How Much Compensation for a Back Injury
How Much Compensation for a Back Injury?
To establish how much compensation for a back injury you may be entitled to after injuring your back in an accident for which you were not to blame, a solicitor will look at many different factors.
The primary elements in calculating how much compensation for a back injury you can claim is the nature of the back injury, its severity and how long your doctor believes that the condition will take to heal – if at all. Your solicitor will then adjust the calculation to account for your age, sex – women generally tend to have weaker back muscles – and your general state of health prior to your back injury being sustained.
Much of this information will be gathered from your medical records, but it may be necessary for you to undergo further medical examinations to confirm that the injury to your back is healing – or not – in line with your doctor´s prognosis. Not only will the rate of recovery affect how much compensation for the physical injury to your back you receive, but also how long your back injury affects your quality of life.
Back Injury Claims and Loss of Amenity
The consequences of your back injury – and how your quality of life is affected by the trauma you have suffered – is also taken into account when determining how much compensation for a back injury you should receive. This “loss of amenity” as it is known covers your inability to perform everyday tasks because of the injury to your back and enjoy social and leisure pursuits due to ongoing pain or immobility.
Back injury claims which account for loss of amenity have to demonstrate that the activity you are temporarily unable to enjoy would form part of your regular life. Consequently, it is recommended that you maintain a diary after you have sustained a back injury to record any activity that you injured back prevents you from doing. Even the smallest detail can influence how much compensation for a back injury you receive.
Back Injury Claims and Psychological Injury
Back injury compensation claims can also include the factor of emotional trauma in certain circumstances. If your back injury was sustained in a particularly violent accident, a solicitor would recommend that you undergo a psychiatric evaluation to investigate the possibility of Post Traumatic Stress Disorder (PTSD). It has been acknowledged that the early diagnosis of PTSD can result in a more effective treatment for the condition – any costs of which would be included in your back injury compensation claim.
You may also be able to include any emotional disorders – such as depression and anxiety – in your claim for back injury compensation. Symptoms of depression and anxiety often manifest during prolonged periods of recovery and rehabilitation and, should you believe that you are suffering from these clinical conditions, you should advise your solicitor so that these factors which are attributable to your back injury can be included in your claim for back injury compensation.
Back Injury Claims and Special Damages
How much compensation you get for a back injury will also account for any financial costs you have incurred which are directly attributable to your injured back. In comparatively minor claims for back injury compensation, the special damages you are entitled to receive may just account for the cost of pain relief medication and the temporary use of public transport if you are unable to drive.
However, in more serious claims for back injury compensation, special damages can pay for expert rehabilitation services, structural changes to your home to allow for wheelchair access and many years of lost income while you recover from your back injury. Often the special damages factor of a back injury claim can be a significant proportion of how much compensation for a back injury you receive.
Back Injury Claims and Contributory Negligence
One factor which can reduce how much compensation for a back injury you are entitled to is contributory negligence. The term “contributory negligence” relates to any input you may have had into causing the accident which resulted in your injured back or if you exacerbated the injury by your own lack of care. If this is the case, a percentage responsibility will be allocated to you and how much compensation for a back injury you receive will be reduced accordingly.
For example, should you suffer a back injury at work due to the negligence of your employer, but fail to have your injury examined by a doctor for several days – during which time your back injury deteriorated – you claim for back injury compensation would be contested by your employer´s insurers on the grounds that your condition would not have been so serious were it not for your contributory negligence.
“No Win, No Fee” Back Injury Claims
Provided that your solicitor believes there is a strong likelihood of your claim for back injury compensation being successful, he or she will usually be prepared to represent you in your back injury claim on a “No Win, No Fee” basis. This usually means that, should you lose your claim for back injury compensation, you will not owe your solicitor for their legal fees and, when your back injury claim is successful, you will retain 100 percent of your compensation settlement.
However, not all solicitors offer “No Win, No Fee” back injury claims on the same basis, and it may be necessary for you to take out an insurance policy to protect yourself from potential financial exposure should your claim for back injury compensation be unsuccessful and you become liable for the defendant´s legal fees. Your solicitor should explain the exact terms and conditions of “No Win, No Fee” back injury claims prior to accepting your case.
Free Legal Advice about Back Injury Claims
It is in your best interests to obtain expert legal advice about back injury claims at the first practical opportunity. No two claims for back injury compensation are identical – even when the location and extent of the back injury are the same – and to delay speaking with a solicitor about your individual circumstances could jeopardise the collection of evidence in support of your back injury claim and affect how much compensation for a back injury you receive.
Consequently, we invite you to call our freephone Free Advice Line and discuss the circumstances of your accident and back injury directly with one of our experienced solicitors. There is no charge for this service and you will not be placed under any pressure to proceed with a claim for back injury compensation. Our solicitors will be able to provide the answers to any questions you may have about making back injury claims and help you decide whether you have a claim for back injury compensation which is worth your while to pursue.