A Guide On Claiming For A Serious Spine Injury

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Serious Spine Injury Claims | No Win No Fee

This guide provides information on serious spine injury claims, including the eligibility criteria that need to be met, the time limits that need to be adhered to, and the evidence you could potentially gather to support your case.

serious spine injury claims

Serious Spine Injury Claims | No Win No Fee

A spine injury could potentially be sustained following an accident at work, in a public place or on the road. You will find information on who owes the duty of care in each scenario and how breaches of that duty can cause you to become injured.

Also included in our guide is information on the compensation you could potentially receive for a serious spinal injury. 

An explanation of the type of No Win No Fee agreement offered by our solicitors is included in the final section of this guide and all the benefits this presents to you as a claimant.

Our team of advisors are available to answer any questions, provide more information and offer an assessment of your potential claim. You can get in contact with the team via:

Select A Section

  1. Establishing Eligibility for Serious Spine Injury Claims
  2. Exploring Different Types Of Accidents And Injuries
  3. Evidence In Serious Spine Injury Claims
  4. Compensation Amounts for Serious Injuries
  5. No Win No Fee Serious Spine Injury Claims
  6. More Resources For Personal Injury Claims

Establishing Eligibility for Serious Spine Injury Claims

Serious spine injury claims could be made if the following criteria are met:

  1. A third party owed you a duty of care. 
  2. That third party breached the duty they owed you.
  3. This breach was the cause of your injuries.

You also need to ensure you start legal proceedings within the time limit for personal injury claims.

Limitation Periods on Serious Spine Injury Claims

The time limit for starting personal injury claims is, in most cases, 3 years from the accident date as set out in the Limitation Act 1980. There are circumstances where exceptions to this can apply, and an extension may be granted.

If the injured person was a minor at the time of the accident, then the 3-year limitation period is counted from their 18th birthday, before which time it is paused. The time limit is similarly frozen indefinitely for injured persons of a reduced mental capacity, although if they recover their capacity, the limit is counted from the date of recovery.

In both of these circumstances, an adult can apply to act as a litigation friend on the injured person’s behalf and start the claims process while the limitation period is paused. 

For more information on the time limit, and its exceptions, please contact an advisor on the number above. They can also advise further on the eligibility criteria for serious spine injury claims.

Exploring Different Types Of Accidents And Injuries

Multiple types of accidents can result in serious spinal injuries, such as accidents at work, in public places and on the road. Below you will find an explanation of who owes a duty of care in each of these scenarios as well as illustrative examples of how a breach of this duty can result in an accident and serious injury to the spine. 

Serious Spine Injury Claims For Accidents At Work

Employers owe a duty of care to take reasonable steps to ensure the safety of their employers while at work as per the Health and Safety at Work etc. Act 1974. This can include conducting regular maintenance on work equipment, providing adequate training, and ensuring any hazards present in the work environment are removed or reduced. The Health and Safety Executive (HSE), the regulator for workplace health and safety in England, provide guidance on managing risks in the workplace.

An example of an accident caused by an employer failing to meet their duty of care can include:

  • An employee was tasked with carrying a box of goods from the storage area to the shopfront. However, they hadn’t been provided with any manual handling training before doing so. As a result, they used an incorrect lifting technique and sustained a herniated slipped disc.

Serious Spine Injury Claims For Accidents In Public Places

Public places include bars and restaurants, public parks, museums and business premises. The party in control of the space, as set out in the Occupiers’ Liability Act 1957, owes a duty of care whereby they must take steps to ensure the reasonable safety of all visitors.

If they failed to do so, it could result in an accident in a public place. For example:

  • A report has been made to a restaurant about a faulty handrail on the stairwell. However, no steps have been taken to fix the issue or reduce the risk of it causing an injury. As a result, a customer falls and suffers a fractured vertebrae.

Serious Spine Injury Claims For Accidents On The Road

There is a collective duty of care between road users to prevent each other from experiencing harm when navigating the road network. This means they must adhere to the rules set out by the Road Traffic Act 1988 and the Highway Code

A failure to do so could lead to a road traffic accident that causes harm. For example:

  • A driver under the influence of alcohol runs through a red light, hitting a pedestrian crossing the street. The pedestrian suffers a serious injury to their lumbar spine as well as their spinal cord, leading to paralysis.

To discuss your specific case, please contact an advisor. They can help you understand the eligibility requirements for serious spine injury claims, and advise whether you have valid grounds to seek compensation.

Evidence In Serious Spine Injury Claims

Evidence can help support your personal injury claim by showing a third party breached the duty of care they owed to you and that this breach was the reason you were injured. 

Some examples of evidence that could support serious spine injury claims and how you could acquire it include:

  • After receiving medical attention, you can acquire copies of your records, such as X-rays or test results.
  • For an accident at work, you can make a report in the workplace accident book and obtain a copy of the incident report.
  • If available, you can get a copy of any CCTV footage showing the accident taking place.
  • For a road accident, you can get copies of any dash cam footage, or police reports.
  • Witness statements can be useful in providing alternative accounts of how the accident occurred. As such, you should take down the contact information of potential witnesses so they can give their statements during the claims process. 
  • Any documents, such as your payslips, receipts or invoices, that show you incurred a financial loss.

You can speak to our advisors if you would like support in gathering evidence for your claim. They could connect you with one of our personal injury solicitors, provided you meet the eligibility criteria. A solicitor could then provide assistance with the collection of relevant evidence, as well as other aspects of the claims process.

Compensation Amounts for Serious Injuries

Compensation payouts following successful serious spine injury claims can be comprised of two different heads of claim. The first of these, general damages, are awarded for the pain and suffering you experienced due to your injuries.

A personal injury solicitor can use figures from the Judicial College Guidelines (JCG) in conjunction with any medical evidence in order to calculate the value of your injuries. The JCG is a publication that lists various injuries alongside their guideline compensation amounts. We have used some of these figures to compile this compensation table. 

The figures from the JCG are not guaranteed payouts. Personal injury claims are considered individually, so it should be noted that we have provided this table as a guide only. 

Compensation Table

Injury Description Amount
Serious Multiple Injuries A variety of serious injuries affecting the body, as well as financial losses incurred. Up to £1,000,000 plus
Tetraplegia Paralysis from the neck down. This bracket includes cases where there is full awareness, retention of the senses but a requirement for help with bodily functions. £324,600 to £403,990
Paraplegia Paralysis from the waist down. Awards within this bracket depend on the degree of independence, level of pain, age and life expectancy and any psychological impacts. £219,070 to £284,260
Back – Severe (i) Cases involving damage to spinal cord and nerve roots causing a combination of serious issues, including severe pain and disability. £91,090 to £160,980
Neck – Severe (i) Neck injury associated with incomplete paraplegia or permanent spastic quadriparesis. In the region of £148,330
Neck – Severe (ii) Injuries involving serious fractures or disc damage in the cervical spine, giving rise to serious disabilities such as substantial loss of movement in the neck and loss of function in one or more limbs. £65,740 to £130,930
Loss of Earnings Compensation to reimburse loss of earnings due to inability to work either permanently or temporarily. Up to and above £100,000

Special Damages In Serious Spinal Injury Claims

Special damages can be awarded for any monetary losses you experience as a result of your injuries. Some possible examples of costs you could potentially claim for have been listed below:

  • Domestic care costs
  • Loss of earnings
  • The cost of adaptations to the home
  • Travel costs

Remember, you need to provide evidence of a loss in order to be awarded special damages. Retain any documentation, such as your payslips, as proof you suffered monetary losses due to your injuries. 

For more information on compensation for serious spinal injury claims, call an advisor on the number above.

No Win No Fee Serious Spine Injury Claims

You can contact our advisors in order to get an assessment of your potential claim. If they decide your claim is valid, they could put you in touch with one of our personal injury solicitors.

Our solicitors can offer their services under what’s known as a Conditional Fee Agreement (CFA), a type of No Win No Fee Contract. The advantage of making your claim under a CFA is that you will not be met with an upfront fee for the solicitor’s services or any fees as the claim progresses. You will also not be required to pay any fees for their work should the claim fail. 

A successful claim will see you awarded a personal injury compensation payout. The solicitor will take a percentage of this compensation, partially as payment for the work done on your case. Referred to as a success fee, this is agreed between you and the solicitor prior to the start of your claim, and the percentage is legally capped. What this means is that the majority of your compensation goes to you. 

Our team of advisors are available to answer any questions, provide more information on serious spine injury claims, and offer an assessment of your specific case. You can get in contact with the team via:

More Resources For Personal Injury Claims

For more of our guides:

Further resources:

Thank you for reading our guide on serious spine injury claims. Our team of advisors are on hand to answer any questions and provide an assessment of your potential claim. You can reach them using the contact details above.

Written by Clarke

Edited by Mitchell

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    • Patrick Mallon

      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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