A Guide To Spinal Injury Claims

By Stephen Hudson. Last Updated 8th August 2024. In this guide, we are going to go into detail about the eligibility criteria that must be met in order to make a spinal injury claim. An injury to the back can be caused by numerous types of accidents, from road traffic accidents to incidents that occur in the workplace. In this guide, we will not only set out who owes you a duty of care we are also going to examine what accidents and injuries could be suffered when this duty of care is breached and who could be liable.

This guide will provide you with advice on what evidence will be crucial when it comes to supporting spinal injury compensation claims and also the steps you can take to improve the chances of your claim being successful. Below we have provided a compensation table with figures taken from the Judicial College Guidelines, a document used by legal professionals when valuing claims. And to conclude this guide, we are going to illustrate the benefits of using a No Win No Fee solicitor.

Contact Our Team

If, at any point, while reading this guide, you’d like free advice or would like to pursue a spinal injury compensation claim, we can help. You can reach us in any of the following ways:

• By calling us on 0800 073 8804
• Write to us to claim online about your case
• Or chat with our advisers about making a claim now by using our live chat feature

However, please be wary that spinal injury claims usually have a 3-year limitation period within which you must begin legal proceedings if you want to claim compensation. This rule is standard practice for all personal injury claims under the Limitation Act 1980. If you wait too long before you claim, you could risk losing out on the payout you deserve. So, please don’t hesitate to get in touch today.

Select a section:

1. A Guide To Spinal Injury Claims
2. What To Do If You Are Involved In An Accident Causing A Spinal Injury
3. Spinal Injury Compensation – How Is It Calculated?
4. No Win No Fee Spinal Injury Claims
5. Call for free advice and to start a claim
6. Helpful Links

A Guide To Spinal Injury Claims

Spine injury claims can be made if it can be proven that a spinal injury was caused by a responsible third party breaching their duty of care. 

Depending on where you are, there are different duties of care that might be owed to you. While we explain this below, here is the eligibility criteria for claiming spinal injury compensation:

1. A responsible third party owed you a duty of care. 
2. They breached their duty of care by acting negligently. 
3. As a result of this breach, you suffered a spinal injury. 

We now explain what duties of care may be owed to you in different places.

At Work

While you are at work, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. What this means is that employers must take steps that are reasonable in order to ensure your safety in the workplace. 

Some of these steps include:

• Giving you the necessary training, such as manual handling training. 
• Giving you the necessary Personal Protective Equipment (PPE), such as hard hats if you’re working on a construction site.
• Regularly checking workplace equipment and facilities to ensure that the maintenance is correct and safe. For example, checking that a ladder is not faulty before providing it for you to use. 

If you believe that your employer is at fault for your spinal injury because they did not adhere to their duty of care, please contact us today.

In Public

While you are in public spaces, such as libraries and public parks, the occupiers of those public spaces owe you a duty of care under the Occupiers’ Liability Act 1957. What this means is that occupiers (anyone who’s in control of a public area) must take steps in order to ensure your reasonable safety while you are lawfully visiting their space. 

Some of these steps include:

• Regularly checking the space’s equipment and facilities to ensure that the maintenance is correct and safe. For example, checking that no apparatus is broken in a park. 
• Implementing health and safety measures. For example, putting out warning signs for hazards that cannot be eliminated (such as a ‘no diving’ sign by the shallow side of a swimming pool in a leisure centre). 
• Responding as soon as possible to any reports of hazards.

If you believe that an occupier is at fault for your spinal injury because they did not adhere to their duty of care, please contact us today.

On The Road

While you are using the roads, whether as a motorist, cyclist or a pedestrian, you are owed a duty of care by all other road users. All road users owe this duty of care to one another. What this means is that all road users must follow the rules in The Highway Code and the Road Traffic Act 1988 to ensure each other’s safety. 

Some of these steps include:

• Sticking to speed limits. 
• Not being under the influence of drugs or alcohol while driving. 
• Stopping at all red lights. 

If you believe that another road user is at fault for your spinal injury because they did not adhere to their duty of care, please contact us today.

What is a Spinal Injury?

There are 2 different types of spinal injuries; a complete injury and an incomplete injury. Incomplete injuries can result in varying levels of paralysis and disability, whereas complete injuries are uniform in the severe impact that they have. The latter could lead to total loss of movement and sensation in various areas of the body.

The spinal injury you sustain will depend on which part of your spinal cord has been damaged. The spine is made up of vertebrae and nerve tissue, which begins at the base of your head and runs down your back. Therefore, there are various different areas that could become injured.

Regardless of what type of damage you suffered, we could help you make spinal injury claims for the compensation that you deserve. To learn more, please read on or get in touch with our team of specialist advisors today.

What To Do If You Are Involved In An Accident Causing A Spinal Injury

If you are involved in an accident that has resulted in a spinal injury,  seeking medical care should be your first priority. However, once you have ensured your own safety, you should begin preparing for a potential spinal injury compensation claim. As legal experts, we advise that you start by gathering evidence concerning your accident. So what steps should you follow?

• Firstly, you should gather witness statements from anyone present at the time of the accident. This could include witnesses such as other drivers or pedestrians if your spinal injury occurred as a result of an accident in a vehicle. These statements prevent your version of events from being contested after your claim has been made.
• Secondly, you should find evidence that the accident was a result of negligence on the behalf of another party. Returning to the previous example, this could include an invalid driver’s licence or a disregard for road laws (such as leaving an appropriate amount of space between vehicles on the road) on behalf of another party.
• Thirdly, you should ensure that you have evidence showing the severity of your injury. For example, after your accident, if you were taken into hospital, any test you were given or medical report that was written can act as evidence for the severity of your injury.

The measures you take after your accident, especially gathering information and evidence, can be essential to spinal injury claims. If you want our informed and honest opinion regarding your claim’s chances of success, please get in touch.

Spinal Injury Compensation – How Is It Calculated?

You may have questions about the potential value of your spinal injury compensation claim. The amount of compensation awarded for such claims is determined on a case-by-case basis and largely depends on how severe your injury is deemed to be.

A successful spinal injury claim can include general damages, which compensates a claimant for the pain and suffering caused by their injury. The table below includes figures taken from the Judicial College Guidelines (JCG). Those valuing spinal injury claims may refer to this document, which contains guideline compensation figures for general damages when claiming for numerous types of injuries. These figures are not a guarantee of how much compensation for a spinal injury you’ll receive and the table should be treated as a guide only. The table’s first entry is not based on the JCG.

Special damages could potentially also be claimed through a spinal injury claim in addition to general damages. Special damages can compensate you for financial losses or expenses that are directly related to your injury.

Many people believe that they are only entitled to spinal injury compensation for medical expenses or direct loss of earnings. However, you could claim for a whole manner of costs related to your spinal injury:

• Care at home – the cost of hiring care in your home can be claimed as compensation if your back injury has left you unable to fully care for yourself.
• Rehabilitation – rehabilitation can be a significant long term cost for a back injury victim. It can include visits to a physiotherapist and so on.
• Adapting or buying a new home – for long term injuries, it might be necessary to make modifications to your home (or even call for you to purchase a new home) in order to provide a suitable living environment. These costs can be claimed in this case.
• Medical bills – treatments could include either visits to private practices or even visits to foreign health specialists in the event that such visits are deemed necessary.

You’ll need certain documents as evidence to claim special damages, such as wage slips or invoices. For more advice about potential spinal injury compensation payouts in the UK call our advisors today.

No Win No Fee Spinal Injury Claims

Hiring a Claims Service can be expensive. If you have done any research into legal fees, you may well have encountered the high costs of hiring the best personal injury solicitors. In situations where an injury is actively costing you money, from medical expenses to lost wages, this can be a real issue. But there is another option.

Our company can offer you a No Win No Fee policy. Rather than charging upfront costs to clients, we simply take a small cut of the spinal injury compensation amount. If you do not win your claim, then you will not have to pay.

This policy, also called a Conditional Fee Agreement, means that we only charge for our services on the condition that we win your spinal injury claim in court. If your claim fails, you won’t have any legal fees or debt to add to your worries. For those already struggling with an injury, this can make a huge difference.

For advice on claiming compensation following a spinal injury caused by an accident, contact us right away. To get in touch:

• You can either call us on 0800 073 8804 or;
• Why not fill out the contact form on our website. We’ll get in touch and arrange for a free consultation session at a time that suits you.

Helpful Links

How Much Compensation Can I Claim For a Motorcycle Accident?

Have you suffered a spinal injury due to a motorcycle accident? Contact us today for free advice or to start a claim.

Road Traffic Accident Claims

If you’ve suffered a spinal injury in a road traffic accident, then please get in touch with our personal injury advisers.

PTSD Compensation Claims

It’s quite natural to experience symptoms of post-traumatic stress disorder after suffering a spinal injury. This guide will tell you more about these types of claims.

Skiing Accident Compensation Claims

This useful guide explores claiming compensation for injuries sustained in skiing accidents.

NHS  Paralysis – Symptoms 

Paralysis can be classified in a number of different ways.  It can affect a particular part of the body. Visit this link to find out more about Paralysis Symptoms click the link.

NHS Paralysis – Treatment 

Treating paralysis – there is currently no cure for permanent paralysis. Find out more about Treating paralysis by visiting this NHS website link.

Road Traffic Accident Solicitors For Birmingham

This guide will help you understand how to choose the best solicitor to represent your road traffic accident claim.

Other Useful Compensation Guides

• Mobility Scooter Accident Claims Guide
• Broken Furniture Accident Claims
• Themepark Accident Claims Guide
• Child Accident Claims
• I Slipped On Ice, Can I Claim Compensation?
• Back Injury At Work Claims
• I Fell Down The Stairs At Work – Could I Claim Compensation?
• Can I Claim Compensation As A Cyclist Hit By A Vehicle Door?
• Beauty Treatment Injury Claims
• Tractor Accident Claims
• Average Settlement For Fibromyalgia In The UK
• Serious Back Injury Compensation Case Study
• Get help with prison injury claims by reading our guide on how to claim compensation

Thank you for reading our guide on how to make spinal injury claims.