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How To Claim Fractured Vertebrae Compensation

If an accident that wasn't your fault fractured your vertebrae, compensation could be yours. Learn how we can help you claim below

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Last Updated On 5th June 2025. If you have broken your neck or back in an accident that wasn’t your fault, you could get help with your fractured vertebrae through compensation.

You may think you don’t have the time or resources to make a claim, especially if you are dealing with the effects of such profound injuries.

According to The Walton Centre NHS Foundation Trust, traumatic spinal fractures can take 3-6 months to heal, with full recovery taking as long as 2 years or more. In that time, you may be unable to work or pay for vital physiotherapy.

This detailed yet simple guide will explain what a personal injury claim could do to change that. It will explain who is eligible to take action and break down how much compensation you could receive. Finally, it will explain what we can do for you.

You have rights. You are not alone.

Contact us today.

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A person in a white t-shirt places their hand on their painful lower back.

What Is A Fractured Vertebra?

A fractured vertebra is a break to any of the 33 small bones between your skull and pelvis. This group of bones makes up your spine, which is why these injuries are sometimes called spinal fractures.

There are three types of spinal fractures:

  • Chance – vertebrae are suddenly pulled apart.
  • Burst – vertebrae are suddenly pressed together.
  • Compression – vertebrae are damaged over time by wastage or wear.

If you have experienced any of these, you may be eligible to claim fractured vertebrae compensation. Contact our advisors using the details at the top of this guide to discuss your particular case.

What Are Fractured Vertebrae Compensation Claims?

You can seek fractured vertebrae compensation if you suffered spinal cord injuries as a result of a third party’s actions or inactions. However, to do so, you must prove that:

  • That party owed you a duty of care.
  • That party breached their duty of care.
  • That breach caused your injuries.

A duty of care is an obligation to maintain a certain standard of care. Different relationships involve different duties. We look at a few life scenarios in which you are owed a duty of care in the following subsections.

Accidents At Work

The Health and Safety at Work etc. Act 1974 places a duty of care on employers to take reasonably practicable steps to ensure the safety of their staff while at work. They must make sure everyone is protected from harm by providing proper training, supervision, and, if needed, Personal Protective Equipment (PPE). If you were injured because of any failure to do so, they would be liable.

  • Your employer fails to train you in proper manual handling. As a result, you sustain a back injury.
  • Your employer does not supervise a trainee who causes a scaffolding accident. It falls and breaks your neck.
  • You are repairing roads at night, and your supervisor has not provided you with high-visibility clothes. This causes a car crash, fracturing your lower vertebrae.

A builder in a high-visibility vest and hard hat tends to another who is injured on the floor of a construction site.

Accidents in a Public Place

The Occupiers’ Liability Act 1957 places a duty of care on anyone who controls a public space to keep everyone within that space reasonably safe. If someone controls a public space in which someone is injured, they may be negligent if, within reason, they could have prevented that injury.

  • A council takes too long to repair a broken pavement. You trip on this pavement and hit your head on a parked car, breaking your neck in two places.
  • Your local gym fails to carry out maintenance on equipment which collapses while you are using it. Your back is severely damaged.
  • A cafe does not place a warning sign over a spillage. You slip and suffer a fractured neck in three places.

Road Traffic Accidents

Road users owe a collective duty of care to one another to avoid endangering anyone else. This entails adhering to The Road Traffic Act 1988 and The Highway Code.

  • While looking at their phone, a driver misses you slowing down at a junction. They crash into you, causing a lumbar fracture.
  • A motorcyclist changes lanes without indicating, causing you to brake suddenly. Your car spins and crashes into a reservation, and you sustain a serious spine injury.
  • You are crossing the road as a pedestrian. A driver hits you while driving 20 mph over the speed limit, breaking your neck and back.

Negligence on the road is often a criminal offence. This does not prevent a personal injury claim. If you are unsure of your case, our advisors are available via the information at the top of this page.

How Long Do I Have To Claim For Spinal Fractures?

The Limitation Act 1980 allows you to claim fractured vertebrae compensation for three years after the accident that caused your injury. On the third anniversary and after, you are time-barred and cannot make a personal injury claim anymore.

There are exceptions:

  • Children must wait until they turn eighteen or the courts can appoint a litigation friend to help them, at which point their three years will begin. A litigation friend is a trusted parent or guardian who can ensure the claim is in their best interests.
  • A person who lacks the mental capacity to act in their own best interest must appoint a litigation friend. This can be any trusted person in their life. They can also claim themselves if they regain this capacity. If this occurs, they will have three years to claim.

Contact our team if you believe this may apply to you. Their details are at the start of this guide.

What Evidence Can Help Me Claim Fractured Vertebrae Compensation?

To claim fractured vertebrae compensation, you will need evidence that proves liability for your injury.

  • Incident Reports – The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) requires that organisations of ten staff or more keep a record of healthy and safety incidents.
  • Media – Article 15 of UK General Data Protection Regulation gives you the right to request documents, photos, or videos in which you or your data appear.
  • Medical Reports – You must have been diagnosed with fractured vertebrae by a medical professional to claim. GP and physiotherapy records can also help.
  • Expert Report – A relevant professional can link your injuries to the accident that caused them. For example, a civil engineer could advise on the likelihood that it was the construction company’s fault that a roof collapsed on you.
  • Witness Contact Details – our solicitors can work with anyone who saw your accident to establish the facts in support of your claim.

Our solicitors can help you gather all of this evidence. If you would like to talk about a particular piece of evidence you believe may help, our contact details are at the top of this page.

A yellow plastic sign warns of a wet floor at the bottom of a concrete staircase.

How Much Compensation For A Fractured Vertebrae?

How much fractured vertebrae compensation you could be entitled to depends on how serious the injuries are. Furthermore, there are two heads of claim that this compensation could be paid under, these are:

  • General damages, which compensate for the physical and psychological harm caused.
  • Special Damages, under which financial harm may be reimbursed.

When determining general damages amounts in fractured vertebrae claims, solicitors can make reference to your medical documents in conjunction with the Judicial College Guidelines (JCG). 

This publication contains guideline compensation figures for a broad range of injury types. The figures for spinal damage have been included in the table here.

Compensation Table

Please be advised that the first entry is not a JCG figure and that this information has been included for guidance purposes only.

Type of InjurySeverityGuideline Compensation Figure
Multiple Very Severe Injuries with Special DamagesVery SevereUp to £1,000,000 +
ParalysisTetraplegia (a)£396,140 to £493,000
Paraplegia (b)£267,340 to £346,890
Back InjuriesSevere (a)(i)£111,150 to £196,450
Severe (a)(ii)£90,510 to £107,910
Severe (a)(iii)£47,320 to £85,100
Moderate (b)(i)£33,880 to £47,320
Moderate (b)(ii)£15,260 to £33,880
Minor (c)(i)£9,630 to £15,260
Minor (c)(ii)£5,310 to £9,630

Can I Claim For The Long Term Impact Of A Vertebral Fracture?

So long as you have evidence, you can recover material losses caused by your injuries. These are known as special damages and include:

  • Loss of earnings – recent payslips would prove this, as would a letter from your employer confirming any likely career progression.
  • Loss of other benefits – you can show this with a letter from your pension provider listing your entitlement and contributions.
  • Medical expenses – invoices or quotes are the best evidence, depending on your stage of rehabilitation.
  • Costs of adjusting your home – recommendations from a medical expert would demonstrate this and invoices from builders could prove how much you spent.

If you’d like to get a more personal assessment of the potential fractured vertebrae compensation amount that you could be entitled to, please reach out to us today by clicking below:

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Claim For A Spinal Fracture Using A No Win No Fee Solicitor

Our personal injury solicitors understand how life changing spinal fractures can be, and they have decades of experience helping people get the compensation they deserve.

They can provide:

  • Industry-leading expertise.
  • Advice tailored to your particular situation.
  • Time and resources to gather your evidence.
  • Cutting-edge professional knowledge.

A solicitor in a black suit stands in front of digital image of scales, advising on how to claim fractured vertebrae compensation.

They also understand that many people cannot pay for their services outright.

By signing a Conditional Fee Agreement (CFA) with our solicitors, they will be able to work for you on a No Win No Fee basis. With this document comes piece of mind:

  • No direct fees, upfront or otherwise.
  • Pay a small capped percentage of the compensation awarded to you only if you win.
  • Pay absolutely nothing if you lose.

If you think you have a claim, contact our advisors today for a free initial consultation. There’s no obligation. Just the help you need.

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Frequently Asked Questions (FAQ) On Fractured Vertebrae Compensation Claims

Below, you can find answers to some common questions on making a fractured vertebrae compensation claim:

What’s The Difference Between Fractures In The Neck, Back Or Lower Spine?

A fractured vertebra can occur in different regions: cervical (neck), thoracic (upper/mid back), lumbar (lower back) or sacral. The region affected strongly influences symptoms, mobility impact, treatment complexity, and compensation.

For example, a cervical fracture with nerve involvement may carry much higher compensation than a compression fracture in the lumbar spine.

Can A Vertebra Fracture Also Cause Nerve Or Spinal Cord Damage?

Yes. If a vertebral fracture impinges on nerves or the spinal cord, you may sustain neurological injury—such as loss of sensation, muscle weakness, or paralysis.

In such cases, compensation must account not only for the bone fracture but also for the additional injury, which significantly increases the value of the claim.

How Are Future Costs (Care, Therapy, Adaptations) Included In The Claim?

When you make a claim, special damages cover all quantifiable costs: rehabilitation, physiotherapy, medical equipment (e.g. braces, wheelchairs), home adaptations, attendant care, and future medical treatments. As part of the claim, we can help obtain projections and expert reports to demonstrate these costs.

What If I Was Partly To Blame For The Accident (Contributory Negligence)?

Under UK law, a claim may still succeed even if you bear some fault. The court or parties may apply contributory negligence, reducing your award proportionally to your share of blame (e.g. 10–30%).

How Long Does A Fractured Vertebrae Claim Take To Settle?

It depends on severity, complexity, and disputes. Simple claims may settle in 12–18 months, whereas claims with neurological injury or disputed liability can take longer.

Can I Get Interim Payments During My Claim?

Yes, in serious injury cases, you can apply for interim (advance) payments before final settlement to cover urgent needs (e.g. medical bills, care). Courts may order this where liability is admitted or appears strong, especially when delay would cause hardship.

What Is The Time Limit (Limitation) For Claiming Fractured Vertebrae Compensation?

In most cases, you must start your claim within 3 years from the date of the injury or from when you became aware of it (date of knowledge). However, there are exceptions (e.g. children, mentally incapacitated persons).

What Happens If The Fracture Was Misdiagnosed Or Treatment Delayed?

If medical negligence worsened your injury—say, a vertebra fracture was missed initially—then you may claim additional compensation for the worsening caused by the delay. This becomes a combined personal injury and medical negligence claim, and you need to show how the delay changed the outcome you would otherwise have had.

What Role Do Medical Experts Play In The Claim?

Experts are critical. Orthopaedic surgeons, neurologists, radiologists, physiotherapists, and rehabilitation specialists provide reports that assess causation, prognosis, impairment, and cost estimates. Their opinion helps establish how your life is affected, what future support is needed, and validates your compensation amount.

More Useful Resources About Making Personal Injury Claims

More help from us:

Useful links from the rest of the Internet:

Thank you for reading our guide on fracture vertebrae compensation. If you need any further information, please get in touch.

  • Patrick Mallon legal expert author

    Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and Head of our EL/PL Department, which handles accidents at work and public liability claims, such as slips, trips and falls. Patrick qualified in 2005 and has over 20 years of experience as an SRA-regulated solicitor. Patrick is well-known in the legal industry for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor by clicking below.

    Learn more about Patrick
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