a physical therapist working on a woman's back

Back Injury After a Car Accident: How Much Compensation Can You Get?

November 21, 2023

If you've ever suffered a back injury from a car accident, you know it's not just about the immediate pain: back injuries can lead to long-term discomfort and significant life changes, including - but not limited to - your ability to work and make a living.

If you’ve suffered a back injury after a car accident, you might understandably be wondering about compensation, especially if the accident wasn’t your fault - but where do you begin? In the following guide, we’re going to explore what you need to know about securing compensation for a back injury in the UK. Let’s dive in!

Types of Back Injuries

Just like injuries on any other part of your body, back injuries from car accidents can range from mild strains to severe spinal damage. If you’re thinking about seeking compensation, it's key to understand the type of injury you've sustained, as it significantly impacts the level of compensation you may be entitled to receive. Common types of back pain include:

  • Lumbar sprains
  • Disc herniation
  • Spinal fractures
  • Chronic lower back pain

The Legal Framework for Compensation

In the UK, the legal framework for personal injury compensation is designed to cover both physical and psychological impacts. If your back injury is due to a car accident caused by someone else's negligence, you are entitled to seek compensation.

Compensation for General Damages

In insurance terms, general damages compensate for the pain, suffering, and loss of amenity resulting from your injury, and this is where the severity of your back injury plays a big part. The more severe the injury and the longer the impact on your life, the higher the compensation is likely to be.

Compensation for Special Damages

Special damages tend to cover financial losses incurred due to the injury. This can include:

  • Medical expenses
  • Loss of earnings
  • Cost of ongoing care and rehabilitation

Determining Fault in Car Accidents

a patient with back pain being assisted by a physical therapist

When it comes to a successful claims process for a back injury, establishing who was at fault in the accident is going to be crucial in securing a positive outcome for your claim: if the other party is at fault, you're more likely to receive compensation. If, however, the accident was only partially not your fault, you might still be eligible for compensation, although it may be reduced.

The Claims Process

The process for claiming compensation for a back injury tends to involves the following four steps:

  • Gather Evidence: Collect as much information as possible from the accident scene: this is going to be key in proving that you weren’t at fault for the accident. Think photographs, CCTV footage, witness statements and more.
  • Medical Assessment: Get a thorough medical evaluation to document your injury: this is going to prove that your injuries prevent you from working or living your life comfortably as you did before, which can increase your compensation.
  • Legal Advice: Consider consulting with a solicitor specialising in car accident injuries; they’ll be able to help you build a case and increase your chances of a positive outcome.
  • File a Claim: Finally, your solicitor will help file a claim against the party at fault.

The Importance of Medical Evidence

As we mentioned briefly in the list above, medical evidence is going to be the bedrock of your claim. Detailed medical reports not only prove the extent of your injuries but also link them directly to the accident, so make sure you keep all medical records, receipts, and documentation related to your injury and treatment.

Don’t forget that the aim of a claim is not just about getting financial reparation; it's about acknowledging the physical and emotional toll that your injury has had on your day-to-day life, and getting the support you deserve to help navigate your world post-accident. And as always, remember that each case is unique, so the compensation amount you receive can vary based on several factors, from the severity of your injury to its impact on your life.

FAQs

What is the average compensation for a back injury from a car accident in the UK?

While it varies, compensation for back injuries can range from a few thousand to several hundred thousand pounds, depending on the severity and impact on your life.

Can I claim compensation if I had pre-existing back problems?

Yes, you can still claim compensation, however, the amount may be adjusted to reflect the extent to which the accident worsened your pre-existing condition.

How long do I have to make a compensation claim for a back injury?

In the UK, you generally have up to three years from the date of the accident to make a claim. That being said, starting the process as soon as possible is advisable.

Should I accept an early settlement offer from an insurance company?

Always be cautious with early settlement offers, which can be a way to buy you off and prevent you from getting the compensation you deserve. It’s best to seek legal advice before accepting any offer, to ensure the sum fairly compensates for your injury and losses.

What if the car accident was partially my fault?

You can still claim compensation even if the accident was partially your fault, but the amount may be reduced based on your share of responsibility.

Can I claim for both physical and psychological impacts of a back injury?

Yes, compensation can cover both physical pain and suffering and any psychological impacts, such as anxiety or depression, resulting from the accident.