Spinal Injury Claim Solicitors

Spinal injury claims FAQs

• What are the most common causes of spinal injuries?

  A spinal cord injury can happen in many different situations. It could be the result of a traumatic incident – such as an accident. Or medical negligence may be responsible – whether that is an incorrect diagnosis or delayed diagnosis of what’s happening to you. In some cases, it can even be due to an infection or disease. The important thing to remember is that, when your injury is the fault of someone else, you might be able to make a spinal injury compensation claim.

  Our team of specialist spinal injury solicitors have experience of supporting people who suffered as the result of road traffic accidents, accidents at work or trips and slips. But our knowledge is not limited to these situations. We can help no matter the cause of your accident. Why not read more about the ways you can be injured – and if you may have a spinal cord injury claim.

• What types of negligent medical treatment can lead to a spinal injury claim?

  We can help bring a spinal injury claim for both adults and children if you experienced a spinal injury due to negligent medical treatment, or an existing injury is made worse due to negligent treatment. This could include:

  • Sub-standard surgical treatment resulting in paralysis or a spinal cord injury
  • Paralysis after scoliosis surgery
  • Delay in diagnosis or failure to diagnose medical conditions, for example or cauda equina syndrome
  • Missed fractures of the neck and back
  • Errors when handling patients with neck and back fractures
  • Failure to obtain informed consent
  • Provision of inadequate advice and information about a treatment or procedure
  • Failure to properly treat secondary complications such as pressure sores.

  Our specialist solicitors are experienced in succeeding with these often-complex claims and are sensitive to your particular concerns.

• When can you bring a spinal injury claim after an accident involving you or your child?

  We can help bring a spinal injury claim if you or your child sustained a spinal injury due to an accident. Some examples of accidents that we can bring a spinal injury compensation claim for include:

  • Road traffic collisions
  • Cycling accidents
  • Motorcycle accidents
  • Accidents and injuries at work
  • Accidents and injuries in public places
  • Horse riding accidents
  • Being a victim of a violent crime

  Spinal injury claims of this nature are often complex. Our specialist solicitors have years of experience succeeding with these claims and take care to accommodate any particular concerns you want addressing.

• How common are spinal injuries?

  It may surprise you to learn that 4,400 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 over 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.

• 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.

  In most cases, 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. While most spinal injury claims must be brought within a standard time limit, this period can be shorter for incidents such as accidents at sea or in the air, so it is important to seek specialist legal advice as soon as possible.

  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.

• 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.