Last Updated On 8th November 2024. Welcome to this paralysis injury claims guide. Paralysis is an injury that affects the capability to move and feel at least one part of your body. Sometimes, multiple limbs can be affected, and you may be unable to move any part of your body at all. If you or a loved one has been left paralysed following an accident or poor medical care, you might be able to claim paralysis compensation.
In this guide, we discuss the eligibility criteria that need to be satisfied in order to begin a paralysis claim and provide examples of different types of serious accidents and how they could potentially happen.
We also explain how paralysis compensation is calculated and whether you could be reimbursed for your care costs and other financial losses.
Furthermore, we discuss what evidence is needed to prove that a third party is liable for your paralysis and what the time limit is to begin a paralysis injury claim.
Finally, we look at what our No Win No Fee solicitors do to help their clients.
If you wish to claim paralysis compensation for yourself or a loved one, please don’t hesitate to contact us. The consequences of paralysis are life-changing and can be devastating for both the injured person and their family. Our team are available 24/7 for a free no obligation discussion about your circumstances:
- Call 0800 073 8804.
- ‘Claim Online’ with this form.
- Send a message through our live chat.
Jump To A Section
- What Are Paralysis Injury Claims?
- Can A Paralysis Injury Claim Cover Care Costs?
- How Much Paralysis Compensation Could I Receive?
- What Evidence Can Help In Paralysis Injury Claims?
- How Long Do I Have To Make A Paralysis Injury Claim?
- Why Claim Paralysis Compensation On A No Win No Fee Basis?
- Learn More About Compensation Claims
What Are Paralysis Injury Claims?
Paralysis compensation claims can be made when negligence has occurred. Negligence is when someone suffers an injury, such as paralysis, due to a responsible third party being in breach of its duty of care.
Numerous third parties could owe you a duty, depending on where you are. While we look at this in more detail in the following sections below, here are the eligibility criteria to make a paralysis claim:
- A third party, such as an employer, a road user, or a doctor, owed to you a duty of care.
- The third party breached this duty.
- You were paralysed because of this breach.
If the above criteria apply to you or a loved one, please get in touch with us today to potentially claim compensation.
Accidents At Work
When you are at work, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. To comply with this duty, employers must take reasonable steps to ensure your safety at work.
Here are a few ways that an employer might be in breach of their duty and cause an employee to suffer paralysis:
- An employer gives one of their employees a faulty ladder to use on a building site, knowing that it is faulty. The ladder collapses, and the employee falls from a significant height.
- An employer fails to provide one of their employees with Personal Protective Equipment (PPE), such as a hard hat, on a construction site. This lack of protective equipment can be very harmful if any objects fall on them.
Road Traffic Accidents
When you are on the road, all road users owe one another a duty of care. To comply with this duty, all road users must follow the rules in The Highway Code and the Road Traffic Act 1988 to ensure each other’s safety.
Here are some ways a road user could potentially breach their duty and cause another road user to suffer paralysis:
- A drunk driver swerves into the pavement and runs over a pedestrian.
- A driver is exceeding the speed limit, meaning they cannot brake in time at the traffic lights, and they crash into the back of a cyclist.
Public Place Accidents
When you are visiting a public space, the occupier (the party in control of that space) owes you a duty of care under the Occupiers’ Liability Act 1957. To comply with this duty, occupiers must take steps to ensure your reasonable safety as a lawful public visitor.
Here are a few ways that an occupier might be in breach of their duty and cause a member of the public to suffer paralysis:
- An occupier failed to put out warning signs on the shallow end of a swimming pool in a leisure centre. Due to there being no diving signs, a public member could be seriously harmed if they dive head-first in shallow water.
- An occupier of a shopping centre failed to fix a broken railing on the top floor, despite there being multiple reports of this. This could lead to a public member falling from a height if they lean on the broken railing.
Medical Negligence
When you receive medical care, all medical professionals who treat you owe you a duty of care. To comply with this duty, medical professionals must always provide the correct standard of care. If they ever provide substandard care that does not meet what is minimally expected from them, then this is a breach of duty.
Here are some ways a medical professional could potentially breach their duty and cause a patient to suffer paralysis:
- An anaesthetist gives a patient too much general anaesthetic. This overdose causes brain damage and results in quadriplegia.
- A surgeon is negligent by not concentrating fully when repairing a herniated disc, which causes a spinal cord injury and results in paraplegia.
If you or a loved one has been left paralysed and you believe that it was someone else’s fault, then please contact us. By having a discussion with one of our friendly advisors, your claim eligibility can be confirmed.
Can A Paralysis Injury Claim Cover Care Costs?
In successful paralysis injury claims, there are up to two potential heads of claim which could make up the compensation value. One of these heads of claim is called special damages and is awarded in some successful claims.
Special damages reimburse the financial losses you have suffered as a result of negligence. This includes:
- Domestic and professional care costs.
- Loss of earnings from being unable to return to your old job.
- Home and vehicle modification costs, such as making them wheelchair accessible.
The likely need for professional and domestic care after paralysis and its life-changing aspects means that the special damages sum could be significant. Ongoing and future costs need to be claimed in addition to past losses. Receiving a special damages award is highly important as your financial position can be restored to what it was before paralysis was suffered.
This is why keeping evidence like bank statements, invoices, payslips, and receipts is essential.
Contact us to learn more about how your specific special damages could be calculated if your paralysis compensation claim is successful.
How Much Paralysis Compensation Could I Receive?
As we have mentioned, there are up to two potential heads of claim which could make up the compensation value. The other one of these heads of claim is called general damages and is awarded in all successful claims.
General damages compensate for the mental and physical effects you have suffered as a result of negligence. These are some factors that are taken into consideration during the evaluation of general damages:
- Loss of amenity.
- The extent of medical treatment that is needed.
- Whether there is any ongoing pain and how severe it is.
The Judicial College Guidelines (JCG) is a publication which can help legal professionals calculate general damages. In the JCG, there are guideline compensation brackets for types of injuries and illnesses at varying severities.
In the table below, we have taken some injuries relating to paralysis from the JCG, and their accompanying guideline compensation brackets.
However, the first figure is not from the JCG, and none of these figures are guaranteed as a specific general damages award. This is because every claim for injury is different in terms of the exact impact of the injuries on the claimant.
| Injury | Severity | Compensation guidelines |
|---|---|---|
| Multiple serious injuries and special damages | Serious | Up to £1,000,000+ |
| Paralysis | Tetraplegia (a) | £396,140 to £493,000 |
| Paraplegia (b) | £267,340 to £346,890 | |
| Brain damage | Very severe (a) | £344,150 to £493,000 |
| Moderately severe (b) | £267,340 to £344,150 | |
| Moderate (c) (i) | £183,190 to £267,340 | |
| Moderate (c) (ii) | £110,720 to £183,190 | |
| Moderate (c) (iii) | £52,550 to £110,720 | |
| Less severe (d) | £18,700 to £52,550 |
Contact us to learn more about how your individual general damages could be calculated if your paralysis compensation claim is successful.
What Evidence Can Help In Paralysis Injury Claims?
Evidence is very important in paralysis injury claims because it must be proven that you or a loved one is suffering from paralysis because of a breach of duty.
As such, here are some useful types of evidence that you should collect:
- CCTV footage, or dash cam footage, of the accident occurring.
- Photographs of the cause of the accident, if possible. For example, a photo of a faulty ladder.
- Witness information such as contact details, if anyone saw your accident or saw you receive negligent care. Witnesses may provide statements during the paralysis claims process.
- Any medical evidence, such as copies of your medical records, that shows the extent of your injuries and list your treatments.
- A personal diary where you have noted details of the incident as well as your symptoms.
Our No Win No Fee solicitors can help claimants build the evidence they need. To see whether you can receive this help, please contact us today.
How Long Do I Have To Make A Paralysis Injury Claim?
Under the Limitation Act 1980, the time limit to begin a paralysis claim is usually three years. This runs from the date you suffered your injury due to negligence. Or, if you’re claiming for medical negligence, this could also run from the date that you became aware that you suffered harm because of your negligent treatment.
However, this time limit is paused for claimants who:
- Are younger than 18 years old.
- Lack sufficient mental capacity to begin a claim themselves (for example, if they have suffered severe brain damage).
A litigation friend may be appointed by the courts to begin the claim for the claimant whilst the time limit is paused.
If a claim is not started by a litigation friend before the claimant either turns 18 or regains their mental capacity, then the usual three-year time limit will commence from either:
- The claimant’s 18th birthday (meaning they will have until their 21st birthday to begin a claim).
- The date the claimant recovers capacity.
For further information on how to claim paralysis compensation on behalf of a loved one, and to ensure that their claim is started within the time limit, get in touch with us.
Why Claim Paralysis Compensation On A No Win No Fee Basis?
People are naturally welcome to go it alone when making paralysis injury claims. However, the many people who come to Legal Expert to seek the guidance of our solicitors do so because, just as some examples:
- A solicitor can be instructed to take on most of the work involved in the claim. This can help reduce the stress associated with claiming for the client.
- They can help with things like collecting evidence or arranging reports from experts.
- Their extensive knowledge of paralysis injury compensation means they can negotiate a fair agreement.
- A professional can decode the legal jargon and provide clear, effective updates on the case.
Our specialist No Win No Fee solicitors do all of this, and more, under a Conditional Fee Agreement. As well as not paying the solicitor a penny for their work from the start right up to the end of the process, you won’t be charged a solicitor’s fee at all should the claim fail.
Securing compensation for you means the solicitor collects a cut of the compensation as their success fee. This is a strictly limited percentage, because The Conditional Fee Agreements Order 2013 sets out a clear legal cap.
Contact Us Today
Contact us if you wish to work with a No Win No Fee solicitor on your potential paralysis claim. If you or a loved one has suffered negligence, we can help you. You can contact us at any time 24/7 free-of-charge:
- Call 0800 073 8804.
- Fill in a claim online form.
- Send a message via our live chat function.
Learn More About Compensation Claims
Browse some of our other compensation claims guides:
- How to make a fatal accident claim for a wrongful death.
- Advice about serious injury claims.
- How to make a public liability claim for an injury in a public place.
Alternatively, you can browse some of these other pages for possible useful information:
- NHS – information on paralysis, including causes and treatment.
- The GCM (General Medical Council) outlines professional standards for doctors.
- Back-Up – a spinal cord charity.
Thank you for reading our paralysis injury claims guide.
