Spinal Injury Claims

FAQs

How do I make a spinal injury claim?

Every spinal injury claim is unique and we will carefully consider how we handle your claim in order to ensure the best result for you. Here are the five steps involved in making a claim:

1. Get in touch

For a free initial consultation, contact our spinal injury team on 020 7288 4800 or complete our spinal injury enquiry form .

2. Funding options

If we think you have a case, we’ll help you determine the best funding arrangement for you. Read our legal fees guide to find out more about the different funding options available.

3. Obtaining records

We’ll request copies of your medical records and accident reports to help us identify the severity of the injury, its impact on your life and assess whether anyone’s wrongdoing may have caused or worsened the injury.

4. Expert opinion

If the records support your claim, we’ll ask medical and/or accident reconstruction experts to prepare reports about the case.

5. Letter of claim

Once we have received supportive evidence from all experts, we will write a formal “letter of claim” to the individual or organisation responsible for for causing or worsening your spinal injury.

How much compensation will I receive?

If you are successful with your spinal injury claim, you will receive compensation for both the injuries and the financial losses you have suffered as a result of the negligence or accident.

Those who sustain a spinal injury often have very complex needs. A spinal injury can impact on every aspect of day to day life, so compensation needs to reflect the extra care, support, equipment and accommodation that spinal injury claimants need.

We understand that compensation can never truly replace what has been lost as a result of a spinal injury, but at BBK we are committed to achieving the best possible outcome for you and your family.

Compensation for pain, suffering and loss of amenity

If you are successful in your claim, you will be able to recover compensation for your injuries, pain, suffering and loss of amenity as a result of the accident, negligence or substandard treatment (not injuries you would have suffered in any event).

The amount you recover will depend on how serious your injuries are, how long you take to recover and how the injuries affect you now. The amount of compensation will also take in to account how the injuries may affect you in the future, the limitations they may impose upon you in your daily life (work and personal) and whether the injuries prevent you doing activities you enjoyed before.

Financial losses

The principle behind compensation is to put you in the position you would have been in had you not received substandard treatment or been in an accident. You are entitled to claim for all financial losses that flow from the injuries you have sustained as a result of the negligence or substandard treatment or been in an accident.

What is the time limit to make a claim?

Strict time limits apply to making a spinal injury claim, which if missed, could result in losing the right to claim compensation. It is important to contact a solicitor as soon as possible if you suspect you have suffered injury and loss due to an accident, negligence or substandard treatment.

You must issue proceedings in the high court or the county court against the defendant(s) within 3 years of your “date of knowledge”. This is the date when a reasonable person in your situation would first have had knowledge:

• That your injury was significant
• That your injury was either totally or partly caused by an act (or a failure to act) which you believe was negligent
• Of the identity of the person (or organisation) who you believe was negligent

Failure to issue court proceedings within this deadline could result in your claim being time-barred and you could lose the right to claim compensation.

Adult claims

If, as an adult you did not have the mental capacity to instruct a solicitor to make a claim, the clock doesn’t start ticking until you have regained capacity.

Child claims

If the claim concerns a child, then court proceedings must be issued by  the child’s 21st birthday to protect their right to make a claim. Failure to take this step could result in your child’s claim being time-barred and they could lose the right to claim compensation.

What happens if my claim is successful?

Protecting your means-tested benefits

Your financial circumstances change when you receive compensation. This means your means-tested benefits may be at risk. You can, however, protect your entitlement to your benefits by setting up a personal injury trust. Our specialist spinal injury solicitors will be happy to advise you if this is applicable.

Investment advice

Investing your medical negligence or personal injury compensation requires careful thought and often specialist advice. We can make a personal recommendation to an appropriate adviser on request.

Rehabilitation

In many claims for spinal injury compensation, your current medical situation and future prospects may be improved by receiving appropriate medical treatment including surgery, physiotherapy, counselling or care at the earliest opportunity, rather than waiting for the claim to be concluded. We have arrangements with providers of medical and other rehabilitation services to ensure your recovery starts as soon as possible.

Who will pay my legal costs?

If we think you have a strong claim, we will find a way to fund it for you. The four main funding options available are:

1. ‘No win no fee’ agreement otherwise known as a Conditional Fee Agreement
2. Legal Expenses Insurance
3. Legal Aid
4. Paying privately

The legal costs associated with your claim include solicitor fees, barrister fees, experts’ fees, court fees and fees charged for obtaining records for your case.

When you win your claim, it is usual for the Defendant to pay most of your legal costs. Deciding how much the Defendant must pay can be a lengthy process. We have a specialist costs team who work independently of our spinal injury solicitors to ensure the costs process is dealt with speedily and to your advantage.