How can I tell how much compensation for a back injury I will be entitled to receive?
How much compensation for back injury that can be claimed depends on several factors, each of which can substantially alter the level of damages that can be recovered. The three most important elements which must be considered when calculating back injury compensation amounts are as follows:
- The severity of the injury and the pain and suffering it has caused
- The time taken to recover and if permanent disability has been caused
- Whether you were partially responsible for the cause of the accident
The pain caused by back injuries can be debilitating, and an injury to the back can see the victim bed-ridden for days, weeks or even months. Back injury compensation amounts must therefore reflect the severity of the injury and the pain and suffering caused. Loss of amenity should also be included in the compensation amounts. If you have been prevented from performing everyday activities, or have not been able to enjoy life as a result of your back problems, compensation amounts for a back injury must reflect these quality of life issues.
When the back is injured it can cause long term weakness in the muscles, ligaments and joints of the spine, which can lead to a lifetime of health problems or even permanent or long term disabilities. Before it is possible to tell how much compensation for back injury is applicable, you must first have a thorough diagnosis and prognosis made by a back injury specialist. Only when the full extent of the injury and its implications for long term health are known will it be possible to calculate the value of your claim for injuring the back in an accident.
Any contributory negligence on your part also needs to be considered. If you played a small part in the cause of the accident or in the severity of the injury you sustained, it is probable that the damages which can be recovered will be reduced. It is only possible to claim for the injuries that were caused due to third party negligence.
Compensation amounts for a back injury can also be affected by many other factors, albeit not to such a great extent as those already mentioned. Your age, sex and general state of health can affect how much compensation you can claim. A claim for injuring the back can also be made for special damages, which are concerned with recovering costs associated with the accident and injury. Special damages can increase the amount of personal injury compensation considerably, especially if you have not been able to work as a result of your injury and have lost earnings.
Medical treatment costs can also be recovered, including physiotherapy, chiropractic treatments and back surgery if appropriate. Home help costs, the cost of alternative transportation and prescription charges can also be recovered.
Because there are so many elements that must be considered, it is not possible to tell you how much compensation for a back injury that can be claimed. For an accurate assessment of the level of damages which is applicable in your case, you should allow a personal injury solicitor to investigate your claim.