A spinal injury claim comes under the purview of personal injury claims. However, making a claim for a spinal injury caused as a result of an accident is completely different from making any other type of personal injury compensation claim.
The reason for this is because spinal injuries tend to have a more serious impact on individuals and chances of a total recovery after a spinal cord injury are usually very slim. More often than not, there will be some degree of paralysis which has a negative impact on the quality of life.
Why you need a specialist solicitor for a spinal injury compensation claim
To be successful, a spinal injury compensation claim has to be handled very carefully as several complex factors will need to be taken into account. Because of the intricacy of the case, it is important to hire a personal injury solicitor who specialises in spinal injury compensation claims and who will work closely with you and your family.
Specialist solicitors have expert advice and knowledge at their disposal. Backed by these resources, they will look into all possibilities that will allow the case to proceed successfully.
What happens if you were partly to blame for the accident?
Even if you know that you were partly to blame for the accident and the resultant spinal injury, you should still consult with an experienced personal injury solicitor to see if there is any clause that you can avail of to recover at least some compensation.
How much you can expect by way of compensation?
The compensation that is awarded for spinal injury is much higher than that awarded for an average personal injury claim. This is because a spinal injury compensation claim will have to take into account more than just pain, suffering and temporary loss of income. When your solicitor is putting together your claim, these are some of the additional expenses that he will factor in:
• Cost of short term as well as long term hospitalisation and medical care
• Cost of long term rehabilitation
• Cost of nursing care if necessary
• Cost of necessary disability aids such as a wheelchair, rollator or any other mobility device
• Cost of any type of specialist equipment that you may require
• Cost of getting your home modified to meet your needs
• In case you are unable to go back to work, the claim should take into account any future lost earnings
All of these are very complex factors as it is difficult to determine how long you may be disabled or unable to return to work. Also, with a spinal injury, it is likely that you may require even more care as time passes and this needs to be taken into account too.
A high level of skill and expertise is necessary if you want to be able to recover the proper amount of compensation.
What you should know about time limits for making a spinal injury claim
If you have suffered a spinal injury in an accident, it is very important that you put in your claim within three years. In the UK, the standard limit within which you can file any personal injury compensation claim is three years. If you have not started legal proceedings in court for your spinal injury within three years, your case may be considered statute-barred or time-barred. This means you have lost the right to file a claim.
This three year deadline commences either from the date when the accident took place or from the date of knowledge. The date of knowledge is the date when it was determined that your spinal injury was caused directly or indirectly due to the accident.
You will need to be extra careful if the accident and injury occurred outside the UK. Laws differ from one country to another and the time limit for filing a spinal injury compensation claim could be less than three years or it could be more. To avoid the risk of having your case time barred, it is advisable to consult with a specialist spinal injury claims solicitor as soon as possible.