A back injury after a car accident can turn your world upside down. Suddenly, you might find it hard to work, drive, or even enjoy your usual hobbies. Back injuries are among the most common consequences of road traffic collisions, and they can affect every part of your daily life. At Car Accident Compensation Advice, our panel of solicitors specialises in road traffic accident claims (among other things) and has extensive experience helping injured motorists claim for back injuries.
If your claim is suitable, they could help you to seek compensation for the injuries you sustained because of another road user’s negligent actions. For free advice on how to start a claim, please call the number above today. Alternatively, you can ask an advisor to call you back by completing our contact us form.
Can I Claim Compensation For A Back Injury After A Car Accident?
You may be able to claim compensation for a back injury after a car accident if it was caused by another road user’s negligent actions. That means establishing the following:
- The party you’re claiming against had a legal responsibility to use the roads safely and avoid causing harm.
- That party failed to uphold that responsibility, such as by driving over the speed limit or operating a car while using a mobile phone.
- As a consequence, you sustained a back injury.
If your car accident happened on or after 31 May 2021, compensation for whiplash and certain other lower-value injuries may fall under the scope of the Whiplash Reform Programme. In England and Wales, a fixed tariff is used to assess whiplash and other qualifying injuries suffered by adult drivers and passengers in a collision. Other injuries, such as life-changing spinal trauma, are valued separately if they are not within the scope of the tariff.
The best way to check if you might be eligible to claim for a back injury after a car accident is to call our advisors. If your case is valid, they will advise you about the best way to proceed and could connect you with a No Win No Fee solicitor from our panel to start the ball rolling.
Car Accidents That Can Lead To Back Injuries
Many road collisions cause trauma to the back due to the sudden force and impact involved. Rear-end shunts, side impacts and high-speed crashes can cause injuries affecting the muscles, ligaments or spinal structures.
Common Back Injuries Claimed For
Some of the most common back injuries sustained in car accidents include:
- Whiplash Injuries: Common in rear-end collisions, whiplash affects the neck and upper back, and may cause pain, stiffness, dizziness, or blurred vision.
- Sprains, Strains, and Soft Tissue Damage: These injuries can reduce mobility and occur when the body is jarred, affecting tendons, muscles, or ligaments.
- Slipped or Herniated Discs: Can result from sudden spinal loads and may cause localised pain, numbness or weakness.
- Fractures and Spinal Cord Injury: High-impact accidents can fracture vertebrae or damage the spinal cord, which may result in paralysis or permanent loss of function.
- Nerve Damage and Paralysis: Compression or trauma to nerves can cause numbness, tingling, or movement loss, with severe cases potentially leading to lasting paralysis.
- Bruised Coccyx and Lower Back Contusions: Impact can bruise the coccyx or lower back soft tissue, sometimes causing swelling, severe pain, and difficulty sitting or walking.
To find out whether a solicitor from our panel can help you claim compensation for a car accident back injury, please call today.
What To Do Following A Car Accident
After a car accident, your immediate priority should be getting any medical attention you need. If you have severe back pain or symptoms suggesting a spinal injury, seek urgent medical assistance. Even if your symptoms develop later, going to your GP or hospital can help you receive treatment and create a record of your injuries. You can also take the following steps:
- Contact the Police: Report the collision if required, or notify the emergency services if someone is seriously injured or there is an immediate danger. Keep any police incident reference number.
- Exchange Details: If you were driving, exchange the required registration, insurance, and contact details with the other motorists involved.
- Collect Supporting Evidence: Take photos of the scene, vehicles, and injuries. Gather contact details from anyone who witnessed the collision so your solicitor can obtain statements about how the back injury happened.
- Record Financial Losses: Document lost earnings, medical bills, and related expenses. Keep all receipts and payslips.
- Notify Your Insurer: Inform your insurer about the accident promptly and confirm receipt of your notification.
- Seek Legal Guidance: Consult a legal expert on back injury claims for early advice on eligibility and case value.
Evidence Needed To Support Your Claim
Gathering strong evidence supports your back injury claim after a car accident. Each type of evidence shows the accident’s cause, the other party’s liability, or the severity and impact of your injury. That may include:
- Photographs and videos
- Accident reports
- Medical records
- Witness contact details
- CCTV and dashcam footage
- Insurance and driver details
- Work-related documents
Clear, well-organised evidence can help your solicitor show how the accident caused your back injury and support your compensation claim.
How Compensation For Back Injury Claims Is Calculated
Compensation for a back injury claim after a car accident can be based on two heads of loss: general damages and special damages. Each area addresses different aspects of your suffering and financial impact:
- General Damages: Compensation for pain, suffering, and reduced quality of life resulting from the back injury.
- Special Damages: Compensation for quantifiable financial losses, including medical expenses, lost wages, and costs for rehabilitation related to the back injury.
Calculation Process
Legal teams assess medical evidence, financial proof such as payslips or bank statements, and ongoing care needs. The assessment can also consider the psychological effects of a serious back injury. If you develop a recognised condition, such as depression or an anxiety disorder, medical evidence may support compensation for that harm.
To learn how much compensation you could claim for a car accident back injury, please feel free to call our advisory team today.
Time Limits For Making A Back Injury Claim After A Car Accident
The Limitation Act 1980 sets a standard three-year time limit for starting a back injury claim after a car accident. This three-year period begins on the date the car accident occurred. Some exceptions apply to this rule:
- For claimants under 18 at the time of an accident, the time limit is paused. The three-year window starts on their 18th birthday, giving them until their 21st birthday to begin a claim. A parent or another responsible adult can act as a litigation friend and make a claim on their behalf at any time before they turn 18.
- For adults lacking mental capacity, the three-year limit remains suspended unless they regain mental capacity. If their capacity returns, the time limit starts from that date. During the suspended period, someone else may start the claim as their litigation friend.
Whether you’re claiming on behalf of yourself or a loved one, please contact one of our advisors to check how long you have to take action.
No Win No Fee Claims Benefits Explained
No Win No Fee services are offered by our panel of solicitors through an arrangement called a Conditional Fee Agreement. It means you won’t have to pay any service fees throughout the claim, including at the start and in the event it is unsuccessful. You would pay a success fee if compensation is secured, deducted as a percentage and subject to a legal cap.
Contact Our Advisors Today For Free
Navigating a back injury claim after a car accident can feel overwhelming, but you don’t have to face it alone. With the right evidence and legal support, you can take steps to protect your rights and pursue the compensation you may be entitled to.
If you’d like free advice about claiming or have any questions, please use the number above to reach out to us. If you’d rather one of our advisors call you at a convenient time, please complete the form on our contact us page today.
Acting quickly and understanding your options will put you in the strongest position to move forward with confidence.