Useful information

• Personal Injury Claim
• Road Accident Claim
• Serious Injury Claim
• Medical Negligence Claim
• Birth Injury Claim
• PIAB Application Guide
• Statute of Limitation
• No Win No Fee Guide

Back Injury Claim

A back injury claim in Ireland involves seeking compensation for injuries sustained to the back due to various circumstances. The severity of the injury and its impact on the claimant’s life determine the compensation amount. The claim considers factors like age, injury nature, required medical treatment, impact on work, quality of life, psychological effects, and prognosis. Back injury claims range from the most severe involving spinal cord damage to minor sprains and strains. Causes include workplace accidents, road traffic incidents, falls, sports injuries, medical negligence, assault, and defective products.

Types of back injuries and associated awards

Reference: Personal Injuries Guidelines

The Personal Injuries Guidelines outline various categories of back injuries, each with a corresponding range of potential compensation awards. These categories are based on the severity and impact of the damages. It’s important to note that the awards mentioned are general ranges and may vary based on individual circumstances and specific case details.

1. Most severe back injuries (€150,000-€300,000)

This category includes cases where back injuries fall short of paralysis but involve damage to the spinal cord and nerve roots, resulting in severe pain and disability. The injuries could lead to incomplete paralysis, impaired bladder and bowel function, and sexual function issues.

2. Severe and serious back injuries (€90,000-€140,000)

This category covers injuries that are less severe than the most severe category but have unique features that set them apart from lower brackets. These features might include nerve root damage, loss of sensation, mobility impairment, bladder and bowel dysfunction, sexual function problems, depression, personality changes, addiction issues, work impact, and the potential for unsightly scarring.

3. Moderate back injuries (€35,000-€55,000)

This category encompasses a broad range of injuries resulting in residual disability of varying severity. Examples include compression/crush fractures of lumbar vertebrae with a risk of osteoarthritis, traumatic spondylolisthesis requiring possible spinal fusion, prolapsed intervertebral discs needing surgery, and damage to intervertebral discs causing nerve root irritation and reduced mobility.

4. Less Severe back injuries (€20,000-€35,000)

This category includes injuries causing disturbance of ligaments and muscles, leading to pain and discomfort. It also covers soft tissue injuries that exacerbate pre-existing back conditions for a prolonged period (usually five years or more).

5. Minor back injuries (€500-€3,000 to €12,000-€20,000)

This bracket involves less serious injuries such as sprains, strains, and soft tissue injuries. The compensation amount varies based on the duration of recovery and the impact on the claimant’s life. Recovery periods ranging from six months to two years are considered, with corresponding compensation ranges.

Considerations affecting the level of award

Reference: Personal Injuries Guidelines

When determining the compensation award for a back injury claim, various factors are considered, as outlined in the Personal Injuries Guidelines. These factors include:

1. Age: The claimant’s age can impact the severity of the injury’s impact on their future quality of life.
2. Nature, severity, and duration of injury: The extent of physical and emotional suffering from the injury.
3. Medical intervention and treatment: The type and extent of medical treatment required for recovery.
4. Degenerative changes: Pre-existing or potential degenerative changes in the spine, which may affect recovery.
5. Impact on work: The injury impacts the claimant’s ability to work and earn a livelihood.
6. Quality of life and leisure activities: How the injury affects the claimant’s daily activities.
7. Personal relationships: The injury impacts the claimant’s relationships with family and friends.
8. Psychological sequelae: Any psychological effects, such as depression, resulting from the injury.
9. Prognosis: The likelihood of future recovery or improvement.

Causes of back injury claims

Back injury claims in Ireland can result from various situations and accidents, including:

1. Workplace accidents: Injuries sustained due to lifting heavy objects, slips, trips, and falls, or repetitive tasks that strain the back.
2. Road traffic accidents: Back injuries can occur due to car accidents, especially rear-end collisions, where the force can impact the spine.
3. Falls: Accidental falls, whether on public premises, private property, or uneven surfaces, can lead to back injuries.
4. Sports and recreational activities: Participating in sports or recreational activities without proper precautions can result in back injuries.
5. Medical negligence: Surgical errors, improper medical treatment, or misdiagnosis leading to back injuries can also give rise to claims.
6. Assault or violence: Physical altercations or assaults can cause traumatic back injuries.
7. Defective products: Back injuries might occur due to defective products, such as faulty chairs, car seats, or other furniture.
8. Slips and trips: Slipping on wet floors or tripping over obstacles can lead to falls that cause back injuries.

It’s important to note that each back injury claim is unique, and the circumstances surrounding the injury will significantly determine liability and potential compensation. Please consult with our back injury team for personalised advice and assistance tailored to your specific situation.

The back injury claim application process

1. Seek assistance from our back injury solicitor

Our team of experienced back injury solicitors is available to guide clients through the process of making a back injury claim. Utilising a solicitor can simplify the paperwork and filing required for this process.

2. Apply to the Personal Injuries Assessment Board (PIAB)

The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:

• Workplace injury
• Road traffic accidents
• Catastrophic injury
• Accidents in public places

3. Provide necessary information and documents

Your solicitor will gather evidence, medical reports, and other expert reports, and submit them to PIAB for assessment.

4. Obtain consent for claim assessment

Once the application is made, PIAB will notify the defendant(s) and they must indicate within 90 days if they consent to the assessment of the claim. If consent is given, PIAB will proceed with the assessment. If denied, PIAB will grant authorisation for court proceedings.

5. Claim assessment

The assessment process usually takes about 9 months. If both parties accept PIAB’s assessment, an order to pay will be issued and must be discharged by the defendant(s) within 10 days. If rejected, an authorisation for court proceedings will be granted.

Statute of Limitations

You have two years from the date of the accident within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these.

To learn more about the statute of limitation for a back injury claim, click here.

Why choose Coleman Legal LLP?

At Coleman Legal LLP, we understand our client’s circumstances. We understand that because you are reading this part of our website, you have likely been involved in an accident and perhaps have been injured. It’s at times like this that you need the support of an experienced firm that can assist you with the practical issues that now confront you as a result of the fault of another.

For example, you may need to understand your Social Welfare entitlements should you be out of work.  Also, it’s important for you to know that your legal advisers will obtain all of the important Reports that may be required to ensure that you get the best outcome in your case.

We provide a national service and can meet you locally to ensure that you have a voice and access to the best advice and resources that may be needed in your particular case.

Our service is about you, the client and we speak plain English with no unnecessary legal jargon. Our teams have dealt with thousands of claims over many years and pride ourselves in our respectful and concerned approach to al of our clients.

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60

Contact Details

Free Phone: (1800)844104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
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