You could be entitled to compensation if you suffer a broken back in an accident that wasn’t your fault. It is true that you would have to prove a third party who owed you a duty of care had breached this causing your accident. But do not worry if you are a little confused by this as this guide will explain the criteria in full. In this guide, we shall examine what goes into the process of making a claim for a broken back. In addition, this guide provides an example case study of a payout for a broken back injury. We’ll also be covering care claims, general damages and special damages, compensation calculators and No Win No Fee.
Meanwhile, you can speak to our specialist team about your broken back accident. They can assess your case for free. Call 0800 408 7826, use our Live Chat feature or complete our contact form. Remember that our advisors are accessible 24 hours a day, 7 days a week.
In the meantime, you can click any of the headings shown below.
Choose A Section
- A Guide To Making A Claim For A Borken Back
- Are There Different Vertebral Fractures?
- What Could I Lose Financially After A Back Fracture?
- You Could Also Receive Care Claim Compensation
- Our Experts Calculate Compensation Amounts
- Case Study: £2 Million Compensation Claim For A Broken Back
- Claim Your Free Compensation Estimate
- What Are No Win No Fee Agreements?
- Start Your Claim With High Quality Personal Injury Lawyers
- Contact Our Advisors
- Additional References
If you suffer a broken back, due to a third party neglecting their duty of care they have towards you, you could seek legal advice about how to make a compensation claim. This guide will go into detail about that topic by focusing on:
- The various vertebral fracture injuries
- The financial impact of a broken back
- Care claims
- General damages and special damages
- A case study of a £2 million compensation payout
- Compensation calculations
- No Win No Fee
There is a personal injury claims time limit. This means you would have 3 years to claim from when you suffered your broken back. However, the time limit can start later. This is if you are not knowledgeable of the injury or was not aware it was caused by negligence. The time limit would then begin from the date you gained knowledge. Meanwhile, for a child (someone aged under 18) or a victim who lacks the mental capacity to claim, a close relative or another appointed representative could act as their litigation friend. From there, the litigation friend could process the claim on their behalf. If no claim is made before the child turn 18 or the claimant regains their mental capabilities then once the child is 18 and the claimant capable of making their own claim the 3-year window begins.
To learn more, speak to our team of advisors today.
There are numerous types of vertebral fractures. Compression fractures occur when the vertebrae suffer an overload of pressure. A burst fracture is the result of major trauma, such as a car accident. Flexion-distraction fractures are associated with seat belt injuries in road traffic accidents. And a fracture-dislocation is where both a fracture and dislocation happen generally causing a very serious injury.
To successfully claim after a broken back caused by negligence, the following 3 criteria have to be met:
- You were owed a duty of care
- But that duty of care was breached, causing an accident
- And the result of that accident was you suffering fractured vertebrae
Who Has A Duty of Care
Here we are going to look at laws and guidelines that place a duty of care on different individuals in different environments. One is employer’s liability (EL). An employer could be liable if an employee is injured in the workplace due to their negligence. The Health and Safety at Work etc. Act 1974 emphasises how an employer should so far as reasonably possible uphold the health, safety and wellbeing of every employee. An accident at work could be due to a fall off a ladder, a slip on a liquid or a trip down a staircase. Not all accident causing injury will make a person eligible for compensation. Negligence must be the underlying cause. If you suffer such an injury due to employer negligence you could make an accident at work claim for a fractured back.
Another is public liability (PL). Those in control of public settings have a duty of care to prevent avoidable accidents. The Occupiers Liability Act 1957 applies this duty of care. Parks, beaches and community centres are all examples of public places. If you are injured in a public space due to poor maintenance, tripping and slipping hazards or lack of training you could be eligible to claim compensation. The fallout may be a public injury claim or a public accident claim.
Finally, there are road traffic accidents (RTAs). The Highway Code states that all road users including pedestrians and cyclists should provide a duty of care towards each other. A collision, reckless driving or a mechanical fault may result in a duty of care breach and a subsequent car accident claim. Should the broken back be one of multiple injuries, then a multiple injury claim is a possibility. Personal injury lawyers can offer support to victims of road traffic accidents. If you would like more information about road collision claims call our advisors today. Or, you can use our contact form to start that conversation today.
Financial losses could include many things. Although much of the treatment you will receive will come free courtesy of the NHS you may still have various medical costs. Medical expenses could be very high for a back injury. Consider, too, the potential transport costs if you’re unable to drive for a long time, if ever again. Then there are physiotherapy and professional nursing costs. And, of course, we also have lost earnings especially if a career is significantly shortened due to your accident. All these expenses due to your injury could be claimed back as part of a successful personal injury claim. You can call us by using the number at the top of the page to talk about financial losses.
As you will learn later on in this guide when you make a claim it will consist of 2 Heads of Loss. There are general damages and special damages. If you need care as you are unable to look after yourself, if you have to pay for this, as long as, you have a successful claim you could claim this money back as part of the special damages element of your case. They may include:
- Extra support from relatives and friends
- Professional nursing costs
- General services such as cleaning or gardening
You couldn’t claim for any previous care that you had received for your back. But you could include any care needs that are a direct result of your injury. Find out more by using our Live Chat.
An independent medical evaluation would influence your potential compensation amount. After all, a thorough medical check provides a full diagnosis of your injury, with the projected recovery time included. It could also establish a clear connection between your accident and your broken back. Hence why your personal injury lawyer would deem it a requirement of the claims process. At that point, your compensation could be estimated based on general damages and special damages.
General damages would be covering the compensation for the pain, suffering and loss of amenity caused by your broken back. They would focus primarily on the physical and mental consequences.
Special damages would handle the financial impact of your back break. Lost earnings, medical costs, travel expenses and physiotherapy would all be under consideration here. You could also claim back care costs. This could include money paid for a professional nurse or carer to look after you. However, it could also compensate family and friends for the time they have spent helping you out. To learn more about general damages and special damages, call us by using the number above.
Mr Capstone, 29, works as a constructional engineer in Cambridge. He lives with his wife Michelle, and they have two young daughters. Mr Capstone also works on weekends as a part-time driving instructor. In his spare time, Mr Capstone enjoys playing snooker and cricket.
One afternoon, Mr Capstone was working on a building site for a new hotel. He was on scaffolding and was situated at the second-story level checking out an issue with his plans. However, a part of the platform had not been sufficiently tightened. This meant that when Mr Capstone stood on one particular spot, the panel gave way. Mr Capstone fell more than 20 feet, landing hard on a grass verge to the side of the planned hotel.
Mr Capstone was knocked unconscious, though he was still breathing. He was taken to a hospital. After several scans and x-rays, he underwent emergency surgery. The diagnostic tests had proven what the doctors thought that Mr Capstone had suffered severe breaks to his vertebra and his spinal cord was damaged. Though he survived, Marcus was left paralysed by the accident. After recovering at hospital, Mr Capstone was allowed to return home. His house had been specially adapted due to his injuries.
Marcus’ two careers had both been brought to an abrupt end by the incident. This led to severe depression. After all, he had gone from having two jobs to being unable to pursue any. It also meant a significant loss of annual income. Consequently, this would seriously impact his family’s finances for the coming years. He was also extremely angry that his employers had placed him in an unsafe working environment.
After seeking legal advice, Marcus filed a compensation claim against his employer. He received £2 million as an out-of-court settlement from his employer’s insurance company. This included £300,000 in general damages and £1,700,000 in special damages.
Type Of General Damages Includes: How Much?
Paraplegia Costs relating to a back injury resulting in no movement below the waist £250,000
Post-Traumatic Stress Disorder The significant suffering that he began to experience after his accident £50,000
|Type Of Special Damages||Includes:||How Much?|
|Current and Potential Loss (Full-Time Role)||Lost earnings from being unable to work as a builder for the remainder of his life expectancy||£1,110,000|
|Professional Care||Regular professional care costs for the rest of his life||£480,000|
|Home and Car Costs||Required adjustments to the home & a new specially-designed car catering to his condition||£60,000|
|Medical Expenses||Costs of medical care relating to the accident & his recovery||£50,000|
The case of Mr Capstone is purely an example. It is based on past cases and experience. The purpose of this illustrative story is to show how the claim process works.
Personal injury lawyers may tell you about their personal injury claims calculators. Their main purpose is to determine potential compensation amounts for back injuries such as yours. However, they only provide template figures for general scenarios. This is an issue because all accidents and each victim’s individual circumstances are different. So, when it comes to your situation, we want to learn as much as we can. That way, we’re able to provide a far more accurate compensation estimate. Crucially, this service is free, no matter whether you pursue your claim or not. Contact us today to discuss your personal injury claim.
Making a claim for compensation may not always be straightforward. That is why we always advise hiring a legal representative to handle your case for you. We understand that many worry about the cost of legal fees that is why using a No Win No Fee solicitor may be the best solution for you. The benefits of No Win No Fee include:
- No requirement to pay legal fees up-front to your solicitor
- Also no requirement to pay legal fees to your solicitor before or during litigation
- And your personal injury solicitor would only take a nominal amount (called a success fee and capped by law) if you receive compensation
Therefore, if your case doesn’t succeed, you don’t have to pay your No Win No Fee solicitor at all. Less stress, higher savings, legal help; what more could you ask for? So, use our Live Chat to find out all the facts about No Win No Fee.
Any claimant would want a high-quality personal injury lawyer. “High quality” means the solicitor having a successful track record, plenty of positive reviews and any specialities. For instance, a law firm that focuses on a broken back would seem like an ideal fit.
How do you go about finding a solicitor that has all those qualities? Well, you could use reviews. They give a window into law firms. You could ask friends and family for recommendations. Or you could simply call us. Our advisors can assess your case for free. If they can see it has a chance Of success they could connect you with a No Win No Fee solicitor. Why not call today.
It’s time to tell us your story. After all, that could be the first step towards you receiving compensation. Want to discuss a claim for a broken back? Get in touch by:
Remember that our expert team is available 24 hours a day, 7 days a week. Oh, and don’t forget that there is no obligation to proceed with your case.
Thank you for reading our guide about compensation claims for a broken back. Learn more information via the links below.
Read the full NHS guidance on broken back injuries by clicking here.
Click here to discover how to identify broken bones.
Get an A-to-Z on the various health situations by clicking here.
Find out more here on how to claim for a broken arm.
Find out more here on how to claim for a broken nose.
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