How To Claim For A Back Injury In A Car Accident
This guide will discuss whether you can claim for a back injury after a car accident. It will provide examples of the types of car accidents that could cause a back injury and the factors that could affect the amount of compensation you could potentially be awarded.
All road users owe one another a duty of care not to cause an avoidable accident on the road. If you have been injured in a road traffic accident caused by a road user breaching this said duty, you could be eligible to make a personal injury claim.
Read on to learn more about how to claim personal injury compensation for an injured back. Alternatively, you can get in touch with our advisers to discuss your specific circumstances and the merit of your potential claim. Contact us by:
- Calling us at 0161 696 9685
- Contacting us via the live chat feature below
- Filling in our online contact form with your query
Select A Section
- Types Of Back Injury Caused By A Car Accident
- Aggravation Of Pre-Existing Conditions
- How To Prove Your Claim For A Back Injury In A Car Accident
- How To Claim For A Back Injury In A Car Accident
- How Much For A Back Injury In A Car Accident Could You Claim?
- Discuss Your Claim For A Back Injury In A Car Accident With Our Team
Types Of Back Injury Caused By A Car Accident
Back injuries could range in severity from sprains that may heal quickly to life-long and permanently disabling damage. When making a claim for a back injury caused in a car accident, if your case is successful, your personal injury compensation will reflect the severity of the injuries you sustained
If you find yourself asking, ‘can you get a back injury from a car accident?’ the answer is yes, you can. Just a few of the injuries you could suffer are:
- Whiplash
- Strains and sprains
- Spinal cord injury
- Nerve damage
- Traumatic brain injury
- Vertebral fractures
- Soft tissue injuries
If you’ve been in a traffic accident, it’s important to seek medical care. A doctor or nurse may address your concerns about how long back pain after a car accident could last, as well as how to know if your back injury is serious. They can tell you what symptoms to watch for after a car accident.
Aggravation Of Pre-Existing Conditions
Something to keep in mind when considering making a claim for a back injury after a car accident is the possibility of new injuries aggravating pre-existing conditions. You may still claim personal injury compensation if you were in a car accident that worsened a previous injury.
To illustrate, it’s possible that you sprained your back at work years ago, which led to minor, recurring back pain. If you are then in a car accident that exacerbates this former injury, then you can be compensated for the pain and symptoms that have resulted from the pre-existing injury being made worse.
This is called the ‘thin shell rule’. If you feel this may apply to your circumstances, get in touch with our advisers for more information about the road traffic accident claims process.
How To Prove Your Claim For A Back Injury In A Car Accident
In order to bring a successful claim, you must be able to show that three factors are true:
- A road user owed you duty of care. The Road Traffic Act 1988 establishes the duty of care that is owed on the road, so this can be quite straightforward to show. In a similar vein, the Highway Code contains guidance on good road conduct, some of which is backed up by law.
- A road user did not uphold the duty of care they owed you.
- As a result of this breach of duty, you were injured.
- You are within the allowed time limit on personal injury claims.
In addition to establishing the above factors, you will need to provide evidence to show how the accident occurred. It can be useful for establishing liability if it is known that the accident involved:
- A side impact
- A rear-end collision
- A head-on collision
- Merging traffic
- Crossing a junction
It is a good idea, if possible and safe, to do so to capture images of the scene of the accident. Further in this guide, we also talk about other evidence that could help to support your case.
To learn more about how to prove your claim for a back injury In a car accident, contact our advisers. They can provide information about your eligibility to make a personal injury claim.
How To Claim For A Back Injury In A Car Accident
After a car accident, there are a few steps you can take that may help you make a personal injury claim. First, you can gather evidence. This can include:
- Taking photographs of the accident before any vehicles are moved.
- Exchanging information with the other road users involved in the accident.
- Noting the contact details for anyone who witnessed the incident.
- Attempting to find CCTV or dashcam footage of the accident.
- Seeking medical care. Medical reports can be valuable sources of information when making a claim.
Another important step is to begin your claim while still within the allowed time limit. To claim for a back injury in a car accident, the time limits are:
- 3 years from the accident date
- 3 years from your knowledge, the injury stemmed from negligence
- 3 years from a child’s 18th birthday
- 3 years from the date a person regains the mental capacity to begin a claim
To learn more about how long after a traffic accident you can claim and your rights in a car accident, get in touch with our advisers today.
How Much For A Back Injury In A Car Accident Could You Claim?
The amount of compensation you could claim for your back injury depends on its severity. A permanent injury that causes significant mobility issues is likely to be worth more than a sprain or strain lasting a few weeks.
Rather than a personal injury calculator, we’ve included a table of compensation brackets from the Judicial College Guidelines, a document solicitors usually refer to when assessing how much an injury may be worth.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Severe Back Injuries (a) (i) | £91,090 to £160,980 | Severe damage to spinal cord and nerves. Pain and disability with some paralysis and impaired organ function |
| Severe Back Injuries (a) (ii) | £74,160 to £88,430 | Damage to the nerves that results in loss of sensation and function |
| Severe Back Injuries (a) (iii) | £38,780 to £69,730 | Damage that leads to ongoing conditions as well as severe pain and mobility problems |
| Moderate Back Injuries (b) (i) | £27,760 to £38,780 | Fractures to the spine, prolapsed dicscs, or similar; leading to continuous pain and/or reduced mobility |
| Moderate Back Injuries (b) (ii) | £12,510 to £27,760 | Damage to the ligament, muscles or soft tissues that lead to back pain or exacerbation of previous problem |
| Severe Neck Injuries (a) (i) | In the region of £148,330 | Severe headaches, incomplete paraplegia or spastic quadriparesis |
| Severe Neck Injuries (a) (ii) | £65,740 to £130,930 | Serious damage to the spinal discs; substantial loss of movement or function |
| Severe Shoulder Injury (a) | £19,200 to £48,030 | Serious brachial plexus injuries causing significant neck symptoms. |
| Serious Shoulder Injury (b) | £12,770 to £19,200 | Dislocation of the joint and damage to the brachial plexus. |
| Moderate Shoulder Injury (c) | £7,890 to £12,770 | Frozen shoulder with limited movement and prolonged discomfort. |
A set of rules known as the Whiplash Injury Regulations 2021 introduced a tariff system for whiplash and psychological injuries that last less than 2 years. Therefore if your back injury is due to whiplash, your compensation may be calculated differently. Also, the Whiplash Reform Program means that injuries worth less than £5,000 and personal injury claims with a total value of less than £10,000 must now be made through an official online portal. However, this is only if you are a driver or passenger of a vehicle.
If you have more questions about how you should begin a personal injury claim for a back injury in a car accident, get in touch with our team of advisers. They can answer your questions and offer an opinion about the validity of your claim.
Discuss Your Claim For A Back Injury In A Car Accident With Our Team
You may find the process of making a personal injury claim easier with the help of a solicitor. However, you might be worried about the cost of hiring legal help.
If you contact our advisers and they feel your claim is valid, they may put you in touch with one of the solicitors from our panel, who may then offer you a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). Under the terms of this agreement, you won’t have to pay any upfront fees.
Instead, you only pay a small percentage of your compensation amount if your claim is successful. This amount is capped by law and is a percentage of your compensation instead of a flat fee.
For more information about your potential claim for a back injury in a car accident, contact us today by:
- Calling us at 0161 696 9685
- Contacting us via the live chat feature below
- Filling in our online contact form with your query
Read More About Back Injury Claims
Some more information about personal injury claims:
Payout For A Broken Neck – Information about claiming personal injury compensation for a broken neck
Child Hit By A Car – A guide for claiming on behalf of your child after they’ve been hit by a car
Snow And Ice – More information about car accidents that occur due to snow and ice
- Car Accident Claim Solicitors – How To Claim
- How To Make A Taxi Passenger Accident Claim
- Fatal Car Accident Claims
- How To Claim For A Hit And Run Car Accident
- How Long Do Car Accident Personal Injury Claims Take?
- How Are MIB Claim Amounts Calculated?
External resources that may be of use:
Brake – A charity concerned with those affected by road traffic accidents
Reporting Car Accidents – Official resource on how and when to report car accidents
Whiplash – NHS information about whiplash injuries to the neck
We hope this guide about how to claim for a back injury in a car accident has been useful. If you’d like more information, contact us using the information below.