Spinal Injury Claims

Spinal Injury Claims FAQs

• How common are spinal injuries?

  It may surprise you to learn that 2,500 people are either injured or diagnosed with a spinal cord injury in the UK each year. This is based on data from the Spinal Injuries Association, Aspire and Back Up – meaning that 50,000 people are now living with the effects of a spinal cord injury.
  Of course, some injuries are simply unavoidable. But some are down to accidents or mistakes that could have been avoided. If you are injured and someone else was at fault, our spinal cord injury solicitors are here to help you make a compensation claim.

• How do I make a spinal injury claim?

  Every spinal injury compensation claim is unique. We will carefully consider how we handle your claim in order to make sure we can achieve the best outcome for you. There are five main steps involved in making a claim. So, here is what you can expect:

  1. Get in touch

  Your initial consultation with our team is free of charge. So, if you think you have a claim, please get in touch with our spinal injury team on 020 3432 8380 or fill out our online form.

  2. Funding options

  If we think you have a case, we. Our legal fees guide explains the different options we offer – including “no win, no fee” agreements.

  3. Rehabilitation

  The next step is for your spinal injury solicitor to inform the other party. In addition to notifying them a claim is being made, they will be asked to consider funding any rehabilitation you might need in the short-term. We can also explore other rehabilitation options for you.

  4. Obtaining records

  We will request copies of your medical records and accident reports to help us understand how severe your injury is. We also consider on your life and assess if anyone’s wrongdoing caused your spinal injury – or made it worse.

  5. Expert opinion

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

  6. Letter of claim

  Once we receive supporting evidence from all experts, we will write a formal “letter of claim” to the individual or organisation responsible for your spinal injury.

• What makes our spinal injury solicitors different?

  As specialist spinal injury solicitors, we see our role as much more than helping you through the claims process. Instead, we want to build personal relationships with you, your family and your carers. The reason? We firmly believe that we can only truly act in your best interests (and get you the best results) by getting to know you and your individual circumstances.

  Unlike some law firms, we do not focus on whiplash or minor injury cases. Our spinal cord injury solicitors only work on the most serious claims. All our clients chose us after they suffered spinal damage due to an accident or substandard medical treatment. This specific and specialised focus means we have honed our expertise in spinal cord injury claims. So, you’re always in capable hands.
  If possible, we seek to provide specialist rehabilitation to assist with your recovery. We also look to ensure your family is supported every step of the way with your own dedicated case manager.

  We also take steps to arrange home or hospital visits at times which are convenient for you.
  Our support does not end when the case finishes. Post-settlement, we will assist you with your financial matters to ensure your future is safeguarded.

• 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.

• How much spinal injury compensation will I receive?

  If you succeed with your claim, your total compensation will reflect both your initial injuries and any financial losses accident. Each claim also considers that people living with spinal injuries often have very complex needs which can impact every aspect of their day-to-day life.

  There are two main components to any compensation award:

  Compensation for pain, suffering, and loss of amenity

  “General Damages” are designed to reflect your pain, suffering and loss of amenity following an accident, negligence or substandard treatment. This amount is based on how severe your spinal injury is – and is based on guidelines published by the Judicial College.

  Financial losses

  In addition to “General Damages”, you may also be awarded “Special Damages”. This amount is going to be much more personal to you. This is because it reflects the costs and losses you incur as a result of your injury. Your spinal injury solicitor will factor these in as part of your claim.

• How can a spinal injury claim help me?

  Ultimately, we know that no amount of spinal injury compensation can truly replace what you’ve lost. But we are committed to achieving the best possible result for you and your family.

  By making a claim, it can help pay for much-needed support and rehabilitation services that will help maintain your independence and help you live life to the fullest. It may include adaptations to your home, specialist aids or post-injury care that will support your long-term recovery.

• Who will pay my legal costs?

  If we think you have a strong spinal injury claim, we will find a way to fund it for you. The three main funding options that we can offer are:

  1. “No win, no fee” agreements – otherwise known as Conditional Fee Agreement
  2. Legal Expenses Insurance
  3. Paying privately

  Legal costs usually include solicitor fees, barrister fees, experts’ fees, court fees and the cost of obtaining records for your case. If you win, the Defendant will typically pay most of your costs.

  But working out how much a Defendant must pay can be a lengthy process. This is why we have a specialist costs team who work independently of our spinal injury solicitors to deal with this process speedily and to your advantage.

  For more details, please see our legal fees guide.

• How else can Bolt Burdon Kemp help me?

  Protecting your means-tested benefits

  If you receive spinal injury compensation, your financial circumstances will change. As such, you may no longer qualify for means-tested benefits. You can, however, protect your entitlement to your benefits by setting up a personal injury trust. We are happy to advise if this applies to you.

  Investment advice

  Investing your compensation often requires careful thought and specialist advice. We can make a personal recommendation to an appropriate adviser if you would like us to.

  Rehabilitation

  In many spinal injury compensation claims, your current medical situation and future prospects may be improved by getting appropriate treatment at the earliest opportunity. You do not need to wait until your claim is settled.

  We have arrangements with providers of medical and other rehabilitation services to start your recovery as soon as possible.

• 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.

• What makes our spinal injury solicitors different?

  As specialist spinal injury solicitors, we see our role as much more than helping you with the legal process and obtaining maximum compensation. Instead, we take the time to develop a personal and progressive relationship with you, your family and your carers. We firmly believe that spending time getting to know our clients and their individual circumstances is the only way we can accurately assess their needs and achieve the best result possible.

  At Bolt Burdon Kemp, we have over 30 years of experience working on spinal injury cases, acting for both adults and children. Instead of taking on whiplash or minor injury cases, our spinal cord injury solicitors focus on more serious spinal injury claims. All our clients come to us because they’ve suffered spinal damage as a result of an accident or substandard medical treatment. This specific, specialised focus means we’ve keenly honed our expertise in spinal cord injury claims so that you’ll always be in capable hands.

  Where possible, we focus on providing specialist rehabilitation to assist with your recovery. Plus, we’ll strive to ensure you and your family are supported every step of the way with the aid of a dedicated case manager. We also take steps to arrange home or hospital visits at times which are convenient for you.

  Our support does not end when the case finishes. Post settlement, we will assist you with your financial matters to ensure your future is safeguarded.

  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.

  We are pleased to be on the approved and recommended list of spinal injury solicitors for the Spinal Injury Association (SIA).

• What can I do if I’m not happy with my solicitor?

  It is always important to have complete faith in your solicitor when making a spinal injury claim. But what happens if this is missing? Well, you are free to change who acts on your behalf – and we are here to help if you are unhappy with your current solicitor.

  Call us today or use our contact form if you would like to move from another solicitor to us. We deal with the whole process on your behalf – gathering information and evidence from your old solicitor. You may still need to pay them for any work done to date, however.

  Our guide to changing your spinal injury solicitor offers more useful information. But please do get in touch now if you think that Bolt Burdon Kemp could be a better fit for you.