A back injury can have a long-term impact on your ability to perform the simplest everyday activities. This can affect every area of your personal and professional life and lower your overall quality of life.
If you’ve suffered a back injury that was caused because of somebody else’s fault, you may have a legal right to claim compensation. This is regardless of how or where the accident happened. The main criteria for winning any settlement is that the back injury should have been caused by a third party’s mistake or negligence.
Back Injuries That May Warrant A Compensation Claim
There are numerous situations that could result in a back injury. You could injure your back if you slip in the bathroom, while mowing your lawn or even while getting out of bed. Back injuries may also result from the general wear and tear that stems from ageing. However, none of these scenarios warrants a compensation claim as there was no third party involved. It’s critical to understand this difference.
You may be able to file a compensation claim if your back injury was caused under any of these circumstances:
- A road traffic accident that was due to the negligence of the other driver while you were driving a 4-wheeler, riding a motorbike or a cycle, or as a pedestrian
- Slips, trips, and falls that resulted from negligence in the workplace or any other public place including shopping centres, restaurants, supermarkets, parks, and pavements
- Lifting and carrying heavy objects and other manual handling tasks at work without the right equipment
- Fall from height while at work such as working atop a scaffolding, ladder, or roof without the appropriate safety net or personal protective equipment
- Faulty equipment at work, the gym, or any other public place
- Medical negligence wherein a wrong or late diagnosis, wrong treatment, birth injury, or surgical error resulted in your back injury
- Poor seating and desk height at work
In all of the above scenarios, the back injury resulted because the person who owed you a duty of care did not fulfil their legal obligation. Under such circumstances, the law makes provisions for back injury victims to receive compensation for their no-fault injuries.
Back Injuries That You Can Claim Compensation For
Back injuries can be temporary or permanent and can range from mild to serious. In very severe cases they can result in partial or total paralysis and even death.
Types of back injuries you can claim compensation for include but are not limited to:
- Whiplash injuries
- Compressed, severed or crushed spinal cord
- Fractured vertebrae or collarbone
- Broken ribs
- Lumbar, sacral or coccygeal nerve damage
- Slipped disc
- Injury to the vertebral column
- Ligament damage
- Cervical spinal injury
- Lower back injuries
- Muscle damage
- Misdiagnosed spinal tumour
- Paraplegia, quadriplegia or tetraplegia
- Spondylosis or work-related osteoarthritis of the spine
- Penetrating back injuries from machinery, tools, gunshot wounds, or knives
Any of these injuries can have devastating repercussions on all aspects of your life and limit your potential. These injuries often recur while carrying out simple daily chores and many require ongoing treatment and long-term rehabilitation.
While money cannot make up for the loss, it can help to ease the financial burden on you and your family. The first step towards winning the maximum compensation due to you is to get in touch with a personal injury lawyer.
Legal Representation For Back Injury Claims
Filing a back injury compensation claim is complex. You have to be able to prove without any debt that the defendant was responsible for the accident. Then you have to put together a watertight case that the defendant’s lawyers will find difficult to contest. This requires you to have expert knowledge of personal injury law.
Another obstacle is the 3-year time limit for filing back injury compensation claims. That means you have to do all the groundwork and file your claim while you’re injured. You cannot afford to wait. If you do and you miss the 3-year deadline, you may not be able to file your claim at all.
After all this, even if your claim is successful, you may not win the full amount of compensation that’s legally due to you.
How A Personal Injury Solicitor Can Help You
Personal injury solicitors specialise in this particular area of the law. They’ve handled several similar cases and know how to put together a strong claim with a high chance of winning. They will also reach out to their network of legal and medical experts to determine the maximum amount of compensation that you can claim for your injuries.
The personal injury solicitor you hire will also fund your claim on a No Win No Fee basis. Under a No Win No Fee arrangement, the lawyer waives their upfront fee and also agrees to cover all legal expenses pertaining to your claim. You don’t have to pay anything out of pocket or take any risks. This allows you to focus on your medical treatments and your personal and professional commitments.
Once you sign the No Win No Fee contract, the solicitor will get to work on your claim. As part of the agreement, you commit to paying the solicitor a percentage of the settlement on winning the claim. On the slim chance that the claim is not successful, you won’t have to pay the solicitor any fees.
Hiring a personal injury solicitor protects you financially while ensuring that your legal rights are safeguarded.
How Much Compensation Can You Expect To Win In A Back Injury Claim?
Compensation for back injuries varies depending on a number of different factors. Settlement is generally awarded under two categories. General damages refer to the settlement awarded for your pain and suffering. The extent and severity of your injuries will determine how much you’re awarded as general damages.
Special damages refer to the compensation awarded to make up for actual losses and expenses that are due to the accident. This includes the cost of medical treatment, mobility aids, and structural changes to your home and vehicle to accommodate your movement restrictions. It also takes into consideration loss of income if you are unable to resume work because of your back injuries.
