By Daniel Riker. Last Updated 15th June 2022. Quadriplegia is a condition that causes you to be paralysed from the neck down. In order to claim compensation for this kind of injury, it would need to have happened as the result of negligence.
In this guide, we will look at the different scenarios in which you’re owed a duty of care. This guide will also address how compensation is calculated.
Our advisers are available for a free consultation about whether you have a valid claim.
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Choose A Section
- What Is Quadriplegia?
- How Somebody Could Suffer Paralysis
- What Is The Difference Between Quadriplegia And Paraplegia?
- Quadriplegia Compensation Payouts For 2022
- What Is Different About A No Win No Fee Claim?
- Extra Information About Quadriplegia Claims
Quadriplegia, sometimes referred to as tetraplegia, is the term used for any paralysis that affects the use of both your arms and legs
It is can be caused by spinal cord injuries and often leads to a lack of sensation and a loss of function.
Paralysis can be caused by a number of different factors. These include injury to the spinal cord, brain damage or conditions like cerebral palsy or spina bifida.
You may be able to claim compensation for paralysis. However, in order to do so, you would need to show that the incident occurred because of a breach of duty of care.
Statistics For Quadriplegia Injuries
The World Health Organisation (WHO), estimates 250,000 to 500,000 people a year suffer a spinal cord injury; the leading causes include road traffic accidents and falls.
It’s important to note that not all of these cases of spinal cord injury will lead to quadriplegia. Furthermore, not all of these instances will be related to negligence.
In some scenarios, you are owed a duty of care. This duty of care means that someone is responsible for ensuring your safety.
There are a number of different scenarios in which you’re owed a duty of care. If a breach of this duty happens and you sustain an injury as a result, you might be able to claim.
The situations in which you are owed a duty of care include:
- In the workplace– Your employer’s duty of care towards you is set out in the Health and Safety at Work etc. Act 1974. This states that they need to take all reasonably practicable steps to ensure your safety at work. If they fail to do so, then you could be injured. For example, if your employer failed to ensure that work equipment is properly secured, this could result in you being hit by a moving object in an accident at work that damages your spinal cord.
- On the road– All road users owe one another a duty of care. This is set out in the Road Traffic Act 1988. If another road user breaches this duty of care and causes a crash in which you’re paralysed, you may be able to make a road traffic accident claim.
- In public– While you’re in a public place, the “occupier” (the party in control) needs to take reasonably practicable steps to ensure your safety. This is set out in the Occupiers’ Liability Act 1957. For example, if a wet floor in a supermarket was not cleaned up or signposted in a reasonable time, it could cause you to slip and fall, resulting in a head injury that causes paralysis.
For more information on how an accident caused by negligence could lead to quadriplegia, speak with our team.
While quadriplegia causes paralysis of all four limbs, paraplegia only affects the lower limbs of the body, and sometimes the lower abdomen.
If you’ve sustained paralysis as a result of negligence, then there are a number of different steps that you can take to strengthen your claim.
You can seek legal advice. This isn’t a requirement, but you might find that it’s useful in making the claims process run more smoothly.
You should also collect evidence relating to your accident. For example, you might provide:
- Witness contact details so that a statement can be taken at a later date
- Photographs of the scene of the incident
- Records, such as police records or a report from an accident book.
You should also seek medical attention after you’ve been injured. Not only will this enable you to get the treatment you need, but it will also generate medical records that can be used to value your claim. In addition to this, you might be invited to a medical assessment as part of your claim. The report from this assessment will be used to value your settlement.
The portion of your quadriplegia compensation that directly addresses the physical or psychological suffering caused by the injury itself is known as a general damages payment. The value of this figure can depend on considerations such as how severely the injured person’s life has been affected. Quadriplegia, whilst a serious injury in any context, can still have varying levels of severity.
Legal professionals will use various resources when calculating the amount of general damages in a quadriplegia claim. They can use medical evidence to assist them in this process. In addition, they can also use a publication called the Judicial College Guidelines (JCG). The JCG was last reviewed and updated in 2022 – it contains a detailed list of injuries, including quadriplegia. There are associated figures alongside each injury that can give you a rough idea as to how much a general damages payment could be worth.
|Tetraplegia (also known as Quadriplegia)||Level of pain and awareness will dictate the amount of compensation awarded||£324,600 to £403,990|
|Paraplegia||Level of pain and awareness will dictate the amount of compensation awarded||£219,070 to £284,260|
|Very Severe Brain Damage||Could result in physical limitations including paralysis||£282,010 to £403,990|
|Moderately Severe Brain Damage||May result in physical disabilities such as limb paralysis.||£219,070 to £282,010|
|Severe (i) Back Injuries||Severe pain, disability and incomplete paralysis.||£91,090 to £160,980|
|Severe (ii) Back Injuries||Impaired mobility and loss of sensation.||£74,160 to £88,430|
|Severe (iii) Back Injuries||Disk lesions or fractures of discs that cause disability despite treatment.||£38,780 to £69,730|
|Severe (i) Neck Injuries||Associated with incomplete paraplegia.||In the region of £148,330|
|Severe (ii) Neck Injuries||Substantial loss of movement in the neck and loss of function in one or more limbs||£65,740 to £130,930|
|Severe (iii) Neck Injuries||Causing significant disability of a permanent nature.||£45,470 to £55,990|
The second potential part of your compensation is known as special damages.
This head of your claim will compensate you for any financial losses that your injuries have led to.
Special damages could cover:
- Loss of earnings
- Travel costs to and from medical appointments
- Modifications you need to make your house or vehicle
- The loss of amenities in your personal life
- Care costs
- Mobility aids
You should provide proof of these costs. For example, receipts can demonstrate costs you have incurred while payslips can show the amount of money you’re losing out on if you’re unable to work.
In order to get a more accurate assessment, your case will need to be assessed individually. This is because each case is unique, so the value will vary from the figures shown. Get in touch with our advisors today for a bespoke valuation of your settlement.
If you’d like to have a solicitor work on your quadriplegia claim, but you’re concerned about the cost of legal representation, you may be interested in working with a personal injury solicitor on a No Win No Fee basis.
This means that you would not be expected to pay your solicitor upfront or as the claim progresses. You also won’t be asked to pay anything if the claim fails.
If the claim is a success, a success fee will be deducted from your award. This fee is subject to a legal cap, meaning you will keep the majority of your compensation award.
This is different from the traditional method, where you would be charged for their services regardless of the outcome. For more information on No Win No Fee agreements, speak with an advisor today.
Contact Us To Talk About Making A Quadriplegia Claim
If you are interested in hiring solicitors on a No Win No Fee basis for a quadriplegia claim, then you can contact our advisers to see if you could be put through to a lawyer from our panel.
Our advisers can be reached via:
- The number at the top of the page
- This contact page
- Our Live Chat feature
The NHS offers a mental health directory for access to support and information if your injury is affecting you psychologically.
The government website features information on how to access financial help for a disability
Living Made Easy, offers guidance on mobility items and what benefits they could offer in coping with quadriplegia.
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