Whether you’ve suffered a spinal injury in a road traffic accident, a fall at work, or due to medical negligence, if the accident wasn’t your fault you may be eligible to make a spinal injury claim for compensation. Therefore, we’ll show you why you might be eligible to make a spinal injury claim for compensation and how the process works. We’ll also explain how compensation levels are set and show how much you might be paid for your back injury.
Spinal injuries can be some of the most serious injuries you could possibly sustain and can lead to lifelong disabilities. Even where spinal cord injuries don’t lead to some form of paralysis, you might have to struggle with limited movement due to back pain for the rest of your life.
We have a team of specialist solicitors that provide a No Win No Fee service for spinal injury claims. They have many years of experience in personal injury claims and could represent you if you decide to start a claim.
If you’re ready to start a spinal injury claim right away, why not give us a call? Otherwise, please continue reading our guide on spinal injury claims.
Are You Eligible To Make A Spinal Injury Claim?
There are many different types of accidents that could cause you to suffer a spinal injury. We’ll review them in more detail shortly. However, whether you’re eligible to claim compensation for a spinal injury will boil down to the following criteria:
- Did the defendant owe you a duty of care?
- Did they act negligently?
- Was your spine injured as a result of that negligence?
Demonstrating that your case meets these criteria is what you’ll need to do if you want to make a spinal injury claim. To do so, you’ll need as much evidence as possible. Regardless of what type of accident you were involved in, you should where possible:
- Look for any witnesses who saw the accident and ask for their contact details.
- Photograph the accident scene as soon as possible (before anything is moved ideally).
- Report the accident if you’ve suffered a back injury at work or in a public place. This will mean an accident report will be filed.
- Get your injuries treated at a hospital. If a spinal injury is suspected, an ambulance should be called to help move you safely and avoid further damage.
- Try to obtain CCTV footage if the accident scene was covered.
- For road traffic accidents, take down details of any other vehicles involved.
- Keep track of any expenses you incur as these could be claimed back.
Your next step might be to give us a call on 0800 6524 881. We’ll look at what evidence you have already and let you know if it’s strong enough for a successful claim. Don’t be discouraged if you require more evidence, though. Our advisors will explain what’s needed and how we can obtain it.
There’s nothing to lose by calling as your review will be free whether you decide to make a spinal injury claim or not.
Common Causes Of Spinal Injury Claims
Accidents involving force can often result in back injuries. The force doesn’t always need to come from behind though. The spine can be injured when being hit from any direction. While we can’t list every different accident that could cause you to suffer a back injury here, we have listed some common causes of spinal injuries leading to compensation claims. They include:
- Road traffic accidents.
- Medical negligence during surgery. Claims are possible against the NHS and private medical providers.
- Falls from height in the workplace.
- Slips, trips or falls including falling down the stairs.
- Sporting injuries.
- Criminal assault.
- Birth injuries affecting the neck area of the spinal cord.
Any of the injuries listed (and those that aren’t) could lead to a spinal injury claim if they were caused by negligence. For example, if you fell from height at work and injured your back, you could sue your employer if they failed to provide adequate protective equipment.
The types of injuries that could lead to a claim include:
- Tetraplegia (or quadriplegia).
- Disc lesions.
- Disc fractures
- Soft tissue injuries (such as those seen in whiplash injuries).
If you’d like to know if you could make a compensation claim for your back injury, why not speak to our team today?
How Much Compensation For A Spinal Injury?
When it comes to calculating compensation amounts for spinal injuries, it is often very complex. Sometimes it’s not possible to understand the impact of the injuries for a very long time, especially for cases linked to birth injuries. When spinal injury compensation claims are assessed, the factors used to determine compensation levels include:
- How much pain you have to endure because of the injury.
- Your reliance on others.
- The loss of amenity and future prospects.
- The psychological impact of your injuries.
On top of this, any financial impact needs to be considered. Therefore, your claim could also include:
- Care costs.
- The cost of adapting your home and vehicle to help you cope.
- Your lost earnings as well as future lost earnings.
- Medication costs.
Due to the complexity of these type of claims, we can’t tell you exactly how much compensation for a spinal injury you might receive without all of the details of what’s happened and why. Only after your case has been reviewed by a solicitor and medical reports have been obtained will it be possible to provide a reasonable compensation estimate.
We haven’t included every possible spinal injury payout amount here so don’t fret if yours isn’t included. We could still help you begin your spinal injury claim.
We need to emphasise that these figures are for general damages and don’t include special damages and therefore should be used as a guide only. If your claim is settled in your favour, we can’t guarantee you’ll receive the amounts listed.
Spinal Injury Claims Time Limits
In most personal injury claims, there is a 3-year time limit in which to make a claim. This applies to adults who’ve sustained spinal injuries and will usually start on the date of the accident. However, it is important to point out that spinal injury claims involving children don’t have this time limit applied until they are 18 as a parent can claim on their behalf at any time before their 18th birthday.
Similarly, if an adult sustains a back injury and they don’t have the mental capacity to claim, a friend or relative can claim on their behalf at any point (unless their mental capacity returns). When claiming on behalf of a child or an adult, the litigation friend process will be used. This means you’ll sign court papers to agree to act in the claimant’s interests and deal with solicitors on their behalf.
While minor spine injury claims could be settled within a few months to a year if the defendant admits liability, more complex cases can take much longer. Claims involving paralysis may not be fully resolved until the claimant’s prognosis is fully understood. This can take several years. However, solicitors can ask for interim payments to be paid in these cases to help the claimant and their family until the case is settled.
If you would like us to review your spinal injury claim for free, please call our specialist advisors. There won’t be any pressure to make a claim as we provide this service on a no-obligation basis.
Spinal Injury Claims And How Personal Injury Solicitors Can Help
As we have hopefully demonstrated throughout this guide, spinal injury claims can take a long time and may require lots of complex evidence. They will usually be made against insurance companies or the NHS who will want to limit the amount of compensation they payout. Therefore, we believe that any such claim should be handled by an expert personal injury solicitor.
Not only will you benefit from your solicitor’s legal training and experience, but you’ll also have somebody to turn to if you have any concerns or queries during the claims process. Because our solicitors work on a No Win No Fee basis, we believe you’ll find the whole process less stressful. We also believe that having legal representation could mean you’ll receive a higher amount of compensation as they’ll make sure everything is considered before your spinal injury compensation claim is submitted.
We are ready to take your call if you’d like to discuss how we can help you. Our free-phone number is 0800 6524 881. Please call today and let us know what has happened.
Remember, no matter how straightforward your claim appears to be, if it is not presented professionally and concisely, you could miss out on the compensation you’re entitled to. Our solicitors will always aim to ensure you receive the maximum settlement possible in your case. Although they’ll try to do everything for you during the case, your solicitor will keep you in the loop and provide regular updates about any progress in your spinal injury claim.
Updated 17th August 2021.