Witness statements play an important role in many personal injury cases. They can help establish how an accident occurred, who was at fault, and how…
Suffering with a back injury?
If your back injury was caused by an accident that wasn’t your fault, you could be entitled to claim compensation for your pain and any related financial losses.
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What Types of Back Injuries Can You Claim For?
Back injuries are, unfortunately, a common occurrence. Most people will suffer some degree of back pain at some point in their life, but a back injury can have severe and long-lasting effects on their health and wellbeing.
When a back injury is caused by someone else’s negligence, claiming compensation for the injury may be possible. However, the type and severity of the back injury will play a key role in determining the amount of compensation that may be awarded.
In this guide, we will discuss the different types of back injuries that you could make a back injury claim for, as well as how compensation is assessed for each type of injury.
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Common Types of Back Injuries
Back injuries can range from minor strains and sprains to more serious conditions that can have a significant impact on a person’s life. Here are some of the most common types of back injuries that you could claim compensation for if somebody else’s negligence causes them:
Sprains and Strains
Back sprains and strains are the most common type of back injury, and they can be caused by a wide range of activities, including lifting heavy objects, bending and twisting, or sudden jolts.
Although painful and debilitating, they are usually minor injuries that can be treated with rest and self-care. The time it takes for a sprain or strain to heal depends on the severity of the damage.
The healing time is typically around 2-4 weeks for mild to moderate sprains and strains. During this time, it is essential to rest the affected area and avoid activities that may exacerbate the injury, such as heavy lifting.
The healing time can be much longer for more severe sprains and strains. Physical therapy or chiropractic treatment may be recommended, and surgery may be necessary to repair a torn ligament or other damage in some extreme cases.
Herniated Discs:
A herniated disc, also known as a slipped or ruptured disc, is a common back injury that occurs when the soft, gel-like material inside a spinal disc pushes through a tear in the outer layer of the disc. This can put pressure on the nerves in the spine, causing pain, numbness, and weakness in the back and other parts of the body.
Various factors, including age-related wear and tear, trauma, and repetitive strain can cause herniated discs. People who engage in heavy lifting or repetitive bending and twisting are at a higher risk of developing a herniated disc.
Symptoms of a herniated disc can vary depending on the location and severity of the injury. Common symptoms include pain in the back, legs, or arms, numbness or tingling in the affected area, and muscle weakness. In severe cases, a herniated disc can cause loss of bowel or bladder control, which requires immediate medical attention.
Treatment for a herniated disc usually involves a combination of rest, physical therapy, and medication to manage pain and inflammation. In some cases, surgery may be necessary to remove the damaged portion of the disc and relieve pressure on the nerves.
Spinal Cord Injuries
Spinal cord injuries are a more serious type of back injury, which can be caused by traumatic events such as car accidents or falls from height. These injuries can result in partial or complete paralysis and can profoundly impact a person’s life.
Spinal cord injuries can be classified as either complete or incomplete. In a complete spinal cord injury, there is a total loss of function below the level of the injury. In an incomplete spinal cord injury, some function remains below the level of the injury, although it may be limited.
Treatment for a spinal cord injury usually involves a combination of surgery, rehabilitation, and medication to manage pain and prevent complications such as blood clots or infections. In some cases, assistive devices such as wheelchairs or braces may be necessary to help with mobility.
Fractured Vertebrae
A fractured vertebra is a back injury that occurs when one or more of the bones in the spine break or fracture. This type of injury can be caused by accidents involving excessive force, such as road traffic accidents, falls and horse riding accidents. It can result in severe pain, limited mobility, and a loss of sensation in the affected area.
Fractured vertebrae can be classified as either stable or unstable. In a stable fracture, the broken bone remains in place and does not cause any significant damage to the surrounding nerves or tissue. In an unstable fracture, the broken bone shifts or compresses the spinal cord, which can result in nerve damage or paralysis.
Treatment for fractured vertebrae usually involves immobilising the spine with a brace or cast to allow the bone to heal. In some cases, surgery may be necessary to stabilise the spine and prevent further damage to the spinal cord.
Other Back Injuries
In addition to the above, many other back injuries and medical conditions can cause back pain. For example:
- Sciatica: Sciatica is a type of nerve damage that occurs when the sciatic nerve, which runs from the lower back down to the legs, becomes compressed or irritated. This can cause pain, numbness, and tingling in the lower back, buttocks, and legs.
- Spondylolisthesis: Spondylolisthesis is when a vertebra in the spine slips out of place, causing lower back pain and stiffness. Various factors, including genetics, age, and injury, can cause this condition.
- Spinal Stenosis: Spinal stenosis is a medical condition in which the spinal canal narrows, putting pressure on the nerves in the spine. This can cause pain, numbness, and weakness in the back and legs.
- Osteoarthritis: Osteoarthritis is a type of arthritis that affects joints in the body, including those in the spine. This condition can cause pain, stiffness in the back, and reduced mobility.
- Facet Joint Injury: The facet joints are the small joints located between the vertebrae in the spine. These joints can become injured or damaged due to wear and tear or trauma, causing pain and stiffness in the back.
- Whiplash: Whiplash is a common injury that occurs when the neck and head are suddenly and forcefully jolted forwards and backwards. Most commonly linked to car accident claims, whiplash can cause damage to the muscles and ligaments in the neck and upper back, resulting in pain, stiffness, and reduced mobility.
- Nerve Damage: Nerve damage can occur as a result of injury or medical conditions such as diabetes or multiple sclerosis. This can cause pain, numbness, and weakness in the back and other parts of the body.
How much is a back injury compensation claim worth?
When assessing a back injury to determine how much compensation should be awarded, several factors are taken into account. This includes the following:
- The type of back injury sustained
- The severity of the injury
- The impact it has had on the person’s life
- Any long-term effects the injury may have
An injury lawyer will assess the above factors to determine whether the back injury should be classed as either minor, moderate or severe. Medical records and a report from an independent medical professional will be used to help make this assessment.
They will then refer to the Judicial College guidelines, which provide a range of compensation amounts for different types of injuries, including back injuries, based on the severity of the injury and the impact it has on the person’s life. This part of the personal injury compensation award is known as general damages.
In addition to this, an assessment will also be made to calculate any financial expenses that are linked to the injury. This is known as special damages and takes into account costs such as:
- Lost wages from having to take time off work
- Future loss of earning capacity, if the injury will limit the ability to work in the future
- Medication costs, such as painkillers or prescriptions
- Transport costs for medical appointments
- Rehabilitation costs, such as physiotherapy or chiropractor sessions
The ultimate goal of personal injury compensation is to help the injured party return to their pre-injury state as much as possible. This may involve providing financial support to cover the costs of medical treatment, rehabilitation, and other expenses related to the injury. It also compensates the injured party for the physical and emotional pain and suffering caused by someone else’s negligence.
Get the back injury compensation you deserve
Back injuries can profoundly impact a person’s life, and those who have suffered a back injury due to someone else’s negligence must be able to claim the compensation they deserve. Understanding the different types of back injuries you can claim for, as well as the factors that are taken into account when assessing compensation, is essential for anyone who has suffered a back injury.
If you have suffered a back injury and believe that someone else’s negligence was to blame, you could be entitled to compensation. If you would like to have a chat with a friendly legal adviser to find out if you have a valid claim, call 0800 470 0474. Alternatively, you can arrange a call back using the contact form below. This service is completely free and provided with no obligation to proceed.
