In this guide, we’ll look at what you need to know about making a broken back claim. Suffering from a broken back can have a severe impact on your quality of life, and recovery can be complicated.
Broken back claim
You might have broken your back after being involved in an accident at work, in public or in an RTA. If your accident was caused by someone else’s negligence, you might be entitled to make a broken back claim.
Our guide below will help you in the process of claiming compensation and give you all the information you need to pursue a claim. If you’d like to take advantage of more free legal advice, then you can get in touch with our personal injury claims team. They can be reached by calling 0161 696 9685, filling out our online form or using the chat feature at the bottom right of this screen.
Select a Section
- A Guide To Claiming Compensation For A Broken Back Injury
- What Is A Vertebral Injury?
- Can You Make A Broken Back Claim For An Injury At Work?
- Injury In A Public Place Broken Back Claim
- What Happens In A Road Traffic Accident Broken Back Claim?
- Personal Injury Compensation Is Calculated By Experts
- What Are Special Damages?
- Case Study: £800,000 For A Broken Back Claim
- Get Free Legal Advice For Your Case’s Value
- How Does A No Win No Fee Broken Back Claim Work?
- Our Expert Team Can Offer Free Legal Advice
- More Resources And Guides On Back Injuries
- Broken Back Claim FAQs
A Guide To Claiming Compensation For A Broken Back Injury
Recovering from an accident that’s left you with a back injury can be inconvenient and expensive. And when the accident wasn’t your fault, it can seem unfair that you have to shoulder the cost of getting better yourself.
Making a personal injury compensation claim can help you recover costs that you’ve incurred as a result of the injury. This guide will talk you through what a personal injury settlement consists of, and what you need to do to start a claim.
We’ll also look at who has a responsibility to keep you safe in various situations. Whether you’ve been injured in work, on the road or in a public space, our guide will outline who has a duty of care to you and how to spot a breach of duty.
It’s often tempting when considering making a compensation claim to search online for things like “What is the average payout for a back injury?”. If this is the case for you, then read on to find out how your claim is valued and what can be included in your claim.
What Is A Vertebral Injury?
A vertebral fracture is when one of the bones of your spine is broken. Usually, if you’ve fractured your back you’ll experience severe pain at the site of the injury. However, you might feel some numbness if the broken bone is compressing some of the nerves in your spinal cord.
Many spinal fractures, particularly minor ones, are able to be healed without surgery. If this is the case you’ll usually have to wear a neck or back brace as the injury heals.
Surgical treatments
If the fracture to your vertebrae is unstable, meaning that the bones are no longer aligned with one another, then surgery will probably be used to treat it. This is because the broken vertebrae pose a risk of causing damage to the spinal cord.
Vertebroplasty is one of the surgical options available for fractured vertebrae and involves injecting a liquid cement into your broken vertebrae.
Kyphoplasty is similar to vertebroplasty but involves a balloon being inserted into the spine, which is then inflated to create a cavity. The balloon is then removed and cement is injected into the cavity.
If your fracture affects your lower back, and non-surgical treatments haven’t worked, then you may be offered lumbar decompression surgery. This can involve removing a section of bone from the vertebrae, removing a section of disc to relieve pressure on a nerve, or the fusing together of two or more vertebrae to strengthen the spine. Sometimes, a combination of these techniques might be used.
Can You Make A Broken Back Claim For An Injury At Work?
In 2019/20, 693,000 workers in Great Britain were injured at work according to the Labour Force Survey. You might not anticipate being involved in an accident at work. But it’s important to know how to proceed if you’ve been injured because of employer negligence.
The majority of workplace accidents take the form of slips, trips and falls, which accounted for 29% of workplace accidents. If we include falls from a height, this figure rises to 37%. Tripping and falling can result in a broken back. This is especially true if you fall backwards and aren’t able to break your fall. If you’ve slipped or fallen in the workplace because of someone else’s negligence and injured your back as a result, you might be able to make a work accident claim.
You might be put off the idea of making an accident at work claim because you don’t want your employer to have to pay out for your injuries. But you shouldn’t let this stop you from making an injury at work claim. The Employer’s Liability Act 1969 requires your employer to have insurance for claims made for accidents at work, meaning they’re covered in the event that you make an injury at work claim.
What Is An Employers Duty Of Care?
The duty of care that your employer has to you is outlined in the Health and Safety At Work etc Act 1974. This outlines the responsibility your employer has to take reasonable steps to ensure your safety in the workplace.
Section 2 of the Act tells you what you should expect your employer to do to ensure your safety while working. This includes:
- Ensuring that any equipment is well maintained and safe to use
- Training employees
- Making sure that good housekeeping is maintained, including keeping all walkways free of obstructions
- Undertaking regular risk assessments so that any risks to you and your colleagues can be removed or minimised
How Can My Employer Breach Their Duty Of Care?
If you’ve been injured in a workplace accident that occurred because your employer didn’t take the proper precautions to ensure your safety, then they’re in breach of their duty of care. This means that you could be entitled to make a work accident claim.
Your employer has a responsibility to make sure that you and your colleagues are trained for the role you were hired to do. Perhaps you were injured by someone operating a piece of equipment that they hadn’t been properly trained to use, and you’ve broken your back as a result. If this is the case, you could make an accident at work claim.
It’s really important that you collect as much evidence as possible following the accident. You should always report any accidents in your company’s accident book. If possible, you should get photographs of the cause of the accident.
Instead of relying on online searches for things like “back injury at work compensation amount UK”, you can take advantage of free legal advice by getting in touch with our team today.
Injury In A Public Place Broken Back Claim
Nobody expects to be injured while out and about in public. And when an injury in a public place results in a broken back, the effects can have a real impact on you as you heal.
The person in control of the space has a duty of care to make sure that it’s fit for your use. This will change depending on what kind of space it is. For example, a business owner or landlord might be in control of a supermarket or gym, where a beach or park is controlled by a local authority.
The Duty Of Care Of Those In Control Of Public Spaces
The duty of care owed to us while we’re in a public space is outlined in the Occupier’s Liability Act 1957. It tells us that the person in control of the space, or the “occupier”, is responsible for making sure that the space is fit for you to use.
The occupier should be someone who was reasonably able to predict that the accident might have happened, and who had the ability to take steps to prevent it.
How Can This Duty Be Breached?
Accidents in a public place that happen as the result of a breach of duty can take a variety of forms. You could be involved in a slip or trip in a public place like a shop or restaurant. If the slip or trip was caused by a spill that someone failed to clean up or signpost, this could be grounds for a public liability claim.
Being injured in a park could also be grounds for a public liability claim. This would be the case if you’ve been injured because some equipment was faulty or poorly maintained. If you’ve been involved in an accident like this, and the result was a broken back, then you might be entitled to claim compensation.
For more free legal advice, or to chat with someone about starting your claim, get in touch with our team today.
What Happens In A Road Traffic Accident Broken Back Claim?
Being in a road traffic accident is never pleasant. As well as the interruption to your journey, there’s also the issue of possible vehicle repairs to deal with. But when you’re involved in an RTA and the result is a broken back, you’ll probably find that dealing with your injuries is the most pressing issue.
Crashing your car could cause you to suffer from a break in your back, especially if the impact is head-on or if you’re struck from behind. These kinds of crashes will force your body into your seat, seatbelt or airbag and this impact could be enough to fracture your spine.
Drivers aren’t the only road users who are susceptible to a broken back in a road traffic accident. Vulnerable road users, so-called because they don’t have the protection a vehicle offers in a crash, were injured at a rate of 11,582 per billion miles travelled in 2019. This group includes motorcyclists, cyclists and pedestrians.
Duty Of Care Of Road Users
Travelling on the road can be dangerous, so it makes sense that all road users are responsible for their own safety and the safety of those around them. The Highway Code tells us that all road users have a duty of care to ensure everyone’s safety.
All road users must adhere to the standard of skill and care of the average motorist. There are no allowances made for inexperienced drivers. The duty of care is the same whether you’ve been driving for years or are behind the wheel for the first time.
How Can A Road User Breach Their Duty Of Care?
A breach of duty of care on the road can easily result in a road traffic accident. If someone makes a careless or dangerous decision while driving and you suffer from a broken back as a result, you might be able to make a car accident claim.
It’s the responsibility of every road user to make sure that they’re paying attention to the road. Failure to do so could cause a crash that results in serious injury. For example, someone using their phone while driving might not notice someone crossing the road, causing them to hit the pedestrian.
A distracted driver might also fail to keep the correct stopping distance and crash into the back of another vehicle. Any of these accidents could easily result in a broken back and lead to a car accident claim.
For more information about the average compensation for a back injury in a car accident, or take advantage of our free legal advice, then get in touch with our team today.
Personal Injury Compensation Is Calculated By Experts
When you’ve been injured, the recovery process can have a big impact on your quality of life for some time. This is especially true of a broken back, which can be painful and restrictive. So it follows that part of your broken back claim will compensate you for the pain, suffering and inconvenience that you’ve experienced.
This part of your claim is known as the general damages. It’s calculated based on what kind of injury you’ve sustained and how severe it is. It’ll also take into account any long-term effects the injury might leave you with.
This is why your solicitor if you choose to use one, will arrange for you to attend a medical assessment. A doctor will confirm that your injuries are a result of your accident and not a preexisting condition. The medical assessment will also confirm what you can expect in terms of long term recovery.
What Are Special Damages?
Special damages are the part of your claim that compensates you for any expenses you’ve incurred because of your injury. This includes loss of earnings for any time you’ve taken off work. It also covers future losses if your injury prevents you from returning to work at all. Special damages can also include travel to and from any hospital appointments or medication you’ve had to pay for.
If your injuries are particularly severe, then you might need to make some changes to your home to accommodate your needs. You may also need to hire a carer to help you. These kinds of costs will also be covered by special damages.
It’s really important that you provide as much evidence as possible for the costs you’ve incurred. Keep any bills, receipts and invoices so that everything can be included in your claim.
Case Study: £800,000 For A Broken Back Claim
Aiden’s Accident
Aiden was a 55-year-old veterinarian. He was walking home from work one afternoon and crossed the road at a pedestrian crossing. A car travelling over the speed limit failed to see Aiden and knocked into him as he was crossing.
Aiden was thrown onto his back in the road. Passers-by stopped to call an ambulance and waited with him for it to arrive. He noticed a lot of pain in his back and numbness and tingling in his legs.
At the hospital, it was confirmed that Aiden had suffered from fractures to his spine. The broken vertebrae had compressed his spinal cord.
Aiden underwent surgery to help stabilise his spine. Although this surgery didn’t reverse the damage to his spinal cord, it did relieve some of his pain.
After the surgery, Aiden was told that he was suffering from partial paralysis.
Because the accident in which he was injured wasn’t his fault, Aiden sought legal advice. He decided to make a claim for personal injury compensation.
Aftermath Of The Accident
Aiden was unable to return to his job as a veterinarian because of his injuries. He was confined to a wheelchair and had to have his wife look after him. He had lost control of his bladder and bowels and relied daily on painkillers and anti-spasm medication.
Aiden’s wife made adjustments to their home to accommodate Aiden’s injuries. This included a stairlift and a ramp at the front of the house. She also arranged for a carer to come in while she was at work.
Aiden underwent physiotherapy to regain some control. This physiotherapy lasted for just over a year.
Broken Back Claim Settlement
| Type Of Special Damages | Includes | How Much? |
|---|---|---|
| Travel Expenses | £530 | |
| Medications/Prescriptions | Motorised wheelchair and anti spasm medication, physiotherapy | £3,400 |
| Adaption To Property | Addition of stair lift and ramp | £5,000 |
| Additional Care | In-home carer for 6 days a week | £260,000 |
| Future Loss | Loss of earnings | £380,000 |
From the table above, we can see what special damages amounted to. When we add this to the general damages for Aiden’s injury we can see that his claim was settled for £800,000. The general damages figure is taken from the Judicial College Guidelines. Which is a publication of amount brackets to help solicitors value claims.
Aiden’s case is purely an example. It is based on past cases, it illustrates how accidents can happen and how they are settled.
Get Free Legal Advice For Your Case’s Value
When you’ve broken your back in an accident that wasn’t your fault, you may find yourself searching for things like “back injury at work compensation amount UK” to get a rough idea of how much your claim will be worth. But any valuation you get of your claim without providing further details is unlikely to be accurate.
When you speak to our team, we’ll chat with you about your case and get all the information we need to be able to value your claim. Get in touch with our knowledgeable advisers. They’ll be able to put you in touch with our panel of expert personal injury solicitors.
How Does A No Win No Fee Broken Back Claim Work?
No Win No Fee Agreements or Conditional Fee Agreements CFA’s as they are referred to also allows any claimant to use a solicitor for their case without paying an upfront fee. They also allow;
- If you aren’t successful in your claim, the solicitors won’t ask for any money to cover their costs
- If you do succeed in your claim, the solicitor’s costs will be covered by a legally capped success fee. This is taken from your compensation
To get more free legal advice on No Win No Fee agreements or to speak to someone about your claim, get in touch with our team today.
Our Expert Team Can Offer Free Legal Advice
If you’re interested in pursuing a broken back claim, or if you’d like more free legal advice, you can
- Call us on 0161 696 9685
- Write to us using our online form
- Use the live chat feature on the bottom right of this screen
More Resources And Guides On Back Injuries
- NHS Guide to lumbar decompression surgery
- Guide to car crash injury claims
- Making a successful personal injury claim
Broken Back Claim FAQs
How do you know if your back injury is serious?
A serious back injury might cause shortness of breath, severe pain or numbness in the arms, legs, hands or feet. You should seek immediate medical attention if you think you have broken your back.
How long does a broken back take to heal?
This will all depend on the severity of your injury and whether surgery is needed.
What happens if a back fracture isn’t treated?
If a fracture to your spine is left untreated then it could result in the bone failing to heal.
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Published by AL.