Spinal Injuries Claims
Spinal injuries can be devastating for the injured person and their family. They can cause paralysis to one or more limbs (paraplegia or tetraplegia), as well as the potential for other issues such as pain, numbness, incontinence and sexual dysfunction depending on the nature of the injury.
This can have a significant impact on a person’s physical and emotional wellbeing, as well as their ability to live independently. The injured person may no longer be able to work and may need constant care. Living accommodation may need adapting and help from the state may be limited.
Claiming compensation for a spinal injury is therefore often essential to ensure someone living with such an injury can get the care and support they need to have a full, happy life. A successful claim can provide funds for medical treatment, care support, medication and special equipment, as well as replacing lost income and compensating for pain and suffering and lifestyle changes.
At Graham Evans & Partners, we have been supporting individuals and families with spinal injuries for many years. Our experience of high value claims means we understand the types of issues you will need help with and can make the process of claiming compensation as painless as possible.
We offer a ‘no win, no fee’ spinal injury claims service, meaning you do not need to pay anything at the outset to start a claim.
How spinal injury claims work
Our personal injury lawyers can guide you through the entire process of claiming spinal injury compensation, ensuring you have the best chance of a fair outcome.
When you first meet with out team, we will give you an honest assessment of the strength of your case and how much compensation you may be able to secure. We will then investigate your claim, gathering evidence such as medical records and having your injury examined by independent medical experts.
Once we have a clear picture of what happened, we will put together a letter of claim and submit this to the person you hold responsible for your injury. This could be your employer or former employer if your spine was injured in a workplace accident, your local NHS Trust if the injury was due to medical negligence or a variety of other organisations.
Wherever possible, we will try to negotiate an out-of-court settlement with the defendant at the earliest opportunity, allowing you to secure fair compensation as quickly and easily as possible. However, if necessary, we will initiate court proceedings to resolve your claim.
Even where court proceedings are started, most claims can still be resolved with a pre-trial settlement. However, if you are required to attend a hearing, we will ensure you have the best possible representation and that you are fully prepared for the process. Depending on the circumstances, in may be possible for you to give evidence in writing or via videolink where attending court would be impractical.
Time limits for spinal injury claims
There is normally a 3-year time limit for making a personal injury claim or medical negligence claim for a spinal injury. There are some exceptions to this rule, however, depending on the circumstances.
If you do not immediately realise you have experienced a spinal injury, or only later realise that it may have been due to someone else’s negligence or deliberate action, the 3-year time limit may be counted from this point, rather than when the injury actually happened.
If the injury was suffered by someone under the age of 18, their parents or guardians have until they turn 18 to bring a claim for them. If this is not done, the injured party will have 3 years to bring a claim themselves once they turn 18.
If the injured party does not have the capacity to bring a claim, there is no time limit for someone else to bring a claim for them.
Funding a spinal injury claim
Most of our clients use a conditional fee agreement to fund their claim, commonly known as a ‘no win, no fee’ spinal injury claims. This means you do not need to pay anything upfront to start a claim and will only need to pay us is we win a settlement for you. Our fees for a successful claim will be based on a pre-agreed percentage of any compensation secured, so you will never be left out of pocket.
Other alternatives include legal expenses insurance and trade union funding for workplace accidents, either of which may be worth us considering with you depending on the situation.
For a no obligation discussion about starting a spinal injury claim, including more information about your funding options, please get in touch.
Your questions about spinal injury claims answered
Can I claim compensation for a spinal injury?
To be able to claim compensation you will need to be able to show that your spinal injury was caused or made worse by negligence on the part of a person or organisation that owed you a duty of care.
Establishing this will usually rely on various types of evidence and this will generally be easier to achieve the quicker you start a claim, so we recommend speaking to one of our personal injury lawyers as soon as possible.
How much compensation can I claim for a spinal injury?
This will depend on the circumstances, including the seriousness of your spinal injury and the impact this is having on your life.
You can normally claim two types of damages for a spinal injury:
Special damages for specific costs due to your injury up to the point of settlement e.g. paying for treatment and loss of income due to having to give up work
General damages for non-financial losses, such as pain and suffering, and changes to your lifestyle, and foreseeable future financial costs, such as on going care costs.
Will I need to go to court to claim compensation for a spinal injury?
The majority of spinal injury claims can be resolved without the need for a court hearing by negotiation or alternative dispute resolution. This means you can typically get a settlement faster and at lower expense that if court action is required, as well as generally being less stressful for you.
However, if your case does go to court, we will ensure you have the best representation available to ensure your claim is presented effectively and all the support you need before, during and after the hearing.
Our expertise in spinal injury claims
Graham Evans and Partners has been helping individuals and families across South Wales to claim compensation for catastrophic and spinal injuries for more than 30 years with a strong track history of success in securing high value settlements for our clients.
Our team includes a member of the Law Society’s Personal Injury panel and several members of the Association of Personal Injury Lawyers (APIL), as well as a Solicitors Regulation Authority (SRA) accredited personal injury specialist and senior litigator with APIL, as well as a former Deputy District Judge.
Graham Evans and Partners is SRA regulated providing assurance that we continually meet the highest legal and professional standards.
Start a catastrophic injury claim today
If you or a loved one have suffered a catastrophic injury that was not your fault and want to find out more about claiming compensation, contact your local Graham Evans & Partners office or use the contact form at the top of the page to request a call back.