Have you injured your back in a road traffic accident? Was this accident caused by the negligence of another road user? If so, you might want to know more about car accident back injury claims.
The back is an extremely important and delicate area of the human body. The spine and back muscles offer support and facilitate movement. A back injury could drastically impact your quality of life. You could experience pain and restriction of movement.
In this guide, we will look to answer questions such as:
- How much back injury car accident compensation will I get?
- What can a car accident settlement cover?
- How will the Whiplash Reform Programme affect my claim?
If you would prefer to speak to a member of our team about car accident back injury claims, you can do so. Our advisors offer free legal advice 24 hours a day, 7 days a week.
To get in touch:
- Call 0113 460 1215
- Write to us using our online form
- Or access instant free legal advice through our ‘live support’ option in the bottom right of the screen
Choose A Section
- An Introduction To Car Accident Back Injury Claims
- What Is A Back Injury In A Car Accident?
- Examples Of Back Injury Accidents
- How Much Could I Get For Car Accident Back Injury Claims?
- Where Are The Best No Win No Fee Lawyers?
- More Information On Car Accident Back Injury Claims
As expected, a car accident back injury is any injury that has been caused or worsened as a result of being involved in a car accident. You cannot claim for any back injuries sustained in car accidents, however; the accident must have been caused by negligence.
Back injuries can come in many forms and the severity, as well as the impact of them, can vary. The severity of your injury will be a key factor in how much compensation you could receive in a payout for a back injury.
The Road Traffic Act 1988 is the central piece of legislation that outlines the duty of care for road users. Those who use the road should act in a way that avoids themselves and others from coming to harm. Furthermore, they should follow the guidance set out in the Highway Code.
For more information on when car accident back injury claims could be valid, speak with a member of our team today.
2022 Car Accident Statistics
According to the Reported road casualties in Great Britain, provisional estimates, there were roughly 1,390 reported road deaths in the year ending June 2021. This was an 11% decrease from the previous year, which ended in June 2020.
There was also:
- An estimated 24,530 killed or seriously injured casualties during the year ending June 2021, which is a 6% decrease from 2020.
- 119,850 casualties of all levels of seriousness in the year ending June 2021. A 9% decrease from 2020.
- Overall the casualty rate per billion vehicle miles travelled decreased by 3% compared with the same timeframe in 2020.
Before considering the amount you could be awarded in your back injury settlement, you may be wondering, “what is a back injury?”. Back injuries can range in severity from relatively minor to severe. Some can be fatal.
Broadly, there are two different kinds of injuries that you can sustain to the back. Firstly, you may suffer from a soft tissue back injury. This could include bruising, strains, sprains and whiplash that affect the muscles, ligaments or other soft tissue. Alternatively, you could sustain an injury to one of the vertebrae in the spine, such as a fracture or crush injury.
With the back region playing such a key role in the body’s functionality, an injury to it can have devastating effects. You could suffer ongoing pain or stiffness, a hindrance in mobility, or in extreme cases, permanent disabilities that stop you from being able to do the things you could before. The amount you receive will reflect, in part, the impact that the injury has had on your ability to live your life.
For more information on the kinds of injuries you could sustain in a car accident and the criteria you need to fill in order to be able to claim, speak with an advisor about car accident back injury claims.
Having established that you can only claim for injuries sustained in a car accident as a result of negligence, you might be wondering what a breach of duty of care consists of.
We have included acts of negligence that breach the duty of care and could result in a car accident below. However, this list isn’t exhaustive, and you could be entitled to claim for an accident that happened in a way we have not mentioned below:
- Use of mobile phone – A driver’s concentration is affected when using their phone whilst driving. They might not notice you travelling in the lane that they are moving into, causing them to collide with the side of your car.
- Driving above the speed limit- Another driver might be driving over the speed limit, which means that they are unable to stop in time when you come to a red light. As a result, they hit the rear end of your vehicle.
- Driving under the influence – Another road user may be intoxicated with alcohol or drugs, which sees them travel on the wrong side of the road and collide with your vehicle.
Please do not hesitate to get in touch to see if you have a valid personal injury claim for injuries you sustained in a road traffic accident. If you do have a valid case, you could be connected with one of the No Win No Fee solicitors for car accident claims from our panel.
If you win your case, your car accident back injury claims settlement might consist of two types of compensation – general and special damages. The two heads of claim seek to provide compensation for different factors of the injuries you sustained.
General damages cover the pain and suffering caused by the accident and your injuries. This bracket also includes the impact your injuries have had on your quality of life.
We have provided a table with examples of injuries and their associated payouts to help you gauge what you might be owed. These have been taken from the Judicial College Guidelines (JCG), which is a document that legal professionals use to aid them in valuing claims.
|Back- Severe (i)
|£91,090 to £160,980
|Where the spinal cord is damaged, resulting in a combination of really serious consequences that are unusual in back injuries.
|Back- Severe (ii)
|£74,160 to £88,430
|For example, damage to the nerve roots causing sensation impairment or loss, impaired mobility and impact on bladder and bowel function.
|Back- Severe (iii)
|£38,780 to £69,730
|Injuries such as fractures of the discs in the spine that result in chronic conditions causing disabilities.
|Back- Moderate (i)
|£27,760 to £38,780
|Injuries where disability is residual, but where it is not as severe as in cases in the above bracket.
|Back- Moderate (ii)
|£12,510 to £27,760
|Muscle and ligament disturbance, causing backache and soft tissue injuries.
|Back- Minor (i)
|£7,890 to £12,510
|Full recovery or recovery to the point that symptoms are a nuisance only within two to five years.
|Back- Minor (ii)
|£4,350 to £7,890
|Full recovery or recovery to the point that symptoms are a nuisance only within one to two years.
|Back- Minor (iii)
|£2,450 to £4,350
|A full recovery with no need for surgery within 3 months and a year.
|Back- Minor (iv)
|Up to £2,450
|Full recovery within three months.
|Neck- Severe (i)
|In the region of
|Neck injury associated with paraplegia that is incomplete. Little or no neck movement.
However, it must be remembered that this should only be used as guidance. This is because each claim is completely unique, and your settlement for a back injury might differ if you win your case. For instance, one case could involve injuries as severe as quadriplegia or tetraplegia, and another may only involve minor back injuries.
Special damages, on the other hand, seek to compensate you for any financial losses that have been sustained as a result of your injuries. Examples of these can include (but are not limited to):
- Medical expenses
- Care costs
- Travel costs
- Home adaptations
Whiplash Reform Programme
The Whiplash Reform Programme applies to any injuries sustained in road accidents after 31st May 2021. It means that if you’re a driver or a passenger over the age of 18 and your injuries are worth £5,000 or less, you will need to claim through a new online portal. This includes if you’re a passenger on public transport, such as on a bus.
Furthermore, your injuries will be valued based on the tariff amounts set out in the Whiplash Injury Regulations 2021. These tariff amounts may still apply even if you don’t need to claim through the portal.
One of our advisors could give you an assessment of how much compensation you could receive for your injuries. We recommend speaking with an advisor before starting a claim through the portal, as you might be underestimating how much your injuries are worth.
A No Win No Fee solicitor can help you make a car accident back injury claim, and their services can be very beneficial. A Conditional Fee Agreement is a form of No Win No Fee agreement that is popular with claimants.
Under this agreement, you don’t pay your lawyer any upfront fees, nor do you make any ongoing payments as they work on your claim. You only pay the solicitor for their services if you win your case and receive compensation for your back injury.
Then, they will deduct a legally-limited success fee from the settlement you’re awarded before it reaches you. Furthermore, if the case is unsuccessful, you won’t have to pay anything for your solicitor’s services.
Find out whether you are eligible to have a No Win No Fee solicitor represent your case on this basis by contacting our advisors today. They can provide free legal advice on car accident back injury claims.
Ask Us About Car Accident Back Injury Claims
If you have read this far and still have questions such as “how often do car accident claims go to court?” or “how long do car accident personal injury claims take?”. You might be thinking, “how long after a car accident can I claim?”.
Our advisors can help you with these queries, and you can contact them by:
- Calling 0113 460 1215
- Writing to us using our online form
- Or access instant free legal advice through our ‘live support’ option in the bottom right of the
We have included some useful resources that might help you further:
- More information about acute lower back pain.
- An NHS guide on general back pain.
- Assistance with road traffic accidents involving an uninsured/ unidentified driver via the Motor Insurers’ Bureau.
We have also provided some of our own guides relative to this topic:
A guide on road traffic accident claims
Our article on the time limit that applies to making a personal injury claim
A guide on how long road traffic accident claims typically take to complete
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Thank you for reading our guide on car accident back injury claims. If you have any other questions, do not hesitate to call our team using the number above.
Writer Beck Parkins
Publisher Fern Sykes