This guide will discuss how to make a personal injury claim for a spinal cord injury. It will explore the eligibility criteria that must be met, the time limits for starting legal proceedings, and the evidence that you can gather to support your case.
There are several third parties that owe a duty of care, including employers, road users, and occupiers. If either of these failed to uphold their duty of care, it could cause an accident in which you sustain harm. We will provide examples of how this could occur later in our guide.
A spinal cord injury can cause permanent and severe effects. If you are eligible to claim compensation, you could be awarded a settlement that addresses the pain and suffering your injuries have caused as well as the financial losses. You can find more information on how personal injury compensation is calculated throughout our guide.
For more information, you can get in touch with an advisor from our team. They can assess whether you have valid grounds to claim and may connect you with a No Win No Fee solicitor from our panel. To get in touch, you can:
Select A Section
- Could I Make A Personal Injury Claim For A Spinal Cord Injury?
- How Do I Make A Personal Injury Claim For A Spinal Cord Injury?
- What Accidents Could Lead To Spinal Cord Injuries?
- Examples Of Spinal Cord Injury Claim Payouts
- Start Your Claim With A No Win No Fee Solicitor
- Spinal Cord And Back Injury Claim Resources
In order to begin a personal injury claim for a spinal cord injury, you need to establish negligence. This involves proving the following:
- You were owed a duty of care.
- This duty of care was breached.
- You experienced harm as a result of the breach.
Additionally, you need to start your claim within the time limit set out in the Limitation Act 1980. This states that you generally have three years from the date of the accident to begin your claim.
There are several third parties who owe a duty of care. You can learn more about this in the following sections.
Accident At Work
The Health and Safety at Work etc. Act 1974 sets out that your employer owes you a duty of care to take reasonable and practicable steps to prevent harm to employees at work or while they are performing work-related tasks. Examples of the steps they need to take include:
- Carrying out regular risk assessments and addressing any hazards they become aware of
- Ensuring machinery is safe and fit for purpose
- Providing adequate training
If this duty was breached, causing your accident and subsequent injuries, you could be eligible to make an injury at work claim.
Road Traffic Accidents
Road users owe each other a duty of care under the Road Traffic Act 1988. It states that care needs to be taken to prevent harm to themselves and others when navigating the roads. There are also rules, backed by law, in the Highway Code that road users need to adhere to.
A failure to uphold their duty of care could include:
- Driving above the speed limit
- Failing to check mirrors and signal before making any maneuvers
- Not carrying out regular safety checks on a vehicle
- Driving under the influence of drugs and alcohol
If you are injured in a road traffic accident after another road user breached their duty of care, you could be eligible to make a claim.
Public Place Accidents
Visitors to public spaces are owed a duty of care by those in control of the space under the Occupiers’ Liability Act 1957. They need to take steps to ensure the reasonable safety of those visiting the space for its intended purpose.
They could fail to do so causing you to sustain harm. In these instances, you may be able to begin a personal injury claim.
To learn more about eligibility, get in touch using the number above.
As part of the personal injury claims process, you should gather evidence to prove negligence. For example, you could collect:
- Dashcam footage
- CCTV footage
- Pictures of the accident and your injuries
- A copy of your medical records
- Contact details of possible witnesses
- A journal containing details on your injuries and the symptoms you experienced
If you need help with collecting evidence, you can get in touch with an advisor. They may be able to connect you with a solicitor from our panel, provided your claim is valid and has a chance of success.
The solicitors on our panel can use their experience to guide you through the process of seeking compensation. For more information on the services they could offer, get in touch on the number above.
There are several types of accidents that could lead to spinal cord injuries. For example:
- You could slip and fall in a restaurant after a spillage wasn’t cleaned up or signposted in an adequate timeframe. As a result, you sustain moderate damage to your spinal cord.
- You may sustain a slipped disc injury in a manual handling accident after your employer failed to provide you with adequate training.
- A road traffic accident involving a driver operating their vehicle under the influence of drugs could lead you to sustain severe damage to your spinal cord resulting in paralysis.
To discuss when you could be eligible to make a personal injury claim for a spinal cord injury, get in touch using the number above.
Personal injury settlements following a successful claim could comprise general damages and special damages. General damages are awarded to compensate you for the physical and emotional suffering caused by your injuries.
When valuing what you could be owed for your injuries, personal injury solicitors can consider the guideline award brackets in the Judicial College Guidelines to help them. We have included some of these figures in the table below. However, you should only use them as a guide because each case is unique.
|£324,600 to £403,990
|Factors such as the person’s age, degree of independence and psychological impact will be considered when assessing the award given.
|£219,070 to £284,260
|Factors such as the person’s age, life expectancy and degree of independence will be considered when assessing the award given.
|£91,090 to £160,980
|Damage to the spinal cord and nerve roots causing pain and severe disability.
|£74,160 to £88,430
|Nerve root damage with associated lost sensation, impaired mobility and impaired function of the bowel and bladder.
|£38,780 to £69,730
|Disc lesions as well as fractures of the discs or vertebral bodies are included in this bracket.
|£27,760 to £38,780
|There may be continuous pain and a need for spinal fusion. Symptoms could include constant pain and discomfort.
|In the region of
|Incomplete paraplegia is associated with neck injuries in this bracket.
|£65,740 to £130,930
|Damage to discs in the cervical spine that lead to disabilities of a considerable severity, such as a substantial loss of movement in the neck as well as a loss of function in one or more limbs.
|£24,990 to £38,490
|Fractures or dislocations that may require a spinal fusion due to severe and immediate symptoms.
How Special Damages May Be Calculated
Special damages are awarded to compensate you for financial losses you have incurred as a result of your injuries. However, evidence will be needed to prove these losses. Examples of the costs you could claim back and the evidence that you could gather to prove the loss include:
- Medical costs: You could keep a copy of prescriptions and receipts to support this.
- Transport costs: Travel tickets, such as from the bus or train, can help prove losses such as these.
- Loss of earnings: Payslips can help demonstrate these.
For more information on the compensation you could be awarded should your claim succeed, get in touch using the contact number at the top of the page.
A No Win No Fee solicitor from our panel could offer their services under a specific kind of contract that allows you to access their work without paying upfront or ongoing fees. The arrangement they could offer is known as a Conditional Fee Agreement. As such, you won’t have to pay for your solicitor’s work if the claim were to fail.
If your case is successful, you will be charged a success fee. This is taken as a percentage of your compensation. However, the amount a solicitor can charge is capped by the law.
For more information on working with a solicitor from our panel, you can speak with an advisor. They can offer further guidance on anything of which you may be unsure. To reach them, you can:
For more of our helpful personal injury guides:
- A Guide To Lumbar Spine Injury Compensation Claims
- Car Accident Claims Guide
- What Are My Rights After An Accident At Work?
For more external resources:
- Employer’s responsibilities – Health and Safety Executive
- Road safety laws – THINK!
- When to call 999 – NHS
Thank you for reading this guide on when you could be eligible to make a personal injury claim for a spinal cord injury. If you have any other questions, please get in touch using the number above.
Article by ET