Claim Compensation For Spinal Cord Injuries

 

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Spinal Cord Injury Compensation Claims

In this guide, we’ll look at the process of making personal injury claims for spinal cord injuries. The spinal cord is a key part of the central nervous system, carrying signals from the brain to the body. Damage to this organ can reduce your ability to move or feel sensations, meaning that an injury could have a serious impact on your life.

This guide will explain the criteria that must be met for you to seek personal injury compensation if you suffer a spinal cord injury in an accident. We will discuss the evidence you could present to prove a third party’s breach of their duty of care towards you. Following this, we’ve included an explanation of how compensation payouts for spinal cord injuries are valued.

Finally, the guide will outline how you can benefit from the support of our No Win No Fee personal injury solicitors. Please speak to our advisors if you would like a free legal assessment of your circumstances without any obligation to start a claim. You can:

a lawyer explaining spinal cord injury claims to a client by using a model vertebrae

Select A Section

  1. What Is A Spinal Cord Injury Claim?
  2. What Are The Causes Of Spinal Cord Injuries?
  3. Do I Need Evidence To Claim Spinal Cord Injury Compensation?
  4. How Much Compensation Could I Get For My Spinal Cord Injury?
  5. Can I Claim On A No Win No Fee Basis?
  6. Learn More About Personal Injury Claims For Spinal Cord Injuries

What Is A Spinal Cord Injury Claim?

A personal injury claim must meet certain eligibility criteria to proceed. In order to be eligible to receive compensation, you need to show that:

  • Another party owed you a duty of care;
  • They breached this duty;
  • The breach led to an accident which caused physical and/or mental harm.

Spinal cord injuries can occur in several different ways, to varying degrees of seriousness. They could occur in one of the below settings:

  • On the road. Road users need to avoid accidents by following the rules given by the Highway Code and Road Traffic Act 1988. This is their duty of care. A breach of this could cause a road traffic accident.
  • At work. Employers must adhere to Section 2 of the Health and Safety at Work etc. Act 1974, which states that reasonably practicable steps must be taken to keep employees safe. A failure to do so could result in an accident at work.
  • In a public place. The Occupiers’ Liability Act 1957 lays out a duty of care for those in control of public spaces. This means that they have to ensure the reasonable safety of those who use it for the intended purpose.

Personal injury claims for spinal cord injuries must also begin on time. Any personal injury claim must start within three years of the accident date, as per The Limitation Act 1980. Exceptions could apply to this limitation period in certain cases, so if you are unsure about time limits or want to discuss how to prove your claim’s eligibility, please speak to our advisors.

What Are The Causes Of Spinal Cord Injuries?

Our advisors can help you identify if your injuries were suffered in an accident caused by a third party’s breach of duty. Additionally, you may find that one of the below examples is similar to your experience.

  • A car passenger is badly injured when another car’s driver changes lanes without looking and causes a collision. The passenger suffers a cervical spinal cord injury and nerve damage in the neck.
  • An employer does not perform a risk assessment, fails to spot a broken ladder, and encourages employees to work from a height without Personal Protective Equipment. In a subsequent ladder accident, a worker suffers a major spinal cord injury which leads to paraplegia. They are unable to return to work because of the injury.
  • A supermarket does not clean up or signpost a spillage brought to their attention by a customer. An unaware passing customer slips on the wet floor, falling on their back and suffering a thoracic spinal cord injury.
  • An HGV driver under the influence of drugs goes the wrong way down a one-way street and collides with an oncoming car. The car’s driver suffers a lumbar spinal cord injury.

This isn’t an exhaustive list. If you’d like to speak with someone in more detail about your own specific circumstances to see if you could be eligible to claim, speak with a member of our team today.

Do I Need Evidence To Claim Spinal Cord Injury Compensation?

You can use evidence to support your claim and show the impact your injuries have had on you. Forms of relevant proof could include:

  • CCTV or dashcam footage of the incident. 
  • Photographs of the accident scene.
  • Medical records to show your prognosis and the treatment you’ve undergone or might need in the future.
  • Eyewitness contact details.
  • An accident book entry.

Our solicitors can assist with gathering evidence in support of personal injury claims for spinal cord injuries. Get in touch with an advisor today to see if they could connect you with a legal representative. 

How Much Compensation Could I Get For My Spinal Cord Injury?

Should your personal injury claim succeed, you will receive a settlement that includes general damages. This is a head of claim which compensates you for the physical pain and mental suffering occurring due to your injuries.

Legal professionals valuing payouts in personal injury claims for spinal cord injuries could refer to medical evidence and the Judicial College Guidelines (JCG). This is a publication made up of guideline settlement brackets for a range of injuries. We have used the JCG to put together the below table of compensation brackets for issues related to spinal cord damage.

Please be sure only to use the table as a guide because settlements will vary from case to case.

Edit
INJURY COMPENSATION NOTES
Brain Damage – Very Severe £282,010 to £403,990 The injured person requires full-time nursing and has little or no language function.
Brain Damage – Moderately Severe £219,070 to £282,010 Injuries are likely to cause a significant dependence on others, along with physical and/or cognitive disability.
Paralysis £324,600 to £403,990 Cases of quadriplegia, otherwise known as tetraplegia.
Paralysis £219,070 to £284,260 Diagnosis of paraplegia, or paralysis of the lower body.
Back – Severe (i) £91,090 to £160,980 People with such injuies experience severe disability and pain, plus incomplete paralysis and impaired organ function.
Back – Severe (ii) £74,160 to £88,430 Features of injuries in this bracket include reduced mobility, sensation and bladder or bowel control.
Neck – Severe (i) In the region of £148,330 Severe and intractable headaches and a total or near-total lack of movement are possible symptoms of the most severe neck injuries.
Neck – Severe (ii) £65,740 to £130,930 This bracket often features cervical spine damage.

Can I Claim On A No Win No Fee Basis?

Personal injury claims for spinal cord injuries are can be aided by professional guidance from a solicitor. Our expert solicitors could take on valid claims under Conditional Fee Agreements (CFAs).

A CFA is a form of No Win No Fee contract. You would not be asked to pay for your solicitor’s services at all upfront, as the claim progresses or if the case loses.

If the case wins, there’s no requirement for you to pay for the work they have done. The solicitor collects a success fee from the compensation you’re awarded. This is a capped percentage of the settlement, with the cap applied by The Conditional Fee Agreements Order 2013.

Contact Us

Our advisors can provide a free assessment of your potential claim, based on the information you share about your experience. Should you have valid grounds to seek compensation, you could be connected with a solicitor. Please:

Learn More About Personal Injury Claims For Spinal Cord Injuries

Here are some further useful guides for you to look through:

Also, these resources could help:

Thank you for reading our guide. If you’d like to learn anything more about making a spinal cord injury claim, please get in touch. 

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    Meet The Team

    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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