Have you suffered a spinal injury in an accident that wasn’t your fault? If so, you might be eligible to claim compensation. Our guide today will explore the process of making spinal injury claims and how one of our solicitors can assist you, regardless of where you are in the country.
We have seen firsthand the life-changing impacts that spinal injuries can have, and the lasting toll they can leave on someone’s financial well-being. That’s why we have created this useful guide to provide insight into how to claim compensation.
Read on to learn about how you can start your personal injury claim with us today.
Essential Information
- You can make a claim if your spinal injury occurred in an accident that wasn’t your fault.
- In a successful claim, you may receive compensation for the physical, psychological, and financial impact of your injury.
- You generally have 3 years from the date of your accident to start a claim.
- One of our solicitors can assist you in navigating the process of claiming compensation through a No Win No Fee agreement.
- Your case will require supportive evidence, such as medical records and eyewitness statements.
Contact Us
If you have any queries about making spinal injury claims, you can speak to our friendly team of advisors by:
- Ringing us on 0800 073 8804
- Filling in our online contact form
- Using our live chat
Jump To A Section
- Can I Make A Claim After Sustaining A Spinal Injury?
- What Compensation Could Be Awarded For Spinal Injury Claims?
- How Can Spinal Injury Compensation Help Me?
- What Are The Common Accidents In Spinal Injury Compensation Claims?
- How Long Will I Have To Claim For A Spinal Injury?
- What Evidence Should I Gather For My Spine Claim?
- How Can Claiming Via A Conditional Fee Agreement Help Me?
- Why Should I Claim With Your Spinal Injury Solicitors
- Further Support After Suffering From A Spine Injury
- Learn More
Can I Make A Claim After Sustaining A Spinal Injury?
You can potentially make a claim after sustaining a spinal injury if you can demonstrate that:
- You were owed a duty of care by someone (which we explore later in our guide, including the responsibilities it entails).
- They breached their duty.
- The breach resulted in your spinal injuries.
If these 3 components can be proven, this will amount to negligence, which forms the basis of all personal injury claims. Later in our guide, we will explore various scenarios showing how a valid claim might arise.
Claiming On Behalf Of A Loved One
There are 2 situations in which you might be able to claim on behalf of a loved one:
- Claimants who are under 18.
- Claimants who are mentally incapacitated.
Neither group can claim independently of others, but another person can help pursue compensation on their behalf. In such cases, you have the option of becoming their litigation friend. As a litigation friend, you must make decisions with the loved one’s best interests in mind and keep them updated as much as possible about what is happening in the case.
Fatal Spinal Injury Claims
In fatal spinal injury claims, the eligibility requirements are the same as those outlined above. However, under the Law Reform (Miscellaneous Provisions) Act 1934, the only party that can claim in the first 6 months of someone’s passing is the deceased’s estate. They are able to make a claim for:
- The pain and suffering the deceased person experienced prior to death.
- Any connected financial losses.
Under the 1934 act, the estate can also claim on behalf of the deceased’s dependants. If that doesn’t happen during the aforementioned 6-month timeframe, then qualifying dependants can claim under the Fatal Accidents Act 1976 (FAA) for how the death has impacted them.
To learn more about making fatal spinal injury claims, contact our advisory team today. They are here to provide free advice and can also offer insight into who qualifies as a dependant under the FAA. Our advisors can also discuss the eligibility criteria for claiming and will discuss your situation in complete confidence.
What Compensation Could Be Awarded For Spinal Injury Claims?
In spinal injury claims, you may receive compensation for the physical, psychological, and financial impact. There are 2 types of damages in personal injury claims:
- General damages: Your pain and suffering, as well as loss of amenity. The latter takes into account how your spinal injury has affected your quality of life and ability to do daily activities.
- Special damages: Compensation for the financial impacts of your injury, which we explore in greater depth in the next section.
In this section, we have attached a table of suggested brackets for compensation taken from the Judicial College Guidelines (JCG). This document publishes these brackets for various injuries and may be referred to by solicitors when calculating the potential value of general damages.
Please note that the first figure was not taken from the JCG, but all subsequent figures were. Since these brackets are only suggestive, the table doesn’t represent a guarantee of compensation.
| Injury | Compensation |
|---|---|
| Multiple Serious Injuries + Special Damages (Such As Loss of Earnings) | Up to £1,000,000+ |
| Injuries Involving Paralysis - Tetraplegia (AKA Quadriplegia) | £396,140 to £493,000 |
| Injuries Involving Paralysis - Paraplegia | £267,340 to £346,890 |
| Back Injury - Severe (i) | £111,150 to £196,450 |
| Back Injury - Severe (ii) | £90,510 to £107,910 |
| Back Injury - Severe (iii) | £47,320 to £85,100 |
| Back Injury - Moderate (i) | £33,880 to £47,320 |
| Back Injury - Moderate (ii) | £15,260 to £33,880 |
| Back Injury - Moderate (ii) | £15,260 to £33,880 |
| Back Injury - Minor (i) | £9,630 to £15,260 |
How Can Spinal Injury Compensation Help Me?
Spinal injury compensation can help support your rehabilitation journey and recover the out-of-pocket costs resulting from the harm you experienced. Below, we will explore the types of financial losses that special damages might cover.
Loss Of Earnings
Your spinal injury might have left you incapable of working, leaving you to navigate the often challenging impact of a loss of earnings. This category encompasses more than just missed workdays. Under special damages, you can also claim for a future loss of earnings, pension contributions, bonuses, and lost opportunities for promotion.
In order to claim for a loss of earnings, you will need evidence like payslips that show your salary or monthly pay before your spinal injury.
Cost Of Care
Special damages can allow claimants to recover the costs of round-the-clock care. Paying for carers can create significant financial strain for those who need it, especially if they have been left unable to work due to their situation. These expenses can extend to family members who assist you with day-to-day activities, like preparing meals or helping you get dressed.
Cost Of Medical Treatments
Spinal injury claims can cover the out-of-pocket costs of private medical treatments (like nerve blocks), prescriptions to manage nerve pain, and psychological support. Say you need reconstructive surgery to remove bone fragments or access to therapy because you have developed depression. If you have proof like invoices, you may be able to claim for these losses under special damages.
Cost Of Rehabilitation
The cost of rehabilitation can be long-lasting since you may need lifelong specialist care to assist your recovery. For instance, you might need physiotherapy to improve mobility or occupational therapy to help you regain your independence. Special damages will reflect these nuanced costs, as every claim is assessed on a case-by-case basis.
Cost Of Adaptations To Home Or Car
After suffering a spinal injury, you may need to make adaptations to your home or car. These modifications are often necessary to improve accessibility and support independence. However, installing stairlifts in the house or putting in swivel car seats can be costly. Invoices and bank statements can serve as evidence to substantiate these expenses.
Interim Payments
In personal injury claims, interim payments are essentially an advance on compensation that is paid out before the case is settled. They can help with immediate costs during the claims process, from paying for urgent private treatments to installing an accessible bathroom.
You may be eligible to apply for an interim payment if the claim looks likely to go in your favour or the defendant admits liability. One of our solicitors can explain the steps involved and apply for an interim payment on your behalf.
At Legal Expert, we understand that experiencing a spinal injury can have an enduring financial cost. That is why our solicitors always work hard to help clients document and prove the losses resulting from their injuries. To discuss your particular circumstances, please call us today, and one of our advisors will be happy to provide tailored guidance.
What Are The Common Accidents In Spinal Injury Compensation Claims?
Continue reading as we explore some of the more common accidents seen in spinal injury compensation claims:
Spinal Injury Sustained In A Road Traffic Accident
Road traffic accidents can, in some cases, result in severe spinal injuries. Everyone on the road, including you, has a duty of care to navigate in a way that doesn’t cause injuries to each other or themselves. They must also comply with the Highway Code and the Road Traffic Act 1988.
- You are driving on the motorway when another road user speeds up behind you. This driver is on their phone and speeding 30 miles per hour over the speed limit. They lose control of their vehicle and collide with the rear end of your car. Their actions leave you with severe injuries to your spine, as well as post-traumatic stress disorder (PTSD).
Spinal Injury Resulting From An Accident At Work
Some accidents at work may also result in a spinal injury. No matter where you work, you are owed a duty of care by your employer, who must take all reasonable steps to protect your well-being, health, and safety. This duty of care is outlined by the Health and Safety at Work etc. Act 1974.
- You are working in a warehouse, where the racking unit is faulty. This issue has been reported to your employer multiple times by several staff members, but no action has been taken to repair the unit. The rack subsequently falls on top of you while you are taking some stock off it, leaving you with a slipped disc and a serious spinal injury.
Spinal Injury After A Public Place Accident
Under the Occupiers’ Liability Act 1957, those in control of a public space must take all practical steps to ensure you are reasonably safe while visiting the premises. That duty can be met by regularly performing risk assessments, ensuring necessary repairs are carried out, and identifying potential hazards with appropriate signage.
- While out walking on a popular public footpath, you trip on the corner of a cracked pavement and fall heavily, leaving you with a serious spinal injury. In this instance, your local council may be liable for repeatedly delaying repairs despite knowing for some time that there are potential hazards on the busy footpath.
Medical Negligence Caused Spinal Injury
In some cases, medical negligence may be the cause of a spinal injury. Every medical professional and facility, from doctors and nurses to GPs and hospitals, owes their patients a duty of care. That involves providing patients with the expected minimum standard of care.
If, say, a doctor doesn’t meet these standards, they will have breached the duty owed to you as their patient. Should that breach result in otherwise avoidable harm, then there may be a case for compensation.
- You are supposed to get surgery on your neck, but the operating team fails to check your pre-op notes. That results in them performing surgery on a section of your back instead, causing serious damage to discs in your vertebrae.
The examples we have listed are not extensive. If you have experienced a spinal injury in a different way than we have discussed in the above scenarios, you may still be able to make a claim.
Contact our team today to learn how we can help you get started with your claim and get a free case assessment.
How Long Will I Have To Claim For A Spinal Injury?
You will have 3 years in which to start a spinal injury claim, typically dated to when the incident occurred. This limitation period was established under the Limitation Act 1980, which provides exceptions for individuals who are unable to claim on their own behalf. In such cases, time limits are paused for:
- Claimants who are under 18: The time limit instead runs from the date they turn 18 up to their 21st birthday.
- Claimants who lack mental capacity: Time limits are indefinitely suspended unless an individual regains the ability to make a claim independent of others. If capacity returns, then the 3-year time limit will run from the date of recovery.
To determine whether your claim still falls within the time limits, please contact us today to discuss this as soon as possible. Our advisors are here to help, and there is no obligation to proceed with a claim after receiving your free assessment.
What Evidence Should I Gather For My Spine Claim?
The evidence you should gather for your spine claim should demonstrate how someone breached their duty of care, directly causing your injuries. As part of the services offered by Legal Helpline, our solicitors can help gather this evidence to support your claim.
In spinal injury claims, your evidence might include:
- Medical or GP records to highlight the impact of your injuries
- CCTV, dashcam, or other video footage if the accident was caught on camera
- Contact details for anyone who saw you sustain your injuries, for one of our specialist solicitors to gather eyewitness statements for the claim
- Photographs or copies of X-rays of your injuries, where possible
- If your spinal injury was sustained in a road traffic accident, then you may also need information like the driver’s contact details, their insurance policy, and vehicle registration.
To learn more about proving spinal injury claims and how one of our solicitors can help you with this task, please contact our advisory team today.
How Can Claiming Via A Conditional Fee Agreement Help Me?
Claiming via a Conditional Fee Agreement can help you seek spinal injury compensation without the worry of mounting solicitor fees. Specifically, you won’t have to pay these fees to begin your claim or progress the case. You also wouldn’t be required to pay a penny in solicitor fees if your spinal injury claim is unsuccessful.
If your claim wins, a small success fee will be deducted from your compensation. This fee is limited as the maximum percentage that can be taken is capped by The Conditional Fee Agreements Order 2013.
Why Should I Claim With Your Spinal Injury Solicitors
At Legal Expert, our spinal injury solicitors have decades of combined experience successfully handling claims nationwide. Every one of them understands that making a spinal injury claim without a support network can leave individuals feeling overwhelmed. That is why they are committed to providing tailored care and support throughout the process.
A few benefits of working with us include:
- Regular updates about your case progress
- Ensuring that your claim begins within the permitted time limit
- Organising an independent medical assessment if required
- Gathering evidence to support your claim
- Developing a rehabilitation and recovery plan that suits your needs
- Helping you apply for an interim payment
- Provide clear answers to questions you might have about your claim
Contact Legal Expert
We hope our guide on spinal injury claims has been useful for you today, but if you would like to discuss your particular circumstances in more depth, you can speak to our team by:
- Ringing us on 0800 073 8804
- Filling in our online contact form
- Using our live chat
Further Support After Suffering From A Spine Injury
Below, we have provided some links to spinal injury charities that can offer further guidance and support:
Learn More
We also have guides about:
- How long it takes for compensation to come through
- Making nerve damage claims
- How to make a neck injury claim
A selection of helpful external resources:
- An overview of Statutory Sick Pay from GOV.UK
- NHS guidance on easing back pain
- Governmental advice about taking sick leave
Thank you for reading our spinal injury claims guide.
