The reported back injury that Lewis Hamilton sustained during the Azerbaijan Grand Prix shows both how easily a spinal injury can happen and the consequences it can cause.  At modest back injury will be painful, debilitating and can cause loss of earnings and other expenses.  At worse it can be life-changing and require specialist housing, care and medical attention.  Lewis is likely to sit out the next round of the F1 season but will hopefully be back before too long.

How do you know if you have a claim for a back injury?

In order to succeed in any claim for compensation you must prove these three things –

  1. Breach of Duty – that the incident happened as a result of someone else’s negligence;
  2. Causation – that your injury was caused by the incident or, more specifically that the injury wouldn’t have happened without the incident;
  3. Damage – the extent of injury and any financial losses that you have suffered

Liability

In most cases, if you are an employee or work under the control of another person or company, they will have a duty of care to take reasonable steps to ensure your safety.  If they don’t, they will likely have breached their duty of care – i.e. been negligent.

Reasonable steps often means assessing potential risks and then taking steps to avoid or minimise those risks to the lowest practical level.  For example by completing a risk assessment, developing a ‘safe system of work’ (SSoW), giving training to teach that SSoW and ensuring adequate opportunity and supervision to ensure the SSoW is followed.

It is important to re-assess the level of risk following any material changes such as wear and tear of old equipment, introduction of new equipment or processes or moving to a new location.

Causation

It is easy to tell when an injury occurs but it is harder to establish its cause.

Degeneration or ‘wear and tear’ starts to happen as soon as we stop developing.  Studies have shown around 37% of people in their 20’s have spinal degeneration, many without any symptoms.  By age 50 this increases to more than 90%.

A specialist lawyer working with a suitable medical expert will be able to advise you on the likely condition of your back before the incident and the extent of damage that the incident has caused.

The psychological effect of any significant injury should not be overlooked and may need separate assessment.

Damage/losses

Once the ‘accident related’ injury has been determined your lawyer will speak with you about the consequences that injury has on your work, home, leisure and social life.  They will work with you to assess the impact, loss or cost of things such as:

  • Loss of Income – earnings, benefits, pension contributions, bonuses
  • Care / Assistance – the time that friends and family have spent doing jobs that you would have done for yourself or the cost of professional carers or tradesmen that you have employed
  • Medical Expenses – treatment, medication, equipment
  • Technology – developments in medical and assistive technology can help to restore or support mobility and independence
  • Accommodation – in some cases you may need alterations to make your accommodation safe or even different accommodation altogether, such as a single story house.

Why Choose Ringrose Law?

Our nationally recognised specialist team help people with all types of back and spinal injury from strains and sprains to spinal cord damage and paralysis.

Our experience can help to identify and secure rehabilitation treatment to ensure you have the best chance of making a full recovery and interim payments to restore financial independence.

We work tirelessly to support your needs throughout the claim and beyond.

We have secured compensation that literally changes the lives of the people we act for.

 

Contact our team on 01522 561020 or email wecanhelp@ringroselaw.co.uk 

 

 

How can we help?

    Contact Details
    This site is protected by reCAPTCHA and the Google Google Privacy Policy, Our Privacy Policy and Terms of Service apply.