By Jo Anderson. Last Updated 1st February 2024. In this guide, we will explore when you could claim compensation for a spinal injury by looking at the eligibility criteria that need to be met and the time limits that must be adhered to A back injury can have a range of consequences and negative effects on your life. In the sections below, you can find information on how back injury compensation payouts are calculated and what they could consist of following a successful claim.
Additionally, we explore the duty of care that certain parties owe and provide examples of how a breach of this duty could lead to you sustaining a spinal injury in an accident.,
Finally, we provide information on how one of our No Win No Fee solicitors could assist you in making a spine injury compensation claim. Please read on to find out more, or contact an advisor for a free to start your free consultation:
- Call 0800 074 8801
- Contact us online.
- Live chat with an expert
Spinal injury claims
Select a section
- What Is The Average Payout For A Spinal Injury?
- Back Injury Claims – Who Is Eligible To Claim?
- How Long Do I Have To Make A Spinal Injury Claim?
- Do I Need Evidence To Make A Spinal Injury Claim?
- Compensation For A Spinal Injury – No Win No Fee Solicitors
What Is The Average Payout For A Spinal Injury?
Successful spinal injury claims will include compensation for the suffering and pain you’ve endured due to your injury. This is compensated for under the head of claim called general damages.
For those calculating general damages for injuries to the spine, the Judicial College Guidelines (JCG) could be helpful. The JCG is a publication which lists guideline compensation brackets for various injuries at different severities.
Below, the table contains figures from the 2022 publication of the JCG, apart from the top entry. However, this table should only be used as guidance. Your compensation would depend on the unique factors associated with your claim.
| Type of injury | Notes | Amount |
|---|---|---|
| Multiple Severe Injuries With Financial Losses | Resulting in severe pain and suffering and financial losses, such as lost wages and care costs. | Up to £1,000,000+ |
| Tetraplegia (/Quadriplegia) (A) | The higher end of this bracket is applicable to cases where the person experiences physical pain, and there has been a serious impact on communication skills and the senses. | £324,600 to £403,990 |
| Paraplegia(b) | Various factors will affect how much is awarded, such as extent of pain, depression and life expectancy. | £219,070 to £284,260 |
| Back Injury | Severe (i) - The spinal cord and nerve roots have been damaged which lead to serious consequences with severe pain. | £91,090 to £160,980 |
| Back Injury | Severe (ii) - Loss of sensation, sexual difficulties and impaired mobility due to nerve root damage. | £74,160 to £88,430 |
| Back Injury | Severe (iii) - Disc fractures or lesions that cause impaired agility and severe pain despite treatment (usually surgery). | £38,780 to £69,730 |
| Back Injury | Moderate (i) - Crush or compression fractures to the lumbar vertebrae that causes constant pain with a risk of osteoarthritis. | £27,760 to £38,780 |
| Back Injury | Moderate (ii) - Disturbed muscles and ligaments that cause backache. Also includes injuries that accelerate a pre-existing condition by 5+ years. | £12,510 to £27,760 |
| Neck injury | Severe (ii) - A neck injury that involves damage to the cervical spine discs and causes considerable disabilities. | £65,740 to £130,930 |
Additionally, you could receive compensation under another head of claim; special damages. This compensates you for financial costs and losses caused by your injuries. Examples could include:
- Loss of income – If you have been unable to work due to your injuries, you may have lost out on your usual income.
- Care costs – If you have needed to pay for home care services because you were unable to perform usual daily tasks, such as washing or dressing, for example.
- Medical costs – These could include prescription charges, or mobility equipment, for example.
- Travel expenses – If you have needed to pay for transport to get to hospital appointments, for example.
You would, however, need to support any claim for special damages with evidence that the costs and losses incurred directly resulted from your injuries. Payslips and bank statements could be useful in supporting such a claim.
If you have further questions about compensation payouts for spinal injuries, or you’d like a personalised estimate of your compensation, please contact an advisor.
Back Injury Claims – Who Is Eligible To Claim?
No matter where or how you suffered your injury, all back injury claims must meet the following criteria:
- You were owed a duty of care.
- This duty of care was breached.
- As a result, you were injured in an accident.
You are owed a duty of care in various places. In the workplace, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. It states that your employer must take all reasonably practicable steps to keep you safe whilst in the workplace.
The Occupiers’ Liability Act 1957 states that anyone who is in control of a public space must take steps to ensure the reasonable safety of that space safe for members of the public to use. This is their duty of care to you.
You are also owed a duty of care whilst on the road. All road users must follow the rules and obligations that are set out for them in the Highway Code and the Road Traffic Act 1988. If another road user were to act recklessly whilst on the road, this could cause an accident where you could become injured.
If you have suffered a spine injury, our solicitors could help you with your claim. They have years of knowledge and experience handling various personal injury claims.
Contact our advisors today to learn more about spinal cord injury claims. If one of our advisors believes that you may be eligible for compensation, they could connect you to our solicitors.
How Long Do I Have To Make A Spinal Injury Claim?
If you are eligible to claim compensation for a spinal injury, you would need to start your personal injury claim within three years of the date of the accident that caused it. This time limit is set out under the Limitation Act 1980.
However, there are certain exceptions to this limitation period. In caseswhere a child has been injured, the limitation period would pause until they became an adult. They would then have three years to start a claim from their 18th birthday. Alternatively, prior to their 18th birthday, a litigation friend could start a claim on their behalf.
In cases where someone lacks the mental capacity to make their own claim, the limitation period would freeze permanently. During this period, a litigation friend could make a claim on the person’s behalf. Should they regain this mental capacity, they will have three years to start a claim, if one was not already made.
To learn more about time limits for making a spinal injury compensation claim, or to check the eligibility of your claim, please contact an advisor.
Do I Need Evidence To Make A Spinal Injury Claim?
When making a personal injury claim for spine injury compensation, you’ll need to provide evidence that can highlight your injuries and who was liable for them.
Examples of evidence that could support your spinal injury claim include:
- CCTV footage showing the accident that caused your injury.
- Medical records that can prove you have sustained injuries.
- Photographs of your visible injuries and the accident scene.
- The contact details of witnesses to your accident.
- A diary detailing the symptoms of your injuries
Contact our advisors today to see if you could be eligible to work with one of our solicitors for your spine injury claim. If they agree to take on your case, they could help you with gathering evidence.
Compensation For A Spinal Injury – No Win No Fee Solicitors
When making a spinal injury claim, you might want to consider being legally represented. Our solicitors have years of experience handling personal injury claims. They could help you with your spine injury claim by helping you gather evidence and handling all aspects of the case.
One of our solicitors may offer to represent you with a No Win No Fee agreement. A No Win No Fee solicitor could offer you a Conditional Fee Agreement. This could mean:
- Not having to pay anything upfront to your solicitor for them to begin working on your case.
- Not having to pay your solicitor for their services if the claim fails.
- Paying your solicitor a success fee out of your compensation for your spinal injury if the case is successful. This success fee is capped by law.
Contact our advisors today for more information about making a spinal cord injury claim with a No Win No Fee agreement.
If you want to start the claims process of claiming compensation for spinal injury, then call Accident Claims UK today on 0800 073 8801 and speak to a member of our friendly and helpful team. Alternatively, you can email us about your spinal injury claims on office@accidentclaims.co.uk or fill out our contact form on our website, and a dedicated case handler will call you to discuss your spinal injury compensation claims.
Helpful links Relating To Spinal Injury Claims And Spinal Cord Injury Claims
- Understanding spinal cord injury
- NHS Spinal cord information
- Whiplash Payout Scale Claims Guide
- Back Injury At Work Claims
- How much Compensation For A Broken Bone?
Thank you for reading our guide on spinal injury claims. We hope you have learned a lot about how to make a claim for a spinal injury. But please get in touch if you have any further questions regarding spinal injury compensation payouts for UK claims.
