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By Cat Swift. Last Updated 16th February 2024. If you’d like to know how to claim compensation for a back injury but aren’t sure where to start, our guide may be able to help. In this article, we’ll explain who can make fractured vertebrae compensation claims, and what a duty of care is.
We also explore fractured vertebrae and back injury statistics, and discuss how compensation is calculated in personal injury claims. Since every claim is different and compensation is awarded on a case-by-case basis, we can’t provide an average amount; we can, however, provide more information on what your award could consist of if you make a successful claim.
Finally, we will discuss how a personal injury solicitor could help you with your case on a No Win No Fee basis. While you aren’t obligated to work with a legal professional, there are many benefits to accessing a solicitor’s services, which we’ll discuss later.
Our team of advisors can help if you have any questions about the fractured vertebrae compensation claims process, and could potentially connect you with one of our expert solicitors. Read on to learn more, or get started today by:
A spinal fracture is where one or more of the spine’s vertebrae is dislocated (fractured). It is an orthopaedic injury that can be caused by accidents involving high-velocity impact. Spinal fractures can occur in the cervical spine (neck), thoracic spine (back) or lumbar spine (lower back). The main types of vertebrae fractures include compression and axial burst fractures.
In terms of claiming fracture vertebrae compensation, you will need evidence that shows:
If you can demonstrate all of the above, then a solicitor may agree to represent you on a No Win No Fee basis. The evidence we listed earlier could be used to prove how the accident happened and what injuries were sustained, but how do you prove a duty of care existed? Well, it is usually established by different pieces of legislation.
For example, every road user owes each other a duty of care because of the Road Traffic Act 1988. Similarly, all employers have a duty of care towards their employees’ welfare because of the Health and Safety at Work etc. Act 1974.
You needn’t worry too much about what laws apply in your case though. If one of our solicitors agrees to take on your case, they’ll do the groundwork for you. Why not call today to learn more?
Let’s now take a look at some statistics relating to back injuries. In a report based on NHS and charity data, a charity that supports those with spinal injuries explained that:
The charity believes that more inclusive definitions of what constitutes a spinal cord injury contribute to these increased figures. They also believe that there are now better record keeping and reporting processes which explain the increased estimates too.
In the final part of the report, the charity explains that NHS data show it’s not just motorbike accidents, for example, that lead to spinal injuries. It says that paralysis caused by spinal injuries is now being recorded because of falls at home and the diagnosis of cancer and other illnesses.
To discuss fractured vertebrae compensation, why not reach out to our advisors for no-obligation, free legal advice?
There are two heads of compensation that you could claim for after suffering from broken vertebrae. The first of these is general damages, which is compensation that is aimed towards your injuries and the effect they will have on your day-to-day life.
When legal professionals, such as solicitors, value this head of your claim, they may refer to the Judicial College Guidelines (JCG). This is a document that offers guideline compensation amounts for a number of different injuries. In the table below, you can find some examples of these guidelines taken from the 16th edition of the JCG. Please only refer to them as a guide.
| Injury | Severity | Compensation Bracket | Additional Details |
|---|---|---|---|
| Neck | Severe (i) | In the region of £148,330 | Injuries that result in incomplete paraplegia or where the injured party has little or no neck movement after wearing a collar over a prolonged period for 24 hours a day. |
| Neck | Severe (ii) | £65,740 to £130,930 | Covers serious damage and fractures to the cervical spine that give rise to considerably severe disabilities. |
| Neck | Severe (iii) | £45,470 to £55,990 | For injuries that result in dislocations or fractures that cause chronic conditions and disabilities. |
| Back | Severe (i) | £91,090 to £160,980 | The most severe back injuries that cause damage to the nerve roots or spinal cord. They are likely to cause incomplete paralysis and severe pain. |
| Back | Severe (ii) | £74,160 to £88,430 | Injuries causing loss of sensation, impaired bladder and bowel function, impaired mobility and sexual difficulties. |
| Back | Severe (iii) | £38,780 to £69,730 | Fractures to the discs or disc lesions which cause continuing pain and disability despite treatment. |
The second head of compensation that you could pursue is special damages. This is compensation that is aimed towards the financial losses you suffered as a result of your injuries.
For example, if the vertebrae in your back are damaged, and you are paralysed, then you may need a wheelchair to get around. In this case, the cost of the wheelchair and other mobility aids could be recouped under special damages. However, you must be able to provide evidence of your losses in order to claim for them, such as with bank statements or invoices.
This heading can also help you claim back the cost of:
For more information on making a personal injury claim for a damaged vertebrae, or to receive a free valuation of your potential claim, you can contact our advisors.
If you are eligibile to claim compensation for fractured vertebrae, one of our personal injury solicitors could help. When you work with a solicitor, they can help you gather evidence to support your claim, explain any legal jargon you may not understand, and help you negotiate a settlement.
Our solicitors work on a No Win No Fee basis, and offer their work through a Conditional Fee Agreement (CFA). Generally, a No Win No Fee solicitor won’t ask you to pay any upfront or ongoing fees for their services. Likewise, if your fractured vertebrae claim fails, you won’t be asked to pay for their work on the case.
If you successfully make a claim, then your solicitor will be due a success fee. This fee is deducted from your compensation as a small percentage with a legal cap. The presence of this legal cap helps to make sure that you keep the majority of what you receive.
Our team are here to help. If you’d like to learn more about working with a solicitor, get in touch today. One of our advisors can offer you a free consultation, and if they find your claim to be valid, they may connect you with one of our expert solicitors. Get started now by:
In this section, we have provided a few links to resources and guides that might help if you do decide to claim fractured vertebrae compensation.
Guide by BH
Edited by RV
