Spinal Injury Compensation Claims
How long do I have to make a spinal injury compensation claim?
You have 3 years from the date of the accident to make a spinal injury compensation claim. If the accident occurred when you were a child, you have until your 21st birthday. If you are acting as the personal representative of a deceased’s estate, you have 3 years from the date of death. The court does have a discretion to allow claims to proceed out of time in exceptional circumstances.
How much compensation can I claim for a spinal injury?
Compensation is split into two parts: General damages – intended to reflect the injured person’s pain, suffering and loss of amenity, and Special Damages – all other financial losses suffered by that person as a result of their injury, such as lost earnings, costs of care and assistance, costs of aids and equipment, treatment costs etc.
There are a variety of spinal injuries ranging from simple soft tissue injuries which resolve within a matter of weeks or months, and injuries to the spinal cord itself which have life-changing effects like paralysis or loss of function.
- Injuries resulting in quadriplegia (paralysis or loss of sensation and movement of all 4 limbs and torso) warrant awards between £396,000 to £493,000.
- Injuries resulting in paraplegia (paralysis of the legs and lower body) warrant awards between £267,000 to £346,000.
- Injuries resulting in spastic quadriplegia (a severe form of cerebral palsy affecting all 4 limbs) warrant awards in the region of £181,000.
- Back injuries resulting in incomplete or partial paralysis and significantly impaired bladder, bowel and sexual function warrant awards between £111,000 to £196,000.
- Neck injuries involving severe fractures or damage to discs resulting in disability warrant awards between £80,000 to £159,000.
- Back injuries involving nerve root damage with associated loss of sensation, impaired mobility, bladder and bowel function, sexual difficulties and unsightly scarring warrant awards between £90,000 to £107,000.
- Injuries involving paralysis for up to 2 years before death occurs for unrelated reasons warrant awards up to £60,000.
Who can make a spinal injury compensation claim?
Anyone who has suffered a spinal injury as a result of negligence can make a spinal injury compensation claim. Litigation friends can assist children or protected parties to bring a claim. Personal representatives can bring a claim on behalf of a deceased’s estate.
- Litigation friends can be family members or friends who make decisions in the best interests of the child or protected party.
- Protected parties are adults who lack mental capacity to manage their own court cases.
- A personal representative is the person or people legally entitled to administer the estate of a person who has died.
How much does a spinal injury claim cost?
Spinal injury compensation claims are likely to be valued above £100,000. Therefore, fixed costs do not apply. However, the paying party, will only pay costs that are reasonable and proportionate. If the parties cannot agree, the court will assess the level of costs to be paid.
Spinal injury compensation claims will usually be funded under a Conditional Fee Agreement, commonly known as a ‘no win, no fee’. If the claim succeeds, the claimant will be liable to pay a success fee. The success fee can be no more than 25% of their compensation. There may also be an After-The-Event insurance premium that the claimant will also pay out of their compensation at the end. If the claim fails, the claimant will usually pay nothing.
How long does a spinal injury claim take?
Spinal injury compensation claims can take up to 2 years to resolve and may take longer depending on court timetables and the action that is required.
How do I make a spinal injury claim?
To be successful in a negligence claim, you will have to:
(i) Identify the correct Defendant,
(ii) Prove that the Defendant owed you a duty of care,
(iii) Prove that the Defendant breached their duty of care towards you,
(iv) Prove that the breach of duty caused your spinal injury.
There is a process and timetable the parties are expected to follow for the exchange of relevant information in order to resolve their dispute amicably. However, if the dispute cannot be resolved amicably, court proceedings may be necessary.