Serious Paralysis Injury Claim – When Could You Seek Compensation?
This is a guide on when you could be eligible to make a paralysis injury claim. Paralysis can vary in severity from temporarily affecting a single limb to serious cases involving complete and permanent paralysis of both arms and legs. If you meet the eligibility criteria, you could pursue a claim and seek compensation for the way your injury has affected your life. We offer further guidance on the requirements that need to be met for a personal injury claim throughout our guide.
Serious Paralysis Injury Claim – When Could You Seek Compensation?
Additionally, we will examine who owes the duty of care at work, on the road and in public places, as well as provide examples of how accidents in these places could occur resulting in paralysis, if the duty of care owed is not upheld.
Also included in this guide is an overview of what settlements can consist of in successful claims for injuries involving paralysis and how they are calculated.
This guide concludes with an explanation of the advantages to you as a claimant of working with one of our solicitors, who can offer to take your claim under a specific type of No Win No Fee agreement.
For free advice, as well as an assessment of your potential serious injury claim, you can speak to our advisors. To reach them, you can:
- Phone on 0800 073 8804
- Fill out our online contact us form
- Use the live chat function at the bottom of the screen
Select A Section
- When Could You Make a Paralysis Injury Claim?
- What Accidents Could Cause Paralysis Injuries?
- How Do I Prove My Paralysis Injury Claim?
- How Much Compensation Could I Receive For A Paralysis Injury?
- Can You Make A No Win No Fee Paralysis Injury Claim?
When Could You Make a Paralysis Injury Claim?
In order to make a paralysis injury claim, you will need to demonstrate the following:
- At the time of your accident, a third party owed you a duty of care.
- The duty owed to you by that third party was breached.
- This breach was the cause of your injuries.
These three points form the basis of negligence in personal injury claims. If this can be proven, you could have valid grounds to pursue compensation for the way you’ve been affected by the paralysis injury.
Time Limitations
In most cases, the time limit for starting a personal injury claim is 3 years from the accident date. This needs to be adhered to in addition to the criteria listed above.
However, there are exceptions that could apply. To learn more about these, please contact an advisor. They can provide further guidance on the limitation period and eligibility criteria when making a paralysis injury claim.
What Accidents Could Cause Paralysis Injuries?
Various types of accidents, such as accidents in public places, at work and on the road, can result in paralysis. In the following sections, we have detailed the laws that govern the duty of care owed by certain third parties in each of these places. We have also provided a breakdown of who owes the duty of care, along with examples of accidents that can occur when that duty is breached.
Paralysis caused by road accidents
Road users owe a collective duty of care when using the road network to do everything they reasonably can to prevent each other from experiencing harm. What this means is they must abide by the laws and regulations laid out in the Highway Code and Road Traffic Act 1988.
Not adhering to these standards can amount to a breach of duty and result in a serious road traffic accident. As an example:
- A cyclist is riding down a main road when a HGV pulls out of a side road without first checking it was safe to do so. As a result, the cyclist fractures multiple vertebrae, causing incomplete paraplegia in an HGV accident.
Paralysis caused by accidents at work
Employees are owed a duty of care by their employer. Per the Health and Safety at Work etc. Act 1974, employers are required to take reasonable steps to ensure the safety of their employees while at work. This can include providing employees with appropriate training, providing all relevant personal protective equipment (PPE) without cost and ensuring maintenance works are carried out regularly on work equipment.
If an employer failed to uphold their duty of care could lead to employees sustaining harm in an accident at work. An example of an employer breaching their duty of care could include:
- An employee is instructed to use a forklift truck without any training. As a result, they crash while operating the vehicle, causing them to sustain a severe injury to the neck and causing paralysis.
Paralysis caused by public accidents
Public places can include, for example, business premises, public gardens and parks. The Occupier’s Liability Act 1957 imposes a duty of care on the party in control of the space to take steps to ensure the reasonable safety of all visitors.
Failing to ensure the reasonable safety of visitors can lead to public place accidents. For example:
- You trip and fall on a loose paving slab while jogging in a public park. This loose slab had been reported, but the local council had not taken steps to repair it in a reasonable time or posted a warning sign. You suffer temporary paralysis from hitting your back in the fall.
To discuss your specific case and find out whether you’re eligible to make a paralysis injury claim, call an advisor on the number above.
How Do I Prove My Paralysis Injury Claim?
There are various different types of evidence you could gather, depending on where your accident occurred, to support your paralysis injury claim. Evidence is key not only for showing how an accident occurred but can also demonstrate the third party’s fault in your accident and the injury you sustained. Some examples of the steps you could take to gather evidence include:
- You should seek medical attention after an accident. In doing so, you can ensure you receive treatment for your injuries. Also, you can request copies of your medical records as evidence of the harm you sustained, for example, any scans or test results.
- For an accident at work, you make a report in the workplace accident book and obtain a copy of this,
- If available, you have the right to request any CCTV footage of the accident occurring.
- Likewise, footage from a dash cam or similar device can be obtained for an accident involving vehicles.
- Take the contact details of any potential witnesses so their statements can be taken during the claims process.
For help building your case, you can contact an advisor to discuss working with one of our solicitors. As part of the services, they can assist you in collating evidence.
How Much Compensation Could I Receive For A Paralysis Injury?
Upon the success of your paralysis injury claim, you will be awarded a personal injury compensation payout made of up to two heads of loss. The first, general damages, is awarded for the pain and suffering caused by your injuries.
We have used figures from the Judicial College Guidelines (JCG) to compile the compensation table below. The JCG is a publication that lists various injuries alongside their guideline award brackets. A solicitor can refer to the JCG alongside medical evidence in order to calculate the value of your injuries.
Since personal injury claims are calculated individually, and we have included this table as a guide only.
Compensation Table
| Injury | Description | Amount |
|---|---|---|
| Serious Multiple Injuries | Compensation is awarded for different types of serious injuries and financial losses, including lost income. | Up to £1,000,000 plus |
| Paralysis – Tetraplegia (a) | Paralysis of the upper and lower body. Awards at the top of this bracket include cases where, for example, there is physical pain and the person has full awareness of their disability. | £324,600 to £403,990 |
| Paralysis – Paraplegia (b) | Paralysis of the lower body. Awards within this bracket will depend upon age and life expectancy, the degree of pain, impact on sexual function and the degree of independence. | £219,070 to £284,260 |
| Brain Injury (Very Severe)(a) | The top of this bracket involves cases where there may be some ability to follow basic commands but there will be very little, if any, meaningful response to the environment, little to no language function and the need for full time care. | £282,010 to £403,990 |
| Brain Injury (Moderately Severe) (b) | Serious disabilities such as limb paralysis or marked impairment of intellect and personality. These lead to a substantial dependence on others and need for constant care. | £219,070 to £282,010 |
| Neck Injury (Severe)(a)(i) | Neck injuries associated with incomplete paraplegia or permanent spastic quadriparesis. | In the region of £148,330 |
| Back Injury (Severe)(a)(i) | Injuries involving damage to the spinal and nerve roots causing severe pain and leading to serious disabilities alongside incomplete paralysis and significantly impaired, bladder, bowel and sexual function. | £91,090 to £160,980 |
| Loss of Earnings | Compensation can be claimed to reimburse you for a loss of earnings incurred due to time taken off work either temporarily or permanently to recover from injuries. This can be awarded under special damages. | Up to £100,000 and above |
Special Damages
Special damages can be awarded for any financial losses you incur as a result of being injured. Some examples of costs that potentially be claimed include:
- Expenses for travel to and from your place of work.
- Any loss of earnings.
- Costs of domestic care and support.
- Any medical costs that you have to pay out of pocket.
Keep any documents, such as invoices, receipts or your payslips, that show you incurred monetary losses from your injuries.
You can receive a free and personalised estimate of your paralysis injury claim by calling an advisor on the number above.
Can You Make A No Win No Fee Paralysis Injury Claim?
After assessing the validity of your potential claim, our advisors could connect you with one of our personal injury solicitors. You could be offered a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This means, generally speaking, you will not be liable for any fees upfront or as your claim moves forward for the solicitor’s services. There will also be no fees for their work if the claim is unsuccessful.
If your claim succeeds, you will receive personal injury compensation. The solicitor will take a pre-agreed percentage of this compensation. This is known as the success fee. The percentage they can take is subject to a cap as per the law, which means the majority of the awarded payout goes to you.
If you have any questions about the contents of this guide or want to inquire about possibly starting a paralysis injury claim, you can speak to our advisors. You can reach the team via:
- Phone on 0800 073 8804
- Our online contact us form
- The live chat function at the bottom of the page
Further Guidance On Paralysis Injury Claims
See more of our guides:
- Learn more about claiming paralysis injury compensation after an accident at work.
- See our guide on making a claim for a neck injury sustained during a car accident.
- Find out how much compensation you could be entitled to following a lumbar spine injury.
More useful resources:
- Health and Safety Executive – Preventing slips and trips.
- NHS – Guidance on Paralysis
- GOV – Report a pothole
Thank you for reading our guide on making a paralysis injury claim. For more information, advice on any concerns you may have or a free assessment of your potential claim, you can speak to our advisors using the contact details listed above.
Written by Clark
Edited by Mitchell
