Back Injury Claim in Weston-Super-Mare
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Back injury can be notoriously difficult to attribute a cause to, and over 60% of workers will visit their GP with back pain during their working life. It is certainly often the case, though, that an accident can be the principal factor behind back pain.
Back injury has a wide range of causes, but the more common include lifting objects incorrectly, road traffic accidents and falls. Surprisingly, there needn't be any single traumatic event to cause long-term back injury.
What are the effects of back injury?
There may not be a sudden onset of pain - it might develop over a day or so. Effects can range from slight stiffness to severe disability. Back trauma can also lead to chronic conditions such as arthritis or degeneration of discs. The most severe back injury cases can involve disfunction of other organs such as incontinence or impotence.
How much compensation can I get for a back injury?
At one extreme, a minor back injury such as a mild strain with full recovery can see compensation of up to £4,000. At the other extreme, severe back injury affecting other bodily functions claims can win £50,000 - £80,000.
Damages Award for Injury in Weston-Super-Mare
How are damages for injury arrived at?
An award of damages for injury consists of two parts. The most immediately obvious effects of your injury are covered by damages for “General Damages”. This part of your compensation award covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your damages will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your award involves financial loss or additional costs. Under this heading will come damages for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for being awarded damages?
If you are to win damages, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be awarded damages.
Will a pre-existing condition reduce my damages award?
On the contrary, any award for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.
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