A spinal injury after a car accident can be devastating and life-changing. In the days and weeks that follow, you may be facing pain, reduced movement, hospital appointments and uncertainty about what your recovery will look like. For some people, the effects are temporary. For others, a spinal cord injury can result in permanent, life-changing effects to their mobility, independence, work, relationships and home life.

If the accident was caused by someone else’s negligence, you may be able to make a claim for spinal injury compensation . This could apply if you were a driver, passenger, pedestrian, cyclist or motorcyclist injured in a road traffic accident. A claim will allow you to recover any financial losses caused by the accident, including for long-term care and rehabilitation needs.

The serious injury team at Switalskis has extensive experience supporting clients with complex and serious spinal injury claims. Here, we explain when you may have a claim, guide you through the claims process and explain what we will do to secure the compensation you are entitled to.

Can you make a spinal injury claim on a no win, no fee basis?

Many spinal injury claims can be funded through a conditional fee agreement, often called a no win, no fee agreement. This means you won’t need to pay legal fees upfront.

If your claim succeeds, a percentage of your compensation will be used to cover our fees. We’ll explain this clearly before you decide whether to move forward, so you understand any costs from the start. If your claim is unsuccessful, you won’t pay our legal fees - this means you will not take on any financial risk for making a claim, no matter the outcome.

When can you claim for a spinal injury after a car accident?

You can make a spinal injury claim if you can show that another road user was responsible for the accident and that the accident caused your spinal injury.

To make a successful claim, you’ll need to show that:

• Another road user owed you a duty to take reasonable care on the road
• They failed to take reasonable care
• Their actions caused the road traffic accident
• The accident caused your spinal injury

Negligence can happen when a driver fails to act safely or pay proper attention to the road. This might include speeding, using a phone, driving too close, pulling out at a junction without checking, failing to stop in time or driving under the influence of alcohol or drugs.

If this behaviour caused the accident that led to your spinal injury, you may be able to claim compensation. Even if you are unsure where fault lies, you should still speak to a spinal injury solicitor. At Switalskis, our team will be able to advise you on whether it is possible to make a claim, and help you to gather evidence that can demonstrate that another person was responsible, even if this wasn’t clear at the scene.

What spinal injuries can you claim for?

Spinal injuries vary widely in their severity and long-term effects. Some people experience minor back injuries that improve with treatment, while others suffer serious catastrophic spinal injuries that affect movement, independence and quality of life.

A serious spinal injury can affect the spinal cord, spinal column, nerves and surrounding tissue. In some cases, a spinal cord injury will affect bladder or bowel control, sexual function, sensation or the ability to walk.

You don’t need to know the full medical picture before speaking to a solicitor. If necessary, further medical evidence will be gathered as part of your claim, including medical records, scans, expert reports and an independent medical assessment to understand the full impact of your injury.

What does spinal injury compensation cover?

Spinal injury compensation is usually split into two parts: general damages and special damages.

General damages cover the actual injuries sustained and their effect on your life. This can include pain, suffering, reduced mobility, loss of independence, psychological distress and the impact on your daily life.

Special damages cover the financial losses caused by the accident. This can include: 

• Medical expenses
• Private treatment
• Rehabilitation support
• Physiotherapy
• Counselling
• Lost earnings
• Future loss of income
• Travel costs
• Care needs
• Home or vehicle adaptations
• Mobility aids
• Future surgery
• Damaged personal belongings.

In spinal injury cases that have led to long-term disability, compensation can also provide ongoing support, rehabilitation and adaptations to accommodation.

At Switalskis, we understand the importance of securing compensation that reflects the full picture of what has happened, while also covering you for future needs. In some cases, interim payments may be available. These are early payments made before the final settlement that can provide funding for urgent costs, such as treatment, rehabilitation or lost earnings, while our solicitors work to secure the maximum compensation available for your claim.

What evidence do you need to make a spinal injury claim?

Evidence is critical to any spinal injury compensation claim. It allows your solicitor to show how the accident happened, who was responsible and how the injury has affected your life.

Useful evidence to gather where you are able includes the other driver’s insurance details, police reports, witness statements, photographs of the accident scene or vehicle damage, and any dashcam or CCTV footage. Medical records, scans and specialist reports will also help to show the extent of your spinal injury and the treatment or rehabilitation you may need.

Evidence of financial losses is also important. You should save payslips, receipts for travel and other expenses, invoices, medical bills and records of any care or support you’ve needed. A personal impact statement can also provide important evidence of how the injury has affected your day-to-day life.

We understand that a serious spinal injury may mean you’re unable to collect evidence in the immediate aftermath of the accident. You don’t need to have everything before speaking to us. Switalskis can work with the evidence you already have, seek further information to support your case and deal with the insurance company on your behalf.

For more information on gathering evidence for a claim , read our blog.

What if you were partly responsible for the accident?

You may still be able to claim compensation if you were partly responsible for the accident. This is known as contributory negligence in personal injury law.

For example, the other driver may argue that you contributed to the accident in some way. This could include not wearing a seatbelt, travelling too fast for the conditions, failing to pay proper attention or making a manoeuvre that contributed to the collision.

If contributory negligence is accepted, it doesn’t always mean your claim fails. Instead, your compensation may be reduced to reflect your share of responsibility. If you were found to be 25% responsible for the accident, you would usually receive 75% of the compensation awarded.

This share may be agreed during negotiations with the other side, or decided by a court if agreement can’t be reached. This is why evidence is so important, alongside the support of a strong legal team that will make sure your position is protected and challenge claims of shared responsibility where the evidence doesn’t support them.

Find out how Switalskis can help you

No two spinal injury claims are the same, so general guidance can only go so far without understanding the details of your situation. To get advice tailored to your circumstances, including the legal process and the compensation you may be entitled to claim, it is best to speak to an experienced solicitor. 

The Switalskis serious injury team has extensive experience handling complex and high-value spinal injury claims, and a strong track record of success in spinal injury claims. Contact us today to learn more about how we can help and what to expect from your claim. Call Switalskis on 0800 138 0458 or get in touch via the form on our site.