Back injuries and spinal injuries are severe and can have significant and long-term consequences on your quality of life as well as affecting the loved ones around you. If you have suffered a back injury, yourself and your family members may be severely impacted by the long-term consequences of this type of life-changing injury.
Back injuries are already incredibly traumatising; however, when you find out that the accident you were involved in was due to someone else’s negligence and could have been avoided, it can worsen the emotional pain you have already been put through.
If you have suffered a back injury that was caused by an accident that was not your fault, you may be eligible to make a back injury claim. Contact Wildwood Legal today to get in touch with one of our personal injury solicitors, who will be able to determine your eligibility and explain the claims process clearly.
Common accidents associated with back injury claims
There are many different causes of back injuries that lead to injury compensation claims. Some of the most common causes of back injury claims we deal with include:
Accidents at work – Back injuries usually happen in dangerous working environments, such as factories or construction sites; however, they can occur in almost any workplace.
Employers have a duty of care towards their employees and must ensure that the correct procedures are put into place to reduce the risk of back injuries. Common accidents include falling from heights due to unstable scaffolding or a defective ladder.
Medical negligence – Back injuries can occur due to medical negligence. This can include delays in treatment and surgical errors, which can cause severe injuries such as back injuries. Medical professionals have a duty to ensure that their patients are treated correctly; therefore, if they failed this, they may be responsible for your injuries.
Accidents in public places – People can also sustain back injuries in public places on the street or on private premises. These types of accidents commonly include slips, trips and falls due to negligence from the local authority or council.
Road traffic accidents – Road traffic accidents can be caused by bad driving from other road users or a poorly maintained road. These types of accidents can often lead to back injuries and other catastrophic injuries. Cyclists and motorcyclists are more likely to suffer from these injuries due to the lack of protection; however, it can happen in any type of vehicle.
All of these accidents can result in issues ranging from a minor back injury to soft tissue injuries and paralysis. If you have suffered from a back injury, you should seek medical attention from a medical professional as they will be able to determine the extent of your injury and provide any necessary treatment required.
If you have sustained a back injury as a result of an accident listed above, as well as any other type of accident, contact our specialist team of back injury solicitors today to determine your eligibility and discuss the claims process.
What is the claims process for back injury claims?
Following a back injury, you should seek legal advice from a solicitor and begin to gather evidence immediately. A back injury matter will rely on substantial evidence; therefore, you should request any relevant medical records, medical reports, photographs of any injuries or injury-related symptoms and witness statements. In order to prove financial losses, you should also gather documents that prove loss of earnings, such as bank statements.
Once the evidence collection has occurred, a legal expert will be able to provide tailored advice for your claim.
Back injuries are very serious, so you should visit the hospital immediately. Whilst medical treatment is ongoing, it is important to keep a record of any necessary information.
Once you are able, contact Wildwood Legal, who will be able to commence the claim and prepare the appropriate documents. Negotiations and settlements will occur in the same way that they would in a clinical negligence or personal injury matter.
What can be recovered in back injury claims?
There are a variety of losses that can be recovered in a legal claim following an accident that was not your fault. Below are just a few examples:
Loss of income – If you were required to take time off work due to your injuries, you should be able to recover your loss of earnings for the full period of time you were unable to work.
Pain and suffering – The law considers the fact that there is a certain amount of trauma and pain that can be associated with accidents. Therefore, it has made a provision for injured persons to obtain compensation for the same.
Loss of amenity – You may be able to claim an amount of compensation for your loss of amenity. This refers to instances when your injuries have prevented you from participating in activities that you had previously taken part in and enjoyed.
A loss of enjoyment can directly affect your life and can lead to long term effects such as mental health issues like frustration and depression. There is a provision in the law that covers any loss of amenity resulting from an accident.
Other financial losses – Other financial losses which were directly caused by the accident, such as medical care and treatment costs and travel costs, can also be recovered as part of a personal injury claim.
There is no maximum amount that you can be awarded for back injury claims. The amount of financial compensation you receive will be based on the severity of the ongoing disability and losses due to negligence. A negligence claim is considered on a case-by-case basis as each claim has a unique set of circumstances.
In certain cases, it can be difficult for the sufferer of a back injury to pursue a claim for compensation themselves. Therefore, a litigation friend (often a close family member) will be able to pursue them on their behalf.
How is back injury compensation calculated?
Compensation awards for all personal injury claims are split into general damages and special damages.
General Damages – This refers to the amount of compensation awarded to you for your pain, suffering and loss of amenity.
To calculate this amount, we look at previous cases which are similar to yours, together with guidelines that are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses that you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future, medical costs, travel costs or the costs of care provided to you.
It is difficult to estimate the amount of compensation you will receive for your injuries without knowing the full extent of your injuries. There are, however, compensation calculators online that can be used to estimate how much you may be able to receive from your claim.
Can I receive financial assistance before my back injury claim concludes?
When you are suffering as a result of a serious injury, it can put you at financial risk if you are unable to work, or you may be forced to pay for treatment. Therefore, interim payments are available in order to relieve some of the financial burdens that you may be faced with.
Interim payments are payments that can be made prior to a final settlement for costs such as rehabilitation and private medical care.
For more information regarding interim payments, please contact Wildwood Legal to get in touch with one of our personal injury solicitors.
How much do back injury claims cost?
We will always be 100% transparent about what our charges are, and if we take on your case, we will almost always do so on Conditional Fee Agreements (also known as a no win, no fee basis).
This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
Time limits for making back injury claims
The general rule on time limits for making a back injury claim is that you have three years from the date of the injury to have either settled your claim or started court proceedings once the accident has happened.
The three-year deadline begins on the date that the accident occurred or from the date on which you realised that your injuries were associated with your accident due to negligence.
The three-year time limit for claiming compensation does not apply to those under 18; however, it will come into effect after their 18th birthday. There is also no time limit for individuals that lack the mental capacity to make a claim themselves.
How can Wildwood Legal assist with back injury claims?
At Wildwood Legal, we know that the consequences of suffering a back injury can be devastating. If you have suffered from this type of injury due to negligence, you need to seek legal advice – That’s where we come in.
We see all too often the significant effect that a serious injury can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the amount of compensation you receive. Our core strength is in personal injury claims. We are experienced in helping you with any negligence claims that you may want to make. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.
Our ultimate aim is to obtain a great outcome for your case and for you to feel able to recommend us to others at the end of your claim.
We value the opinion of our clients, and we will always listen to you and take on board what you say. To make an enquiry to start your claim, get in contact with us either email us email@example.com or call us 01423 209 046 to speak with a specialist back injury solicitor. We have registered offices in Harrogate and London.
Speak to a specialist solicitor
"Thank you Stephen for resolving our situation so efficiently and quickly.
We would thoroughly recommend you to anyone needing your help."
"Excellent service from start to finish whole process was easy Steven kept me informed every step of the way couldn’t of been more helpful nothing was a hassle at all, I would definitely use again and recommend this company with out a doubt thankyou."