Paralysis can result in the loss of use of one, two, or all four limbs. It could also mean partial paralysation or total loss of use on one or both sides of the body. The ramifications of this are tremendous, both for the paralysed individual and for their family. If you or a loved one have been left paralysed following an accident or incident caused by negligence, you may be eligible to make a paralysis claim for compensation.
In this guide to paralysis compensation claims, we’ll discuss what types of negligence could result in paralysis, and how the claims process works. Additionally, we’ll look at what level of settlement could be paid as compensation for paralysis. While no amount of compensation will return things to how they were before the injury, it could make life a little easier and help you to cope with the financial pressure paralysis injuries can cause.
If you would like free advice on taking legal action, please feel free to speak to our team today by calling 0800 6524 881. If you’d rather learn more about the paralysis claims process before calling, please read on.
Table of contents
- Am I Eligible To Make A Paralysis Claim For Compensation?
- Evidence To Support A Paralysis Injury Claim
- Common Causes Of Paralysis Compensation Claims
- How Much Compensation For Paralysis Could I Claim?
- Time Limits For Claiming Paralysis Compensation
- Using A Personal Injury Solicitor To Make A Paralysis Compensation Claim
As paralysis isn’t always caused by somebody else’s negligence, there must be a genuine chance of success before a personal injury solicitor can take a paralysis claim on. Therefore, they will need to check whether:
- The party who you believe was at fault owed you a duty of care; and
- Their negligence led to an incident or accident; and
- You were paralysed because of that accident.
Duty of care is something your solicitor will be able to verify quite quickly if your case is taken on. For example, all medical professionals owe their patients a duty of care to keep them as safe as possible while caring for them. Similarly, your employer is responsible for your health and safety whilst you’re in the workplace.
To improve your chances of being compensated, there are several things you can do to help prove who was at fault. Therefore, in the next section, we’ll look at the evidence you could provide to prove your claim.
The paralysis injury claims process will only ever be successful if you can convince the defendant’s legal team (or a court in a small number of cases) that the defendant was liable for a) the accident and b) your injuries. For that reason, your solicitor will try to collate as much evidence as possible. That could include:
- Photographic evidence. If photos were taken at the scene of the accident, they can help to prove what happened especially if they were taken before anything was removed.
- Investigation reports. If your accident was investigated by the police or the Health and Safety Executive (HSE), their reports will outline what they believed happened leading up to the incident.
- CCTV footage. Any camera recordings can be useful when claiming compensation. Therefore, your solicitor will try to secure CCTV or dashcam footage as soon as possible.
- Medical notes. Any injury that results in paralysis is going to mean there are a plethora of medical notes available to help prove the extent of your suffering.
- Witness information. Where necessary, your solicitor might contact witnesses to your accident. If a statement is provided, it could be used to back up your allegations.
- Accident reports. Many accidents, such as those at work, must be recorded by law. Also, you are allowed a copy of the report. This could help by proving the location, date and time of the accident.
All of this evidence could help to prove why you’re eligible to claim paralysis compensation. Don’t worry if you don’t have all of it yet, though. If you call our advice centre, a specialist will review what you have already and see whether there are grounds to proceed with a claim. Alternatively, they may be able to advise what else you’ll need to support your case.
There are so many ways in which paralysis injuries can occur that we can’t list them all here. However, some common reasons that can lead to a paralysis compensation claim include:
- Road Traffic Accidents (RTAs). If you were injured in an RTA, for instance being paralysed after being knocked off of your motorbike, for example, a claim might be possible.
- Medical negligence. You may be able to claim damages for medical negligence if your paralysis was caused by a surgical error.
- Slips, trips and falls. Although slips might look comical to outsiders, they can lead to serious injuries. An example of where you might be able to claim is where you tripped and fell on a pavement caused by a defect that the council should have already repaired.
- Accidents at work. If you were paralysed because you fell from height at work because of inadequate training or a faulty ladder or safety equipment, you may be able to claim against your employer.
- Sporting injuries. While some knocks during contact sports are expected, paralysis compensation claims might be possible for a sports injury where insufficient protective gear resulted in you becoming injured.
We can help you claim for any type of accident if you were paralysed due to somebody else’s negligence. Therefore, please call today to discuss your options.
There is no blanket compensation awarded for paralysis, and any amount you might receive will depend on your unique circumstances. Essentially, paralysis compensation claims are based on two main elements. They are:
- General damages. This part of your claim is based on how severe your injuries are. The amount awarded will be based on figures listed in the Judicial College Guidelines (JCG).
- Special damages. As you can imagine, paralysis injuries can result in a lot of costs or financial losses. Therefore, you could include these in your claim. Some examples of what you could claim for include lost income, care costs, medical equipment costs and travel expenses. Additionally, you could claim for the cost of modifying your home and vehicle to help you cope better with your disability.
In general, compensation may be awarded for any or all of these factors:
- Pain and suffering.
- Actual medical expenses including hospital stay, diagnostic tests, specialist’s fees, cost of surgical procedures and cost of medicines.
- Projected medical expenses for long-term or lifelong treatment protocols including physiotherapy and counselling.
- Cost of travelling to and from medical check-ups and follow-up treatments.
- Cost of full-time or part-time home care.
- Cost of structural changes to your home or vehicle.
- Cost of mobility devices required to promote greater independence.
- Loss of income including present and future earnings as well as loss of promotions and other perks.
Current guidelines for general damages advise that settlement amounts for injuries involving paralysis fall into the following brackets:
- £324,600 to £403,990 compensation for Tetraplegia/Quadriplegia.
- £219,070 to £284,260 compensation for Paraplegia.
There are of course other injuries that result in paralysis such as monoplegia and hemiplegia.
Independent medical reports may be required as part of the claims process to help work out the full extent of your injuries and your suffering. Our solicitors can usually arrange for this to take place locally to claimants.
In the UK, all personal injury claims have a 3-year time limit. Generally, this will begin on the date you were paralysed. However, this date could be extended to your date of knowledge. For example, if you were in a coma following your injury, your time limit would start from the date you became aware of your paralysis.
There is a lot of work required when seeking damages for paralysis. For that reason, we suggest that you begin as soon as possible. If you do, you’ll allow your solicitor plenty of time to collate evidence and arrange for medical specialists to assess your injuries. Also, you’ll find it easier to recall the events that resulted in your injuries.
If you would like to ask any questions or check how long you have to claim, please get in touch.
Even if you think it’s obvious who caused your paralysis, you’re unlikely to be compensated unless you can prove what happened to their insurers. If there are any doubts, you could lose any compensation due or be paid less than you should.
We believe that you can improve your chances of being fairly compensated by using one of our No Win No Fee personal injury solicitors. If your case is accepted, they’ll use their legal acumen and experience to try and ensure you’re compensated fully.
During the paralysis injury claims process, your solicitor will handle everything for you and keep you up to date. If any objections are raised regarding liability, they’ll fight your corner and try to counter them. Where a compensation offer is made, it will be vetted and discussed with you to ensure it is fair before it is accepted.
If you would like to discuss how we could help you begin legal action, please call our team on 0800 6524 881. Remember, there’s no obligation to proceed but you’ll receive free legal advice about your chances of a successful paralysis compensation claim.