Spinal Injury Claims

The first step is to contact our team and talk us through your situation. We’ll listen carefully and compassionately to assess whether you have a viable claim. This initial consultation is free and comes with no obligation to proceed.

If we believe your case is valid and you decide to go ahead, here’s what comes next:

• Your solicitor will visit you at home to meet you to take your instructions on what happened and get a full understanding from you as to how you are and what the key issues are. This will then be formalised into a witness statement for the Court.
• Your solicitor will then request all of your medical records and seek disclosure of any investigation reports completed by the Defendant.
• Independent medical experts will be instructed to provide an opinion on the standard of car provided and set out whether there were any breaches of duty. Thereafter, if there are any breaches of duty further expert evidence will be obtained to advise as to whether the failings caused or materially contributed to your injury and / or loss.
• It may then be appropriate to hold a conference with a you, a barrister and the medical experts.
• Your solicitor will then send a Letter of Claim to the healthcare provider responsible, explaining what happened, setting out the allegation of negligence and detailing the injuries and losses you are claiming for. They will then have four months to investigate and respond.
• If the defendant accepts liability, your solicitor will look to secure an interim payment on account of damages to provide a vital cash injection that could be used to purchase aids and equipment, care and assistance, a new property or adapt your existing property and or any therapies you require.
• It is likely additional experts will then need to be instructed to fully quantify the claim with a view to then going on to negotiate a fair settlement.
• If the claim is disputed efforts are made to seek to narrow down issues in dispute with the defendant, failing which formal court proceedings will be commenced and it will proceed to trial if the evidence continues to support a claim.

Yes. We can offer our support in spinal injury compensation claims for a third-party claimant if they are:

• Under 18 years old, or
• Mentally or physically unable to independently pursue their claim.

You may also claim on behalf of someone who has passed away as a result of medical negligence. If you’ve struggled through the pain of losing a close family member to negligent treatment following a spinal cord injury, we are here to support you.

Like most medical negligence cases, you typically have three years to make spinal cord injury compensation claims. This timeframe starts from either:

• The date of the negligence, or
• The date you became aware, or ought to been aware, that negligence caused the spinal cord injury or complications surrounding your recovery.

Certain exceptions apply:

• If the injured person is under 18, a claim can be made at any time on their behalf before their 18th birthday. After that, they themselves have until they turn 21.
• If the person lacks the mental capacity to claim themselves, there is no time limit.

We understand that pursuing legal action may feel overwhelming after suffering a life-changing injury. However, due to claim time limits it’s advised that you start at the earliest opportunity.

Yes, you can. Whether it occurred in an NHS hospital, private clinic, or other healthcare setting, you can claim for spinal cord injury negligence.

Some people worry that claims against the NHS could take funds away from essential healthcare services. However, NHS Resolution, the body responsible for handling medical negligence claims, has a separate budget for compensation. Patients who claim successfully will always receive the financial support they need without impacting frontline NHS care.

Our expert spinal injury claims solicitors have extensive experience handling NHS claims of all types and severities. We guarantee a smooth and seamless claims process for you, no matter the defendant.

Every spinal injury claim is different and presents its challenges both to you and your solicitor. If your claim is successful, the final compensation award varies depending on the injury severity and its impact on your life.

Factors influencing your potential spinal cord injury claim payout could include:

• The severity of your spinal cord injury (for example, partial vs. full paralysis).
• How the injury affected your mobility, independence and daily routine.
• The care and assistance you require.
• The financial impact, such as lost earnings or the inability to work.
• The cost of ongoing treatment, rehabilitation and specialist medical equipment.
• The cost of a new accommodation and or any necessary home adaptations. Our solicitors use the latest Judicial College Guidelines to value your claim fairly and accurately to seek to place a monetary value your pain, suffering and loss of amenity.