If you or a loved one has suffered a spinal injury, you may be in a position to claim compensation. A spinal injury compensation claim is a legal process to secure the money you need to rebuild your life, with financial support for care, equipment and your physical pain and suffering.

It is a type of personal injury claim designed to compensate you for financial losses and the wider impact an injury has on your life. Given that serious spinal cord injuries can result in permanent disability and lifelong support needs, the financial consequences can be significant..

You will usually have the right to seek compensation where a spinal injury was caused by another person or organisation's negligence or breach of duty. This may apply to a sporting injury , a workplace accident , a road traffic collision or even a medical negligence incident. It is best to work with an experienced spinal injury claims lawyer who can gather evidence to prove that you were injured and that the circumstances were caused by someone else.

At Switalskis, our spinal injury lawyers can guide injured people and their families through the legal process of making a claim, and simplify things so you can focus on your recovery. We know that a spinal injury can be one of the most serious injuries a person can face, and that no amount of money can fix what has happened. However, spinal injury compensation can make life much easier, and hold the person responsible to account for their mistakes. In this guide, we explain when you can make a claim, what is involved in the process, and how it can help you to adjust in the aftermath of a serious injury.

When can you claim compensation for a spinal injury?

A spinal injury can happen in many ways. If it happens in an accident that should have been avoided, you can usually make a personal injury claim as a result. To succeed in a claim, it is generally necessary to show that someone owed you a duty of care, breached that duty, and that the breach caused your injury. In the case of road traffic accidents, other drivers and road users owe you a duty of care automatically, which means a commitment to drive as safely as possible. If you were injured at work, your employer may be responsible if they failed to take reasonable steps to protect your health and safety.

In some cases - particularly those where the injured person feels that they were responsible for the accident in some way - it can be easy to assume that you are not entitled to claim. However, given the serious impact that a spinal cord injury can have on your life, it is often worthwhile to contact a solicitor and discuss your circumstances. The experienced personal injury solicitors at Switalskis can advise you on whether or not you are in a position to claim based on a discussion of your circumstances.

Can you only claim for a serious spinal cord injury?

You can claim for a range of different types of injury, and while the severity affects how much compensation you can recover, any diagnosed spinal injury could entitle you to make a claim. Doctors use different terms depending on the location and severity of the damage to the spinal cord. Each type of injury affects different parts of the body, which may include the arms and legs, movement, and sexual function. They will also require different levels of care and ongoing support, both of which affect how much compensation you can receive.

Cervical spine injuries

The cervical spine is the top part of the spinal column in your neck. Severe cervical spinal cord injuries can result in tetraplegia, meaning all four limbs and the torso may be affected by paralysis.. This type of serious spinal injury needs the highest level of care, as the most serious cervical spine injuries can affect a person's ability to breathe without help.

Thoracic spine injuries

The thoracic spine is the middle part of your back. Damage here typically affects the chest and legs, although a person with a thoracic injury can usually use their arms. Severe thoracic spinal cord injuries often result in paraplegia, affecting the lower body while preserving arm function. Those with thoracic spine injuries will usually need mobility aids, such as a wheelchair or other equipment, to move around their home comfortably. A compensation claim can cover the associated costs.

Lumbar spine injuries

The lumbar spine is the lower part of the back. Injuries affecting the lumbar spine commonly impact the hips, legs, bladder, bowel or lower-body function, although the exact symptoms depend on the structures affected. If a lumbar spine injury causes chronic pain, difficulty walking or other serious symptoms, we can make sure your spinal injury compensation covers the cost of ongoing physiotherapy or other treatments.

Complete injury versus incomplete injury

A complete injury means the spinal cord cannot send any messages below the point of the injury. This results in a total loss of feeling and movement. An incomplete injury means that a person will have some movement or feeling in certain parts of their body. Both types of injury can enable you to make a successful spinal injury compensation claim.

How to make a spinal injury claim

To make a claim, you should contact specialist spinal injury solicitors as soon as possible. At Switalskis, the process starts with a free consultation during which we'll listen to your story and explain how we can help. We want to understand how the injury has changed your life to maximise the compensation you can recover through a back injury claim.

If you're entitled to claim and want to move forward, we will begin to collect evidence, including your medical records. You'll usually need a medical assessment from an independent specialist, who will identify any permanent symptoms or disability, and connect the injury to the circumstances of your accident. This medical evidence is often key to securing compensation without the need to go to court.

How much spinal injury compensation can I get?

The amount of compensation will depend on the specifics of your injury. A spinal cord injury affects everyone differently, and compensation is determined based on your individual needs, by looking at the severity of your injury, your age, your previous earnings, and any care requirements. Compensation is also based on Judicial College Guidelines, which establish compensation brackets for different types of awards. While there are no average or set compensation amounts, a claim for a complete injury to the cervical spine will be higher than a claim for a less severe back injury.

Spinal injury compensation is split into two parts to reflect these different effects of a severe injury. The first part is for the physical pain and suffering. This is called general damages. However, a serious spinal injury doesn't just affect the injured person physically. It also impacts their mental health, and any diagnosed conditions can also form part of your compensation alongside the impact on your quality of life and psychological wellbeing.

The second part is for the financial losses you have faced or will face, and is known as special damages. If you need to change your car, move to a new house, pay for private carers or cover private medical expenses, your spinal injury compensation claim should cover all these things and any other financial losses. Special damages can cover all of the following costs:

• Lost earnings and future income, if you are unable to work
• Private medical treatment costs
• Rehabilitation costs and occupational therapy
• Adaptations to your home or vehicle
• Costs for full-time care, whether provided by professionals or friends and family

Settlements for a spinal cord injury are generally higher than for other personal injury claims because the costs of a permanent disability are so high. Whatever your circumstances, our team will work to secure the full compensation to which you are entitled.

Obtaining early interim payments

Where liability has been admitted, or the evidence is sufficiently strong, we will seek interim payments. A final settlement takes a long time to reach, especially for a serious back injury. Interim payments are smaller amounts of money paid out before the final claim is finished. These payments can cover immediate needs like rehabilitation costs or medical bills, before you receive the full back injury compensation that you're entitled to.

Do I need a solicitor to seek back injury compensation?

It is always best to work with an experienced solicitor who can offer legal support during the claims process. Seeking compensation means making a legal claim, and you may lose out on compensation if the process is not followed correctly.

At Switalskis, our spinal injury lawyers have the expertise you can trust. We understand the medical side of a spinal cord injury and the legal process, because we have worked with many spinal injury clients and helped them to secure the funds they needed. Our specialist knowledge can make a real difference in the amount of compensation you receive for a spinal cord injury claim.

In most personal injury claims, court proceedings must be started within three years of the date of the accident or the date you became aware that negligence caused your injury. Different time limits apply to children, protected parties and some medical negligence claims, so it is important to seek legal advice as soon as possible.

If you are ready to talk about your accident, we are ready to listen. Making a spinal injury compensation claim can be the first step toward securing your future. Whether it is a back injury from work or a spinal cord injury from a car accident, our specialist spinal injury solicitors are here for you. We will make a no win, no fee claim on your behalf, to allow you to pursue compensation through a no win, no fee agreement, subject to its terms and conditions..

Call us today for a free, no obligation consultation on 0800 1380 458 or get in touch via our website .