Anyone who has suffered a back injury will attest to the pain, suffering and loss of mobility it can cause. Back damage or injuries can develop slowly over time, perhaps due to poor seated or standing posture in a work setting, or suddenly, potentially due to a slip, trip, fall, or other accident. Unfortunately, the nature of back injuries means that long periods of recovery may be needed before normal day to day life can resume, and in some situations, the damage is such that complete recovery may not be possible.
At Lavelle Solicitors, having successfully managed many cases of back-related personal injury, we understand that it is not just the injured party who suffers. Often immediate family are left trying to deal with the emotional and financial implications of the damage caused. If the person injured is the primary income earner for the family, their inability to return to work following the injury can lead to significant money worries. Or if it is the individual who routinely cares for the day to day needs of the family who is injured, this can place additional stress on the other family members.
If your back injury was caused by the negligent actions of another person or business entity, it might be possible to bring a claim against that party to bring them to account for their actions (or inaction), and, in addition, you may wish to seek recourse for the pain, suffering, loss of amenity, and monetary costs the injury has caused.
By entrusting Lavelle Solicitors to manage your claim, you can be assured we have the best interests of you and your family at the heart of what we do. We will work tirelessly to support and guide you through the claims process with empathy, compassion, and care.
What type of back injury can I claim for?
You may be able to bring a claim for a wide range of back injury types, including (but not limited to):
- Spondylolisthesis: A slipped vertebra typically at the base of the spine;
- Cervical Radiculopathy: Damage to the nerve roots of the cervical spine, which can cause pain, weakness, and loss of sensation in the upper limbs and body;
- Prolapsed (slipped) disc: Whereby a disc of intervertebral cartilage moves out of position causing it to compress spinal nerves;
- Sciatica: Irritation of the sciatic nerve which runs the full length of the back;
- Ligament damage; and
- Sprains and strains.
In most cases, it will be immediately apparent that a back injury has occurred due to extreme pain. Other symptoms include pain radiation down the legs, and pain which worsens when moving, bending or lifting, and muscle aches.
Back injuries can take many months or years to become apparent, such as those caused by poor working posture (e.g. when seated at a desk or when working on machinery). Employers have a duty to protect workers from this type of injury by providing health and safety assessments of working posture and making corrective changes.
Accidents, however, can cause serious back injuries due to sudden trauma and force, perhaps due to a falling object, being hit by a moving object, motor vehicle accident, slip, trip, or fall.
Who is liable for my back injury?
Back injuries can be caused by accidents due to negligence in a range of contexts including (but not limited to):
- Educational establishments
- Public facilities
- Road traffic accidents
- Healthcare settings
- Military facilities
- Supermarkets or other retail establishments
- Construction sites
Regardless of where the injury occurred, it will be necessary to establish who is at fault for the accident which led to the back injury. Depending on the situation, this may be a local authority, public entity, building contractor, employer, a private company, or an individual.
Do I have grounds for a back injury claim?
To bring a claim against a negligent party for your injuries, it will be necessary to prove:
- The party owed you a duty of care – if you were not owed a duty of care, no claim can be brought, and;
- The duty of care was breached, and;
- The breach of care led to your back injury.
This means that in some contexts, it may not be possible to make a claim because there is a lack of proof that negligence occurred. One of our primary roles will be to establish if there are grounds for a claim and if so, to create a compelling case that proves the other party held legal culpability which they breached, leading to your injury.
If you are unsure if the circumstances of your back injury are grounds for a claim, please contact one of our back injury solicitors today who will take the time to listen to the details of your case and advise you of your legal options.
What may a claim for back injury cover?
Claims following back injuries due to negligence may cover two areas of loss:
- Pain and suffering due to the injury; and
- Specific costs resulting from the injury caused. This may cover costs already incurred, such as transport, accommodation, and medical treatment, and expected future expenses, such as physical therapy and care costs.
The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
How Lavelle’s back injury Solicitors can assist you in bringing a claim
- Lavelle Solicitors have successfully managed many cases of back injury caused by the negligence of another party.
- Our personal injury team, headed by partner, Avril Scally, who herself has over 15 years’ experience in personal injury claims, place client care at the centre of everything they do.
- From the first moment you speak to one of our solicitors, we will listen to your case carefully and with empathy and will only recommend advancing your case if we believe you have a valid case.
- We have both the legal expertise and understanding of the real-life challenges faced by individuals and their families following such events.
- Our solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including medical notes and managing the submission of your personal injury claim.
By allowing us to handle your claim on your behalf, you can focus on what is most important, your recovery and care, or that of your family member or loved one.
For further information on making a claim for back injury in Ireland, please contact Lavelle Solicitors in confidence on (01) 644 5800 or email Avril Scally at [email protected]