In this guide, we discuss when you could be eligible to make a serious spine injury claim. It will discuss more specifically the eligibility requirements you need to meet in order to have a valid personal injury claim, the evidence you could potentially collect to strengthen your case and the potential compensation payout that could be awarded following a claim that succeeds.
Additionally, our guide looks at what types of accidents could lead to you suffering an injury to the spine and the impact this could have on your quality of life. We also discuss how to prove liability against the third party who was responsible for your injuries.
After reading the guide, if you are interested in making a claim, our advisors can help. The first step they can take is to run through a brief and no-obligation check of your case to see if it’s valid. If they find your case to have eligible grounds to proceed, they can connect you with a No Win No Fee personal injury solicitor from our panel.
Perhaps you would like to get started now? If so, you can:
Browse Our Guide
- When Are You Able To Make A Spine Injury Claim?
- How To Make A Serious Spine Injury Claim
- Case Study: £1.5 Million Payout For A Serious Spine Injury Claim
- Potential Compensation From A Spine Injury Claim
- Make A Back Injury Claim On A No Win No Fee Basis
- Learn More About Claims For A Serious Injury
In order to have valid grounds to begin a serious spine injury claim, you must show you meet the following eligibility criteria:
- You were owed a duty of care by the third party.
- They breached their duty of care.
- As a result of this, you suffered physical and/or psychological harm.
These three points form the basis of negligence in personal injury claims. You need to prove negligence in order to proceed with your case.
It’s important to also start your claim within the personal injury claims time limit. As stated in the Limitation Act 1980, you generally have three years from the accident date to begin legal proceedings. Exceptions can apply in some circumstances, however.
Call our team if you would like to discuss the eligibility criteria and time limits in more detail. Alternatively, continue reading to learn more about the different third parties who owe you a duty of care.
Road Traffic Accidents
All road users have a care duty to one another whilst using the road. As per this duty, they need to act in a way that prevents themselves or others from being caused harm or damage. To ensure this duty is adhered to, they must follow the Road Traffic Act 1988 and the rules in The Highway Code. If there is a failure by another road user to do so it could lead to a serious road traffic accident. For example:
- The driver of a large vehicle on the motorway was looking at their mobile phone rather than concentrating on the road. As a result, they cause a rear-end collision with another vehicle when traffic on the motorway starts to slow. This leads to the driver of the other vehicle sustaining severe damage to their spinal cord.
Accidents At Work
Employers owe a duty of care to employees to ensure reasonable and practicable steps are taken to ensure their safety and well-being in the workplace. An employer’s duty of care is stated in The Health and Safety at Work etc. Act 1974 (HASAWA). A breach that leads to serious spinal injury at work could result in the following way:
- An employee is instructed to operate a mechanised vehicle, such as a forklift truck, without any training. Because of this lack of training, they crash the vehicle and sustain a spinal fracture causing partial paralysis.
Accidents In A Public Place
The party in charge of a public space, known as an occupier, owes a duty of care to take steps to ensure visitors’ reasonable safety when they are using the space. The Occupiers’ Liability Act 1957 outlines this duty. An example of a failure to ensure the reasonable safety of visitors leading to a serious public place accident could include:
- A slip or fall could occur in supermarket because of failure to indicate a wet floor surface with signs during cleaning. This could lead to a customer falling and sustaining a back fracture.
Our team are available to discuss whether you’re eligible to begin a serious spine injury claim. Call the number at the top of the page for more information.
Collecting as much supporting evidence as possible can strengthen a serious spine injury claim. This evidence can help prove how badly you were hurt and more clearly demonstrate that another party was liable. Some useful proof includes:
- CCTV footage or dash-cam footage.
- A diary that records your symptoms and treatment.
- Your medical records.
- Witness contact details.
- Photographs of the incident and your injury.
Please note, that this case study is just a figurative example to illustrate the claims process.
Mr Jones was taking the usual route home from work one evening when a drunk driver lost control of their vehicle and hit him in a head-on collision. The crash caused Mr Jones to sustain severe damage to his spinal cord as well as other injuries, such as a broken leg and cuts and lacerations.
It was determined at the hospital that Mr Jones would be paralysed permanently after this accident. This meant he was no longer able to work and required full-time care. He decided to seek legal advice about making a serious spine injury claim and instructed a solicitor to help him seek compensation. They were able to build a strong case against the other party using CCTV and dash-cam footage, as well as medical reports and witness statements.
Mr Jones was ultimately awarded a settlement of £2 million. This incorporated compensation for the way the injuries affected his quality of life and the financial impact the injuries had.
To discuss your specific case, please contact an advisor on the number above.
Compensation payouts awarded in a successful serious spine injury claim can be made up of general and special damages. General damages aim to compensate for the pain and suffering caused by the injuries. Factors such as the following can be considered when valuing general damages:
- The severity of the injuries.
- The treatment needed.
- Impact on the quality of life.
Legal professionals can use medical records and other resources such as the Judicial College Guidelines (JCG) to assist them in valuing your injuries. This publication lists different types of injuries, both physical and psychological, alongside compensation brackets, some of which you can see in the following table. These brackets are guidelines.
These figures should be used as a guide only.
|Injury||Description||Amount - Guidelines|
|Multiple Injuries - Serious||Compensation which reflects serious multiple injuries and the financial losses incurred as a result.||Up to £1,000,000 plus|
|Paralysis - Tetraplegia||Lower and upper body paralysis.||£324,600 to £403,990|
|Paralysis - Paraplegia||Lower body paralysis.||£219,070 to £284,260|
|Brain Injury - Moderately Severe||Very serious physical disability, such as limb paralysis.||£219,070 to £282,010|
|Back Injury - Severe (i)||Damage to the spinal and nerve roots causing severe disability and paralysis.||£91,090 to £160,980|
|Neck Injury - Severe (i)||Neck injuries which cause incomplete paraplegia.||In the region of £148,330|
|Special Damages - Loss of Earnings||Reimbursement for loss of earnings incurred due to permanent or temporary missed work because of the injuries sustained.||Up to £100,000 and above|
Special Damages Compensation
You could also receive special damages as part of your payout. This compensates for the financial and monetary losses caused by your spine injury. Examples of the costs you could claim compensation for include:
- Loss of earnings, both past and future.
- The expenses of adapting your home or vehicle.
- Medical costs.
- Travel expenses.
- Care costs to help you manage at home.
To learn more about what compensation could be included in your serious spine injury claim payout, connect with an advisor on the contact details above.
At Personal Injury Claims Care, our advisors can offer you a free consultation about your potential personal injury claim. They can assess the validity and strength of your case and potentially refer you to a solicitor from our panel who specialises in serious injury claims.
The solicitors off our panel can offer to work on your case under a Conditional Fee Agreement (CFA), which is a version of a No Win No Fee agreement. Under the terms of this agreement, you can access the work of a skilled personal injury solicitor with no upfront or ongoing fees. If the claim is not successful, there are no fees typically owed to the solicitor for the work completed on your case.
Claims that are a success require a deduction from the payout. This is a small and legally capped percentage that acts as a success fee for the solicitors.
Why not start your personal injury claim today with our free case check? An advisor could also answer any questions you have and offer free advice. To get in touch, you can:
We have some other guides which you may find useful:
- Read more about claiming compensation for an injury at work
- Learn how to claim after slipping on a wet floor.
- Find out about car injury back claims.
Furthermore, other useful external resources may help:
- Information from GOV.UK about statutory sick pay.
- Read about the spinal cord injury services available through the NHS.
- Helpful road accident and safety statistics from GOV.UK.
Thank you for reading this guide on when you could be eligible to make a serious spine injury claim. If you have any other questions, please contact an advisor on the number above.