Injury Law Specialists

England & Wales

Solicitors for Back Injuries

Back injuries are among the most common consequences of an accident, and among the most misunderstood. A back injury that does not show on a scan can still make it painful to sit, stand, lift or sleep, and can end a career that depends on physical work. Our personal injury solicitors and lawyers act for people in that position across England and Wales.

These claims are often treated as straightforward when they are not. Proving what a back injury has cost someone, particularly where the symptoms persist beyond the usual recovery period, takes careful medical evidence.

Free initial claim assessmentNo Win No Fee may be availableClients throughout England & Wales

Can I claim compensation for a back injury?

Yes, if the injury was caused by someone else's negligence. A back injury claim can be brought where another person, employer or organisation failed to take reasonable care and that failure caused the harm. Back injuries range from soft tissue strains that resolve within weeks to disc damage and chronic pain lasting years, and the value of a claim depends on the medical evidence about severity and prognosis rather than on the label attached to the injury.

Many back injuries are muscular or ligamentous, and most settle within a few weeks or months. Where symptoms persist beyond the expected recovery period, that needs to be explained medically rather than simply accepted, because insurers will look closely at whether the ongoing symptoms are attributable to the accident.

More serious back injuries involve damage to the discs, the vertebrae or the nerves. A prolapsed disc can press on a nerve root and cause pain, numbness or weakness in a leg, and in some cases requires surgery. Where the injury affects the ability to work, particularly in physically demanding jobs, the financial consequences can far outweigh the injury itself.

Key takeaways

  • Injury Law Specialists provides access to solicitors and lawyers handling back injury claims throughout England and Wales.
  • Compensation has two parts: general damages for the injury itself, and special damages for the financial losses it caused.
  • Most personal injury claims in England and Wales are subject to a three year limitation period.
  • No Win No Fee may be available, subject to an assessment of the case and the funding terms.
  • Legal services are provided by MB Solicitors, trading name of MB Legal Solicitors Ltd, regulated by the SRA under SRA ID 8000764.

Types of back injury

The lower back, or lumbar spine, is the area most often injured, because it carries most of the body's weight and is involved in almost every movement. Injuries higher up the back are less common but can be equally significant.

The distinction that matters most in a claim is between injuries that are expected to resolve and those that are not. Medical evidence on prognosis, meaning the expert's view of how the injury is likely to develop, is central to valuing the claim. Where the prognosis is uncertain, it is often sensible to obtain an updated report before settling.

Soft tissue and muscular injuries

Strains and sprains to the muscles and ligaments. Most improve within weeks, but a minority cause persisting pain and stiffness that needs explaining medically.

Disc injuries

Damage to the discs between the vertebrae, including prolapsed or herniated discs, which can press on nerves and cause pain, altered sensation or weakness in a limb.

Vertebral fractures

Breaks to the bones of the spine, which may require surgical fixation and can leave lasting pain, restriction and a risk of further problems.

Nerve root compression

Where a nerve leaving the spine is compressed or irritated, causing pain, numbness or weakness in the area the nerve supplies, often down a leg.

Sciatica

Pain radiating from the lower back down the leg, usually caused by irritation of the sciatic nerve, which can be severe and limiting.

Chronic back pain

Persisting pain where the original injury has healed. It needs careful medical evidence, because insurers examine these claims closely and the explanation has to be sound.

What evidence these claims need

Because back injuries often involve soft tissue, the medical records from the time of the accident matter a great deal. They show what was reported, how the injury was treated and how long the symptoms have been present, which helps establish the link between the accident and the ongoing problem.

Where a return to work is in question, evidence about the physical demands of the job is often needed. That may come from a report from a treating physiotherapist or an occupational therapist, together with information about what the role actually requires.

Evidence we look for

  • The accident record and any police report
  • Medical records, including GP and hospital notes
  • Imaging including X-ray and MRI scans
  • Physiotherapy and treatment records
  • A medical report on severity and prognosis
  • Evidence about the physical demands of your work
  • Payslips and records of lost earnings
  • A note of how the injury affects daily tasks at home

What compensation can include

Compensation is built from the injury itself and from the financial consequences it has caused. Both have to be evidenced, and what is recoverable depends on your own circumstances.

Pain, suffering and loss of amenity

General damages for the injury itself and the effect it has on your life, including the activities, work and everyday tasks you can no longer manage as before.

Loss of earnings

Pay lost while you were recovering, and where the injury affects your ability to work in future, the difference between what you would have earned and what you can now earn.

Medical and treatment costs

Treatment you have paid for, physiotherapy, prescriptions and private care, along with the cost of treatment you are likely to need in future.

Care and assistance

Help with household tasks, childcare, gardening and personal care while you recover, whether paid for or provided by family members who stepped in.

Travel and other expenses

The cost of getting to medical appointments, aids and equipment, and other expenses the injury has caused that can be supported by receipts.

Future losses

Where the injury has lasting effects, compensation can include future treatment, ongoing care, equipment, and the longer term effect on your earning capacity.

We do not publish figures for particular injuries, because compensation is not decided by the injury name alone. Two people with the same diagnosis can receive very different awards depending on severity, how long symptoms last, the medical prognosis and the financial losses each has suffered. Any reliable figure has to come from the medical evidence in your own case.

How personal injury compensation is assessed

How these injuries typically arise

The cause of the accident changes who the claim is brought against. It does not change the way the injury itself is assessed.

Solicitors for Road Traffic Accident Claims

Where the injury happened on the road, including as a driver, passenger, rider, cyclist or pedestrian.

Road traffic accident claims

Solicitors for Accidents at Work Claims

Where the injury happened at work because of unsafe conditions or an employer's negligence.

Accidents at work claims

Solicitors for Public Place Accident Claims

Where the injury happened on premises open to the public, such as a shop, restaurant or pavement.

Public place accident claims

Solicitors for Serious Injury Claims

Where the injury is life changing and long term care and future loss must be considered.

Serious injury claims

What our solicitors do for you

  • Assess the circumstances and explain whether there may be grounds to claim
  • Identify who was responsible and put the case to their insurer
  • Gather the evidence, including records and footage before it is lost
  • Instruct independent medical experts on the injury and prognosis
  • Work out the value of the claim, including lost earnings and expenses
  • Handle the correspondence so it does not land on you
  • Advise on any settlement offer, including when to challenge one
  • Issue court proceedings where they become necessary

Back Injuries: frequently asked questions

My back injury does not show on a scan. Can I still claim?

Yes. Many back injuries involve muscles, ligaments or soft tissue that imaging does not show, and this does not prevent a claim. What is needed is medical evidence connecting the symptoms to the accident and explaining the prognosis. Insurers do examine these claims closely, so the quality of the medical evidence matters, but the absence of findings on a scan is not a bar to claiming.

How long do back injury claims take?

A straightforward soft tissue claim where responsibility is admitted and the injury settles may conclude in six to nine months. Where symptoms persist, or where the prognosis is uncertain, it usually takes longer, because the claim cannot sensibly be valued until the medical picture is clear. Obtaining an updated report after a further period is often the right course.

What if I had a back problem before the accident?

That does not prevent a claim. Where a pre-existing condition is made worse by an accident, compensation can be claimed for the additional harm the accident caused. The medical expert will usually be asked to distinguish between the underlying condition and the deterioration caused by the accident, and the claim reflects only the latter.

Can I claim if my employer required me to lift beyond what was safe?

Yes, and this is one of the most common workplace claims. Employers are required to assess manual handling risks and reduce them so far as reasonably practicable, including by providing equipment or changing the system of work. Where they do not, and an injury follows, there is often a strong claim, and the absence of a risk assessment is telling evidence.

Will I need to be examined by a doctor chosen by the other side?

The other side may ask for an examination by a medical expert of their choosing, and this is normal in back injury claims. You are entitled to have the examination conducted fairly and to see the report. We will advise you on what to expect and, where a report is disputed, on how to challenge it with further evidence.

Can I claim for the effect on my ability to work?

Yes, where it can be evidenced. If you can no longer do heavy work, or can only work fewer hours, or have had to take a lower paid role, the financial difference forms part of the claim. This is often the largest element in a back injury claim involving physical work, and it needs evidence about both the injury and the demands of the job.

What can compensation cover in a back injury claim?

Compensation has two parts. General damages cover the injury itself and its effect on your life. Special damages cover the financial losses it caused, such as lost earnings, treatment costs, travel and care. Both have to be evidenced, and what is recoverable depends on your individual circumstances.

Is there a time limit for claiming?

For most back injury claims in England and Wales the limit is three years from the accident. Where the injury developed gradually rather than from a single incident, the three years usually runs from the date you knew or ought to have known that the injury was connected to what happened. Different rules apply to children and to people who lack capacity.

The answers above explain the position generally. Nothing on this page is medical advice, and any medical questions should be directed to your treating team. Every claim turns on its own facts.

Who provides the legal services

Injury Law Specialists is a marketing and advertising platform and is not a law firm or a provider of regulated legal services. All personal injury legal advice, legal services, casework, representation, legal support, and any free initial assessment or consultation promoted or arranged through Injury Law Specialists are provided by MB Solicitors, a trading name of MB Legal Solicitors Ltd.

MB Legal Solicitors Ltd is a company registered in England and Wales under Company Number 12281731. The firm is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA ID 8000764 and is a member of The Law Society. Injury Law Specialists does not itself provide legal advice or carry out reserved legal activities. Any solicitor-client relationship arising from an enquiry will be directly between the client and MB Legal Solicitors Ltd.

Read our Regulatory Information

Not sure whether you can claim for your injury?

Tell us what happened and a member of our team can explain whether there may be grounds to claim, what evidence would be needed and how the process would work. The assessment is free, and speaking to us does not commit you to anything.

Free initial claim assessmentNo Win No Fee may be availableClients throughout England & Wales