), spinal fusion, acceleration of degeneration of your spine (effectively as though your spine has aged prematurely) and crush fractures of the spine. Your back claim settlement payout is calculated between: £11,700 – £36,500
5. Most Serious Injury Of The Back Claims
The most serious back injuries can result in paralysis, sexual difficulties, problems with functioning of your organs (such as bowel and bladder problems) resulting compensation settlements between: £36,500 – £151,000
Can you claim compensation for financial losses as well as pain and suffering?
“Yes” – in addition to pain and suffering for your back injuries you will be entitled to claim compensation for any financial expenses you may incur – this will depend entirely on your own financial position and expenditure both before and after your accident.
If these sums of money are likely to be large amounts – your solicitor will likely have an accountant report produced describing all of the past and potential future financial expenditure.
Click rehabilitation of spinal and head injuries to see how to claim rehabilitation expenses in the event of a serious back injury claim.
Summary of Amounts Of Back Injury Claims
In this article you have seen examples of how much compensation your back injury settlement is likely to calculated at for all manner of back injuries, together financial loss and expense that can be claimed and a description of the most common types of accident that can cause back injury.
Specialist Solicitor Free Online Help
Use our specialist solicitor free online / telephone help to discuss your particular accident circumstances that may give rise to a back injury claim and have any questions you may have answered.