Back injury claim
range from very
minor to a
catastrophic injury"
Richard Brett,
Team Leader
The types of injury sustained range from minor sprains to the catastrophic, but regardless of the severity of your injury it is important to make sure you get the right advice, investigations and treatment so you have the best possible chance of making a recovery.
Why use Access Legal from Shoosmiths?
We have a wealth of experience dealing with clients making a back injury claim.
Over the last 20 years we've forged links with treatment providers and medical examiners, who can help you get the right assessment and treatment at an early stage, often at no direct cost to you.
There is a separate page on our website dealing with more serious spinal injury claims while here we look at less serious back injuries.
Important things to consider
You should always visit your GP after suffering a back injury. They may be able to refer you for treatment and/or further investigations, and whilst we may be able to arrange these privately as part of the claim, this isn't always guaranteed. It's therefore a good idea to get the GP referral as early as you can.
From the back injury claim point of view, seeing your GP early shows that you're trying to help yourself and your recovery, and means there'll be early independent evidence of your injuries. This can help when we're building up the evidence to support your claim, and all of this will normally help the successful pursuit of a back injury claim.
Alan Corker, St Albans, Herts
Common back injuries include:
- soft tissue injuries – tissues and muscles around the back are damaged causing pain, stiffness and restriction of movement
- wrenching injuries – the mechanical make up of the back is affected and sometimes pulled out of line
- injuries to the vertebrae and discs – sometimes discs can be prolapsed, or the spaces between the vertebrae can be impacted. This can often cause severe pain, restriction of movement and other associated symptoms such as pins and needless in arms and legs, caused by pressure or irritation of the nerves running through the affected part of the spine
There's a range of treatment available for back injuries, but the most common are physiotherapy, chiropractic treatment and osteopathy.
It can often be the case that what works for one person may not work for another, so if you've had an accident, provided the treatment is working for you, any costs you incur can be included as part of a claim, and are normally recoverable from the negligent party's insurers.
In more serious cases it steroid injections in the affected part of the spine may be needed, and/or a surgical procedure.
As with any personal injury claim, we will look to obtain medical evidence in support of a back injury claim. This will normally be from an independent medical expert who we'll instruct.
In more minor cases the report will often be prepared by a GP, while in more serious or long-term cases, an orthopaedic consultant will be used. In cases where the symptoms last a long time, several reports may be required before settlement can be agreed.
The medical expert will often comment on any further treatment needs and/or further investigations that may be required, and where appropriate we can assist you in following those recommendations so that no stone is left unturned in your bid to make a full recovery.
A common issue is the length of time a back injury claim can take to resolve. There's more information on this elsewhere on our website <click here to go to that page>, but even when injuries appear relatively minor, they can take a long time to resolve.
It's even possible for simple soft tissue injuries to cause permanent injuries, and where this is the case it will often take two or more years to settle a claim, because medical experts will generally wait until the two year mark before they're willing to rule out further recovery being made.
Another common back injury claim issue we deal with concerns the presence of pre-existing conditions. In simple terms, many adults have some degree of degenerative changes occurring in their neck and back, simply as a result of the ageing process.
Thankfully, many of us will live most of our lives without ever suffering from the symptoms of these changes, but accidents can speed up those natural changes. Often, medical experts we instruct may want to see MRI (Magnetic Resonance Image) scans and x-rays to establish whether there was any relevant medical history, as well as reviewing notes and records from a client's GP, hospital and any treating specialist such as a physiotherapist. Again, when this is necessary, the overall progress of the claim can be delayed because of the time it takes to gather all the information.
What do I do next?
Contact us on 03700 86 86 86. Our trained staff are available to discuss the details of your claim with you, and to ensure that you're given the best possible advice at an early stage.
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