Back & Spinal Injury
Compensation Claims

What to consider when claiming for a back or spinal injury

• Compensation can range from £2,720 for a back sprain to £448,180 for for severe spinal injuries & tetraplegia.
• Claims can be made for back and spinal injuries suffered at work, on the road, in public, or due to a healthcare professional's mistake.
• You have up to 3 years from the date of your injury to start a claim.
• Your compensation will depend on the seriousness of your back injury, and your financial losses and expenses. You can find out how much you can claim with our compensation calculator.
• Your compensation can also cover the cost of mobility aids and modifications to your home and car.
• Your claim can proceed on a no win, no fee basis.

If you have been affected by a back or spinal injury, we can help

A back injury can have a significant impact on your quality of life. They can cause chronic pain, limit mobility, and lead to time off work. In some cases, these injuries can even result in long-term disability, with some back and spinal injuries leading to permanent loss of movement and mobility.

Back injuries can arise from a very wide range of circumstances, from slips and trips and accidents at work, to road collisions and medical negligence. If you, or a loved one, have suffered a back injury due to someone else's actions, inactions or negligence, you may be entitled to claim financial compensation.

You can make a compensation claim for a back injury or back pain with the help and support of a personal injury solicitor.

This article will provide an overview of the types of back injuries and pain that can result in a claim, as well as the process for making a No Win, No Fee claim and the types of compensation that may be available. If you have suffered a back injury and are unsure of your options, it is important to seek legal advice to fully understand your rights and the potential compensation that may be available to you.

With nearly 200,000 back injuries a year, you are not alone

The back, a complex network of muscles, bones, joints, and nerves from the neck to the pelvis, is susceptible to injuries like sprains, strains, fractured vertebrae, and herniated disks. These injuries can cause severe pain and potentially lead to temporary or permanent immobility. While many back injuries heal with treatment and rest, even minor ones can be distressing. More severe cases might need physical therapy or surgery.

Back pain is the largest single cause of disability in the UK. Lower back pain accounts for 11% of the total disability of the UK population (england.nhs.uk).

Of the 473,000 work-related musculoskeletal disorders in 2022/23, 41% were caused by back injuries (hse.gov.uk).

If you decide to make a back injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

If you need information on back injury symptoms and treatment, visit: back pain (nhs.uk).

How can back injury compensation help me?

A central legal principle is that compensation should attempt to put you back in the situation you were in before your accident. Of course, money can only go so far in compensating you for the pain and distress of an injury.

Back injury compensation payouts

The courts recognise the impact of a back injury can be life-changing. Personal injury compensation may be awarded:

• for general damages to cover pain, suffering and loss of amenity (PSLA)
• to reimburse financial losses and damage to personal property
• for medical expenses such as physiotherapy and ongoing care
• to cover loss of earnings

How much compensation can I claim for a back injury?

The compensation you're eligible to claim for your back injury depends on:

• the extent of your injury,
• how your injury interferes with your daily activities and job,
• the financial losses or expenses you've faced because of your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages will be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.

These damages will also cover the cost of any medical procedures you might need to treat or recover from your back injury such as pain medication, physiotherapy, lumbar supports and epidural steroid injections.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

How are back injury claims and payouts assessed?

When making a back injury claim, your personal injury solicitor would refer you to a medical professional for an expert opinion.

A medical examination will be arranged at a location near you, to assess the severity of your back injury. The medical report will be used by your solicitor to build your case.

Your lawyer will refer to back injury compensation examples to calculate your back injury compensation amount. Your back injury claim payout will also consider how long your injury could take to heal if you are not yet fully recovered.

Average back injury general damages compensation table

The following back injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Back injury

Neck injury

Paralysis

Can I claim compensation for a psychological injury?

Although psychiatric injuries are less obvious than physical injuries and illness, mental health conditions can be no less debilitating.

Our 2024 Personal Injury Claimant Survey found that 29.03% of claimants reported a psychological injury, with 70.97% of these relating to a physical injury.

A phobia of aggravating a back injury by movement (kinesiophobia) can seriously hamper recovery. Ongoing back pain will also impact daily activities, including work and socialising; this can lead to isolation and depression, worsened by chronic pain.

A specialist solicitor will consider psychological harm when calculating your compensation. Psychiatric injuries are recognised in the official guidelines for compensation, and the cost of treatment and other mental health support should be included in your compensation award or settlement.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

Am I eligible for back injury compensation?

Yes, you can make a claim for a back or spinal injury, if:

• you were made ill within the last 3 years, and;
• another party was responsible, and;
• that party had a legal duty to protect you.

Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

My injury was partly my fault - can I still claim?

Cases where the defendant and claimant are both partly to blame are actually quite commonplace in personal injury claims.

In our 2024 Personal Injury Claimant Survey, 13.99% of respondents believed they were partly responsible for their injuries, or were uncertain.

When fault on both sides caused a claimant's injuries, this is called 'contributory negligence'. In these situations, compensation may still be payable on the basis of a split liability agreement.

Read more:

Can I claim if I feel I was partly responsible for my accident?

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

In most cases, you have up to 3 years from the date of your accident or injury to start a claim.

For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a claim.

Spinal injury claims

Aspire estimates there are 50,000 people living in the UK with a spinal cord injury.

Over 78% of spinal cord injuries are caused by road traffic accidents and slips, trips and falls. Although some spinal cord injuries lack completely effective treatments, rehabilitation support can help, and medical research into spinal injury continues worldwide.

Compensation enables injured claimants to fund treatment and rehabilitation care to ensure they enjoy the best possible quality of life.

If you decide to make a spinal injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

Types of spinal injury

Spinal injury can be complete damage across the whole width of the spinal cord, or incomplete damage across part of the spinal cord.

Both types of injury can cause varying degrees of paralysis, loss of bodily function, and loss of sensation.

In the most serious spinal injuries, spinal cord damage can result in:

• Tetraplegia (also known as quadriplegia) - partial or total loss of use of all limbs. The injury usually results in loss of both sensation and motor control of limbs.
• Paraplegia - impairment of motor or sensory function of the lower extremities. This can include the functions of the lower torso and motor control of the legs.

Your specialist personal injury solicitor will assist you in assessing and documenting your injury for your compensation claim. Assessment will include the impact of your spinal injury on your livelihood, personal care needs and quality of life.

Read more:

Paralysis injury claims

Spinal abscess claims

A spinal abscess is an infection of the tissues that surround the spinal cord, characterised by the build up of a pus-filled sac. The condition is caused by bacteria entering the spine, usually after a back injury or trauma.

Spinal abscesses may also develop as a complication of medical procedures such as epidural anaesthesia or catheterisation of the spine.

Since antibiotics have been routinely used during medical procedures, spinal abscesses have become extremely rare. When they do occur, however, these abscess can have very serious consequences. Any delay in detecting and treating a spinal abscess is capable of causing permanent paralysis and damage to the spinal cord.

If you have suffered a spinal abscess after receiving substandard medical treatment, or experienced a delay in diagnosis or treatment of an abscess, you may be eligible to make a medical negligence claim.

How do I make a claim for spinal abscess negligence?

Early diagnosis is critical to the chances of a patient making a full recovery from a spinal abscess injury. Left untreated, the abscess could burst allowing millions of bacteria to spread throughout the body. An enlarged abscess could also compress the spinal cord leading to neurological conditions such as paralysis, incontinence and nerve loss. In some cases, a spinal abscess can be life-threatening.

Medical staff owe a duty of care to provide treatment in a professional and timely manner. A claim may arise whenever this duty is breached and the patient suffers injury as a result. Examples include:

• A delay in diagnosing the spinal abscess
• Failure to treat the spinal abscess as an emergency case
• Incomplete draining of a spinal abscess resulting in further infection, spinal compression or scarring
• Surgical error during a spinal epidural, lumbar puncture or catheterisation procedure
• Errors in the delivery of post-operative care.

This list is not exhaustive. A claim may be made whenever it can be shown that the medical practitioner behaved in a manner which dropped below reasonably expected standards. The arguments will often be highly technical, revolving around the details of extensive medical reports.

Can I claim for cauda equina syndrome?

Cauda equina syndrome is a severe compression of nerve roots in the lower spine, causing back pain, leg weakness, and bowel or bladder dysfunction. It requires immediate surgical intervention to prevent permanent damage.

Cauda equina syndrome can develop very quickly. Because the condition is so rare, it is often misdiagnosed as regular back pain. Misdiagnosis can cause the condition to worsen, resulting in irreversible damage. CES must be treated within 24 to 48 hours.

If you decide to make a clinical negligence or misdiagnosis claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

CES as a result of medical negligence

If the syndrome was bought on or worsened as a result of misdiagnosis, you may have grounds to make a claim.

The Cauda Equina nerves at the base of the spinal cord are involved in the activity of the lower limbs and pelvic function. If the problem is not treated immediately, it can lead to bowel and bladder dysfunction, sensory issues and paralysis.

If an error occurred during treatment and the patient was harmed as a result, this may be referred to as an 'undesirable outcome'. Not all treatment that results in an undesirable outcome will result in the payment of compensation.

Sometimes an undesirable outcome is due to a known risk associated with the treatment, or due to a mistake that a doctor could reasonably have made in the circumstances.

Cauda equina syndrome claim case study

In a recent case, the claimant was aged 50 and started to suffer with leg pain. There was some numbness in his left calf down through his foot and the claimant was having difficulty urinating. As a result the claimant sought medical attention and was admitted to hospital. Tests were undertaken which failed to properly diagnose the problem and therefore the claimant received no treatment.

The symptoms continued with the claimant's condition deteriorating and ultimately surgery was performed to decompress the Cauda Equina nerve but unfortunately the delay in diagnosis of cauda equina compression was found to have caused permanent damage.

The cauda equina syndrome affected the claimant in a number of ways from incontinence to reduced sexual function which ultimately left the claimant unable to work.

Inevitably the problems that were suffered by the claimant impacted on his social life with the claimant unwilling to go out socially with friends as a result of the incontinence problems.

The defendants admitted negligence but said that the negligence did not cause the problems experienced by the claimant.

The solicitors acting for the claimant, however, successfully negotiated an out-of-court settlement. The terms of settlement awarded £100,000 to the claimant for pain, suffering and loss of amenity with a further £450,000 awarded for special damages including loss of wages.

Claiming compensation with the help of a solicitor

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a personal injury compensation claim on a No Win No Fee basis.

How the cause of your back injury affects the claims process

How your back injury was caused will determine the claims process. Click the icons below for more information.

Work accidents Public places Road accidents Medical negligence Other accidents

Sources

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.