Have you suffered a slipped disc injury following an accident that wasn’t your fault? If so, you may have grounds for a compensation claim. But how can you proceed with a claim to ensure it has the best possible chances of succeeding?
This guide covers that question and many others as we take a closer look at compensation claims for slipped disc injuries. This includes an example case study to show how a slipped disc injury caused through negligence may be entitled to a compensation payout.
You can navigate through our guide by clicking on the relevant section below. However, if you would prefer to get in touch with us straight away to start your claim you can do so right away.
Choose A Section
- A Guide To Claiming Compensation Payouts For A Slipped Disc Injury
- Personal Injury Claims Time Limit
- What Is A Slipped Disc Injury?
- How Can You Suffer A Slipped Disc Injury At Work?
- Slipped Disc Injury In A Public Place
- How Can You Suffer A Slipped Disc Injury In A Road Traffic Accident?
- The Personal Injury Compensation Calculation Process For Victims
- What Are Special Damages?
- Case Study: £16,000 For A Slipped Disc Injury
- Our Friendly Team Can Provide Free Legal Advice
- No Win No Fee Claims Policies: Broken Down
- Consult With Our Experts For Free Legal Advice
- More Resources And Guides On Slipped Disc Injuries
- Slipped Disc FAQs
In this guide, we will cover many important areas of the claims process you may need to know about making a compensation claim for a slipped disc injury. We will look at the typical symptoms you may notice with a slipped disc and the average recovery times.
Next, we will look at the criteria for making a claim. This will include what constitutes negligence and what duty of care is owed to you in different circumstances.
Then, we break down some examples of accident scenarios featuring negligence which may form the foundation of a personal injury claim.
Our guide will also look at how compensation is calculated. We will also look at the different heads which make up your claim. We will also look at a case study examining a hypothetical slipped disc claim in detail. Towards the end of the guide, we will provide information on No Win No Fee agreements and cover some common questions about this kind of injury.
You have up to 3 years to claim after suffering or learning of you suffering a slipped disc injury through negligence For children or victims lacking mental capacity, somebody else could represent them as a litigation friend.
If, by the time a child turns 18 a claim hasn’t been made on their behalf, they then have until their 21st birthday to make a claim for themselves. The time limit for a personal injury claim will also restart if the victim regains the mental capacity to claim on their own behalf.
The vertebrae consist of 33 bones that make up the spinal column. The four regions of the spine are the cervical, thoracic, lumbar spine and sacral curve.
Because the spine is so delicate, there is soft tissue between each bone to keep the spine in check. This soft tissue is called spinal discs. A slipped disc injury occurs when a disc pushes out from between the vertebrae. This can cause a deformity in shape as well as reducing the mobility of the spine to a degree.
Not all slipped discs cause pain or reduced mobility. Many people may not even realise that they’ve slipped a disc However, if the soft tissue pushes on any nerves, then it can cause pain in the back and neck.
Other common symptoms of a slipped disc injury include numbness and tingling in the neck, back and limbs and issues with bending or straightening the back. You may also notice some muscle weakness. If the slipped disc pushes on the sciatic nerve then it may result in sciatica, which can cause pain in the hips, buttocks and legs.
In order to make a claim for a slipped disc injury, the accident that caused your injuries needs to have been the result of negligence on the part of a third party. So, to make a claim, you need to be able to show that:
- A third party owed you a duty of care
- This duty of care was breached which resulted in an accident taking place
- The accident resulted in you being injured
One scenario in which you’re owed a duty of care is in the workplace. The Health and Safety at Work etc. Act 1974 applies a duty of care on your employer has to keep you safe from harm.
To keep you as safe as can be expected your employer may opt to:
- Carry out risk assessments so that any risks to employee’s safety are removed or minimised
- Provide appropriate personal protective equipment
- Maintain good housekeeping in the workplace
- Deliver proper training to all employees
- Ensure that any machinery that needs to be used is safe and well-maintained.
If an employer neglects their duty of care to you by failing to adhere to the guidelines set out in the Health and Safety at Work etc. Act and you’re injured as a result, then you may be able to make a claim.
We are also owed a duty of care whilst in public places, such as shops, restaurants and bars. This is outlined in the Occupiers’ Liability Act 1957.
This act states that the occupier of a public place has a duty of care to members of the public who use the space for the purpose intended. While it doesn’t specify who the occupier of a space is, it does outline that it should be someone in control of the premises who could have reasonably predicted that the accident might have happened and who had the power to prevent it. In some cases, there may be more than one occupier of a public space.
An example of negligence in a public place could be someone slipping on a spill in a supermarket that wasn’t cleaned up or signposted and injuring their back in the fall. In this scenario, the person who fell and injured themselves may have grounds for a personal injury claim for compensation.
If you’d like to know more about claiming for a slipped disc injury in a public place, please don’t hesitate to get in touch with our team and we will be happy to offer free legal advice.
We can look to the Road Traffic Act 1988 for guidance when it comes to road safety. But when we look at the Highway Code, we can see that all road users are expected to adhere to the standards of skill and care of an ordinary driver. This means that no allowances are made for drivers who are inexperienced.
You may suffer from a slipped disc in a car accident due to the force of the crash on your spine. If this is the case, and you can show that the accident was caused by the negligence of someone else, then you may be able to make a claim for compensation for your injuries.
If you’d like more information on any of the accident scenarios outlined above, then you can get in touch with our team for more information.
Once it’s been established that the accident causing your injuries were the result of negligence, a personal injury solicitor can begin working on your claim. One important part of the claims process is a medical assessment. Here, a doctor will assess the extent and prognosis of your injuries. This assessment is important, as the medical report provided by the doctor will serve as the basis from which your compensation is calculated.
From there, a personal injury lawyer will refer to the Judicial College Guidelines in order to value your claim. These are guidelines that outline bracket compensation amounts applicable to certain injuries.
Online, you will find many websites offering personal injury compensation calculators. These offer to value your claim when you input information about your injuries. However, they may not give an accurate estimate as they simply don’t collect enough information. They generally only look at one part of the compensation.
You may be wondering what a compensation claim for injury following an accident caused by the negligence of a third party will cover. A personal injury compensation claim is made up of two heads; general damages and special damages.
General damages are the values that the Judicial College Guidelines cover. They will compensate you for the pain and suffering that your injuries have caused. The value of these general damages will depend on the kind of injury you’ve sustained, how severe your injuries are and how long they’re likely to affect your quality of life.
Please read on to find out more about the special damages head of a compensation claim.
Special damages will compensate you for any financial losses that you’ve incurred as a result of your injuries. They can include:
- Any lost earnings due to you being unable to work. This can also include future losses if your injuries stop you from being able to return to work.
- Medical costs, including prescription costs and the cost of any treatment or therapy that isn’t available on the NHS.
- Any travel expenses.
- In-home care costs if your injury has led to you needing help with daily activities around the house.
It’s really important that you provide evidence of any special damages in order for them to be included in your claim. Keep hold of any bills or receipts to help ensure that you get the maximum amount of compensation you’re owed.
This list of special damages is by no means extensive. If you’ve experienced a financial loss that isn’t included above, it may still be able to be included. Just get in touch with our team today to find out more.
Mr McKinlay, 50, worked at a supermarket as a shop assistant. One day, a manager on duty requested that he move a box from the stockroom to the shop floor.
Mr McKinley expressed concern as the box was very heavy and large. He explained to his manager that there was a trolley that was usually used to transport items of this size from the shop floor. The manager advised that the trolley was currently being used to unload items from a delivery van and that it was important for the stock to be moved to the floor right away.
Against his better judgement, Mr McKinlay went to the stockroom to move the heavy box. He hand never had any manual handling training. As he lifted the box, he felt a sharp pain in his lower back. The muscles in his legs felt weak, and he found that it was difficult and painful to bend his back.
Mr McKinley reported the accident to his manager and made sure that it was included in the accident book. He spoke to another employee who had been there while Mr McKinley expressed his concerns about lifting the load to the manager. She agreed to provide a witness statement as to what had happened if needed.
Later that night, the pain in his back hadn’t subsided, and Mr McKinlay began to grow more concerned. He went to the A&E department at his local hospital and was diagnosed with a slipped disc injury in his lower back.
The aftermath of the accident
This situation proved very frustrating to Mr McKinley. Not only was he set to lose out on six weeks worth of earnings, but he would no longer be eligible for the £750 attendance bonus available in his workplace.
Furthermore, the pain in his lower back and legs made it impossible for him to drive safely. This meant that he had to pay taxi fares to get around while he recovered from his injuries. He also had to hire a cleaner to come once a week and help with the household chores he was unable to do.
After four weeks, Mr McKinley hadn’t noticed much improvement in his condition. He went to his GP, who recommended a course of physiotherapy. After the initial sessions available on the NHS, he had noticed some improvement. Because of this, he decided to pay for additional sessions privately.
Mr McKinlay spoke to a personal injury solicitor, who advised him that he had grounds to make a claim. His colleague corroborated his version of events, and it was clear that his employer was in breach of their duty of care. Mr McKinlay received a compensation settlement of £16,000, with £12,230 being general damages and £4,270 being special damages. The special damages associated with the claim are broken down in the table below.
|Type Of Special Damages||Includes:||How Much?|
|Lost earnings||Lost earnings from being unable to work||£2,100|
|Loss of bonus||Mr McKinley was no longer eligible for the attendance bonus available through his work||£750|
|Medical costs||Costs of prescriptions for painkillers and private physiotherapy sessions||£470|
|Transport costs||Costs of using taxis||£150|
|Household assistance||The cost of a cleaner and gardener to come to his home||£300|
We should point out that this is an example claim that is based on our past experience of valuing and dealing with compensation claims. Not based on an actual case.
After reading the case study, you should have a clearer idea of what to expect from the claims process. But you may still have some questions before you go ahead with a compensation case for your slipped disc injury.
This is why we provide free legal advice with no obligation to make a claim. We’ll be happy to answer any questions you have regarding claiming for a slipped disc injury.
What’s more, our team can provide an initial estimate of what your slipped disc injury could generate in compensation if it’s successful. Contact us today to receive your consultation at no charge.
Many of us have heard the term No Win No Fee used in relation to personal injury claims. But what does this mean for your slipped disc injury compensation case? And how could you benefit from a No Win No Fee agreement?
If you decide to pursue a compensation claim with a No Win No Fee solicitor, then this means that:
- You don’t pay any legal fees to your personal injury solicitor up-front or while your claim is ongoing.
- If your claim isn’t successful, you don’t pay anything to your No Win No Fee solicitor at all.
- You’ll only be asked to pay your solicitor’s fees in the event that your claim is successful. A legally capped success fee will be deducted from your compensation to cover their costs.
If you’re offered a No Win No Fee agreement by a personal injury solicitor, it’s a good indicator that they are confident that your claim has a good chance of success. This is because they won’t recover any of their legal fees in the event that it is not.
If you’d like to find out more about making a claim for a slipped disc injury, then please don’t hesitate to get in touch with our team. We’ll be happy to offer you help and advice.
After reading this guide, you may wish to speak with our friendly team about claiming for your own slipped disc injury. If that’s the case, then we’re available for a conversation at any time on any day.
Our advisors work 24/7. If you decide to pursue a claim, you’ll be connected with one of our panel of personal injury solicitors. On that note, you’re under no obligation to make a claim just because you have contacted us. Only once you’re 100% behind the decision to take legal action will the claims process commence.
If you are ready to start a claim or would just like more information, you can get in touch by calling us on 0161 696 9685. You can also fill out our online form or, to receive an instant response from one of our team, simply use our Live Chat feature at the bottom right of this page.
You may still have questions relating to making personal injury claims or about slipped disc injuries in general. If so, you may find the links below of use.
Claiming after a car accident– Have you suffered a slipped disc injury after being involved in an accident on the road? If so, this guide could help you start a claim.
How is personal injury compensation calculated?– If you have any questions about how personal injury claims are calculated, this guide could answer them for you.
Claims against a local authority or council– If you’ve been injured in a public place such as a park, you may be entitled to make a claim for compensation against a local authority. Read our guide to find out more.
NHS slipped disc guide– A guide from the NHS about slipped discs, including information on treatment, symptoms and how you can aid your recovery.
Manual handling at work- On this page, HSE look at how the risks of manual handling in the workplace can be reduced.
The Highway Code– The Highway Code outlines the steps you should be taking to ensure your safety and the safety of others while on the road.
What is the typical feeling of having a slipped disc injury?
There is often pain, numbness and tingling within the nerves most impacted by the slipped disc injury.
Can you still walk with a slipped disc injury?
A slipped disc may cause some pain and difficulty walking.
How painful can a slipped disc injury be?
A slipped disc injury may prove very painful, particularly if it presses on the nerves of the spine.
What is the recovery time for a slipped disc injury?
In most cases, you’re looking at a recuperation period of approximately 4-6 weeks. However, in serious cases, this could be longer.
Thank you for reading our guide on slipped disc injury claims.
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