How To Claim Compensation For A Back Injury After A Car Accident

By Jo Anderson. Last Updated 20th February 2024. In this guide, we discuss how to claim compensation for a back injury after a car accident. If you have been injured in a car accident caused by another party not adhering to their duty of care, you may be able to start a personal injury claim.

Within this guide, we will look to answer numerous frequently asked questions, such as the following:

  • What are the different types of back injuries?
  • How much compensation could I claim?
  • What is the personal injury claims time limit?
  • Are there benefits of using a No Win No Fee personal injury solicitor?
  • What amount could you receive from back injury compensation payouts in the UK?

Our advisors offer free legal advice 24/7 so, if you have any questions, such as wanting to know your claim eligibility, please contact us at a time that suits you using the below details.

Two cars following a crash.

Select A Section

  1. Can I Claim Compensation For A Back Injury After A Car Accident?
  2. How Long Do I Have To Claim For A Back Injury After A Car Accident?
  3. What Evidence Do I Need To Prove A Car Accident Caused My Back Injury?
  4. Examples Of Compensation For A Back Injury After A Car Accident
  5. Claim For A Back Injury After A Car Accident With Our No Win No Fee Lawyers

Can I Claim Compensation For A Back Injury After A Car Accident?

If you have been involved in a road traffic accident, you may be eligible to claim compensation for a back injury. However, for your back injury claim to be valid, you will need to prove the following:

  1. Another road user owed you a duty of care.
  2. This road user breached their duty of care.
  3. As a result, you were injured.

All road users have a duty of care and must ensure that they use the roads safely and responsibly. Additionally, they must follow the specific rules that are set out for them in the Highway Code and the Road Traffic Act 1988. If another motorist were to act recklessly whilst using the road, this could result in a car accident and injuries.

Throughout this guide, we will provide examples of how a road traffic accident could occur and the different types of back injuries you could suffer. Additionally, we will provide some examples of how much compensation you could be awarded following a successful claim.

Contact our team of advisors today to find out whether you could make a claim if you have suffered from lower back pain after a car accident. They could also offer you free legal advice and answer any of the questions you may have.

How Long Do I Have To Claim For A Back Injury After A Car Accident?

If you have suffered lower back pain after a car accident, compensation could be awarded if you start your claim within the time limit.

Typically, as per the Limitation Act 1980, you will have three years from the accident date to start a claim. However, if you were not immediately aware of any injuries, the time limit can begin three years from the ‘date of knowledge’. This is the date you became aware that you were injured due to the negligence of another road user. For example, after a car accident, lower back pain may not present itself immediately.

If a minor was injured in a car accident, or someone with limited mental capacity, the time limit can be suspended, as they cannot represent themselves in legal proceedings. However, a litigation friend can claim on their behalf during this suspended period. Once the claimant either turns 18 or regains mental capacity (if this occurs), they will have the usual 3 years to start a claim.

We would advise that you don’t wait until the end of the three-year timeframe before starting a claim. The sooner you start your claim, the easier it may be to collect relevant evidence.

Get in touch at any time to discuss car accident claims.

What Evidence Do I Need To Prove A Car Accident Caused My Back Injury?

Your back injury compensation claim will need to be supported with sufficient evidence. This needs to prove liability for your back injury. Here are a few examples of evidence that can help support a claim for compensation for a back injury after a car accident:

  • Police report. If the police attended the accident scene, you could submit a copy of their report.
  • Witness details so they can be contacted for statements further into the personal injury claims process.
  • Accident footage, such as from a dashcam can also be used to support your compensation claim.
  • Medical records. A copy of your medical records can show the nature of your spinal cord and back injury as well as what treatment you needed.
  • Photographs. These could be of damage to your vehicle or from the accident scene. Additionally, if you are claiming for visible injuries, or if your back injury caused bruising, you can also submit photos of your injuries.

If you would like free advice about gathering evidence to support your claim, please get in touch with a member of our advisory team.

How Can A Personal Injury Solicitor Help Me?

If you suffer an injury in a car accident, you might be eligible for back injury compensation. As stated above, you will need supporting evidence. Collecting evidence is only one step you are expected to follow. You may wish to appoint a solicitor specialising in road traffic accidents to support your back injury claim.

Depending on the value of your claim, you might have to go through the Whiplash Reform Programme, which we discuss later on. Your solicitor can help ensure that you are claiming in the correct manner.

In addition, if you aren’t claiming through the Whiplash Reforms, you will be expected to follow the Pre-Action Protocol. For example, you may be expected to notify the liable party of your intention to claim. A solicitor can help you with this step.

Call our advisors if you have suffered back pain after a car accident. They can assess the value of your claim as well as its feasibility. If it seems like it could succeed, they could put you in contact with one of our solicitors. Our solicitors typically offer their services under a No Win No Fee arrangement.

Examples Of Compensation For A Back Injury After A Car Accident

If your personal injury claim for back pain after a car accident is successful, you could receive a compensation payout that includes special and general damages.

Special damages is awarded to certain claimants, and would compensate you for costs and losses caused by your back injury. These could include:

  • Loss of earnings – If you have been unable to work and lost out on your usual earnings.
  • Travel costs – If you have had to pay to get to medical appointments or meet your lawyer.
  • Care costs – If you’ve had to have care at home due to your injuries, and this has come at a cost.
  • Medical costs – If you need to pay for prescription medicines or other medical costs not funded by the NHS.

General damages, on the other hand, compensate you for the suffering and pain caused by your injury and is awarded to all successful claimants.

Those calculating general damages for a back injury from a car accident could look to the Judicial College Guidelines (JCG) for assistance. The JCG is a publication that provides guideline payout amounts for a range of injuries at different severity levels. The table below contains figures from the 2022 edition of the JCG, aside from the first entry. Please only use it for guidance.

Type of Injury Description Amount of Compensation
Multiple serious injuries plus special damages Combinations of injuries leading to significant pain and suffering as well as financial losses such as care costs. Up to £1,000,000+
Tetraplegia/Quadriplegia The higher end of this bracket is applicable to cases where the person experiences physical pain and their ability to communicate has been affected. £324,600 to £403,990
Paraplegia Various factors will affect how much is awarded, such as the person’s age and life expectancy, extent of pain experienced and degree of independence. £219,070 to £284,260
Back Injury – Severe (i) This bracket will involve injuries that result in damage to the spinal cord and nerve roots, causing severe pain and disability causing symptoms like an impaired bladder and bowel. £91,090 to £160,980
Back Injury – Severe (ii) Features of these injuries include nerve root damage causing associated loss of sensation, sexual difficulties and significant scarring. £74,160 to £88,430
Back Injury – Severe (iii) Injuries in this bracket include lesions or fractures to spinal discs or soft tissue injuries causing chronic conditions where disabilities remain despite treatment. £38,780 to £69,730
Back Injury – Moderate (i) Injuries include crush.compression fractures of the lumbar vertebrae that cause constant pain and discomfort. £27,760 to £38,780
Back Injury – Moderate (ii) Injuries in this bracket include ligament and muscle disturbances leading to backache, soft tissue injuries causing acceleration or exacerbation of a pre-existing spinal condition. £12,510 to £27,760
Neck Injury – Severe (ii) Serious damage or fractures to the cervical spine discs that cause considerable disabilities. £65,740 to £130,930
Whiplash Tariff Whiplash with a psychological injury lasting longer than 18 months but not longer than 24 months. £4,345
Whiplash Tariff Whiplash that lasts longer than 18 months but recovery occurs within 2 years. £4,215

If you would like a personalised estimate of your compensation, please contact an advisor.

Will The Whiplash Reforms Influence My Payout?

The Whiplash Reform Programme brought about changes to the way certain claims are made for accidents on the road. They affect adult passengers and drivers of vehicles with whiplash and soft tissue injuries valued at £5,000 or less.

Whiplash and soft tissue injuries are valued in line with the tariff set out in the Whiplash Injury Regulations 2021. These apply to all occupants inside a vehicle. As such, the tariff may still apply even when a claim is not made via the government’s official portal.

Claim For A Back Injury After A Car Accident With A No Win No Fee Solicitor

If you are eligible to seek compensation for a back injury from a car accident, you may like to instruct a lawyer to work on your claim. One of our road traffic accident lawyers could help. Typically, they will use a Conditional Fee Agreement (CFA) to work on your case. This is a type of No Win No Fee arrangement.

When your lawyer works on your case under a CFA, they won’t charge you any upfront or ongoing fees for their work. Additionally, you won’t have to pay for their service if you are not awarded back injury compensation following an unsuccessful claim.

Your lawyer will take a success fee out of your compensation award is the outcome of your claim is successful. This fee is a legally limited percentage of your compensation.

To see if you are eligible to claim for a car accident back injury, please contact an advisor from our team. If your case seems eligible, they could connect you with one of our lawyers.

To speak to one of our advisors:

Useful Resources

For more useful information, please use the links below:

  • To know more about back pain treatment, visit this NHS webpage.
  • Want to discover more about the kinds of back exercises that could be helpful? If so, click here.
  • The Department for Transport provides road traffic accident statistics related to Great Britain. Click here to learn more.
  • Suffered a back injury at work? If so, visit this page on our website.
  • If you want to know about back injury claims, click here.
  • Has your back injury been misdiagnosed due to medical negligence? If so, to see if you can claim, click here.