How Do I Make A Back Injury Car Accident Claim?

Are you wondering whether you can receive compensation for a back injury in a car accident claim? Were you recently involved in a road traffic accident that has seen you become injured due to someone else’s negligence? If so, you may find this guide helpful.

Throughout this guide, we will explain how a car accident could cause you to suffer an injury to your back. We will also explore the responsibilities each road user has to keep one another safe on the road.

Furthermore, this guide will look at how car accident compensation is often calculated and the evidence you may need to support your claim.

Additionally, we will provide some guidance on the personal injury claims process and how our panel of solicitors may be able to help you by offering a No Win No Fee agreement.

You can speak with our team of advisors today for free legal advice regarding your potential claim. Get in touch by:

back injury car accident claim

Back injury car accident claim guide

Choose A Section

  1. Guidance On Making A Back Injury Car Accident Claim
  2. Calculating Compensation For A Back Injury Claim
  3. Explaining Back Injuries From Car Accidents
  4. How To Make A Back Injury Car Accident Claim?
  5. Could I Use A No Win No Fee Lawyer?
  6. More Information On Making A Back Injury Car Accident Claim

Guidance On Making A Back Injury Car Accident Claim

A road traffic accident is when one or more users of the road are involved in an accident. Users of the road can include drivers, motorcyclists, pedestrians and pedal cyclists.  A road traffic accident can involve a combination of these road users as well as stationary objects, such as a bollard or stationary vehicle.

In order to make a claim, you must prove that you sustained harm due to another road user’s negligence. You could make a claim even if you were partially responsible for the accident. This is known as a split liability claim. You could also claim if you were partially responsible for the injury. This is known as contributory negligence. 

For more guidance on your potential back injury car accident claim, you can speak with a member of our team.

Calculating Compensation For A Back Injury Claim

Your settlement could be divided into special and general damages when you pursue compensation following a road traffic accident.

Special damages seek to provide you with compensation for the financial losses accrued due to your injury. This can include paying for taxis to the hospital due to being unable to drive and paying for domestic care due to the severity of your injuries. Providing evidence of these financial losses, such as receipts, can help you in making a claim for special damages.

General damages seek to provide you with compensation for any of the physical and mental suffering endured due to your injuries. It takes into account the impact on your quality of life.

Using the most recent edition of the Judicial College Guidelines (JCG), published in April 2022, we have included a table of compensation brackets for back injuries varying in severity.

Personal injury solicitors will often use the JCG to help them value the general damages part of your settlement. However, they may also consider other resources such as medical evidence so the following figures should only be used as a guideline.

InjuryNotesAmount
Back Injuries(a) SEVERE (i) - Damage to the nerve roots and spinal cord leading to severe pain and incomplete paralysis as well as other issues.£91,090 - £160,980
Back Injuries(a) SEVERE (ii) - Orthopaedic back injury that causes nerve root damage and impaired mobility as well as other issues.£74,160 - £88,430
Back Injuries(a) SEVERE (iii) - Fractures or disc lesions causing severe pain and disabilities despite treatment.£38,780 - £69,730
Back Injuries(b) MODERATE (i) - Crush/compression fractures of the lumbar vertebrae causing consistent discomfort and pain.£27,760 - £38,780
Back Injuries(b) MODERATE (ii) - Disturbance of muscles and ligaments causing back ache. The amount awarded will depend on various factors, such as injury severity and degree of pain.£12,510 - £27,760
Back Injuries(c) MINOR (i) - A full recovery (or close to) happens within 2-5 years without surgery.£7,890 - £12,510
Neck Injuries(a) SEVERE (i) - Incomplete paraplegia alongside a neck injury.In the region of
£148,330
Neck Injuries(a) SEVERE (ii) - Serious cervical spine fractures causing disabilities of a considerable severity.£65,740 - £130,930
Neck Injuries(b) MODERATE (i) - Dislocations or fractures that can cause serious soft tissue injuries to the neck and back. These will result in a limitation of activities.£24,990 - £38,490
Neck Injuries(b) MODERATE (ii) - This bracket includes injuries such as damage to the soft tissues and pre-existing conditions that have been accelerated or exacerbated.£13,740 - £24,990

For more information on how much compensation you may be eligible to receive for a back injury in a car accident claim, speak with our team today.

Could The Whiplash Reforms Programme Affect My Claim?

With the introduction of the Whiplash Reform Programme on the 31st May 2021, any drivers or passengers in a car accident or other vehicle over the age of 18 with injuries valued at £5,000 or less must now claim via the government’s online portal.

These injuries are valued in line with the tariff listed in the Whiplash Injury Regulations 2021.

If you are unsure as to which avenue you should take regarding making a claim, you can speak with our advisors for help.

Explaining Back Injuries From Car Accidents

All road users owe one another a duty of care to keep each other safe when navigating the roads. There are rules and guidance set out in The Highway Code for all road users. Also, the Road Traffic Act 1988 outlines different offences for riders and drivers as well as outlining the duty of care owed. 

If another road user were to breach their duty of care to you, this could cause an accident that sees you becoming harmed.

Some examples of how you could suffer a back injury in a car accident include:

  • A drunk driver is speeding down the wrong side of the road. They crash head-on into you, causing you to suffer a back and neck injury.
  • The driver behind you is distracted by their phone. They do not notice you have come to a stop at a red light. They crash into the back of your car, causing you to suffer a back and shoulder injury.
  • Another driver doesn’t check to see if the road is clear before speeding out of a junction. They crash into the side of your car, causing you to suffer a back injury and broken leg.

It’s important to note that not all car accidents lead to claims being made. You must demonstrate that you sustained harm due to another road user’s negligence.

If you have recently suffered in a road traffic accident and are wondering whether you can make a back injury car accident claim, speak with our team today for free advice.

How To Make A Back Injury Car Accident Claim?

When pursuing compensation for a back injury in a car accident claim, they are particular steps you can take to build a strong claim. These include:

  • Receive medical attention – You should ensure you get your injuries checked out and treated, either at your local A&E or your GP surgery. Additionally, you can request a copy of your medical records as it could be used as evidence within your claim providing detail on what treatment and diagnosis you received.
  • Retrieve evidence – Evidence can include CCTV footage of the accident, photographs of the accident and any contact details of witnesses to the accident. Your solicitor can request a statement from any witnesses at a later date.
  • Get legal advice – Following a road traffic accident, you may be at a loss of what steps you can and should take next. Our team of advisors can provide free legal advice on your potential car accident claim. They could also provide a solicitor from our panel to represent your claim on a No Win No Fee basis.

For more information on the services our panel of solicitors could offer, see the section below.

Could I Use A No Win No Fee Lawyer?

You may want to consider a type of No Win No Fee agreement, known as a Conditional Fee Agreement (CFA) if you want to seek legal representation. A CFA means you won’t have to pay any fees for solicitor’s services upfront or during the continuation of your claim. 

Additionally, you pay a success fee out of your compensation in successful cases. The amount your solicitor can take is capped by law. In cases that aren’t successful, you are not required to pay the success fee.

You can speak with an advisor today for more information on how a No Win No Fee solicitor from our panel could help you pursue compensation for a back injury in a car accident claim.

Get Advice On Making A Back Injury Car Accident Claim

If you still have any questions about whether you could receive compensation for a back injury in a car accident claim, speak with a member of our team today. Our advisors can provide you with free legal advice regarding your specific claim.

You can contact us now by:

More Information On Making A Back Injury Car Accident Claim

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Speak to our advisors today if you are still unsure whether you can claim compensation for a back injury in a car accident claim.

Writer Megan Rush

Editor Meg McDonald