Spinal Injuries
Spinal injuries can occur in a number of ways, for example, as a result of a Road Traffic Accident, Accident at Work or Clinical Negligence.
In some cases, spinal injuries can be relatively minor and may result in a backache necessitating no more than a few days absence from work. In other cases, a spinal injury can have a devastating effect on the life of the injured party and their family. The injury may leave the injured party with restricted mobility, wheelchair bound or even paralysis.
Do I have a claim?
Exactly what you need to prove in order to bring a successful personal injury claim depends upon whom you are claiming against e.g. your employer, a local authority etc. However as a general rule, you will need to prove 3 things;
- That a duty of care was owed
Was it reasonably foreseeable that there was a risk of injury occurring in the event that a person acted negligently? If so, a duty of care is likely to arise. For example, a driver owes a duty to other road users, an employer to his employee and a medical practitioner to his patient.
- That there been a breach of that duty
Were there steps that could reasonably have been taken by the party who owed the duty in order to either prevent the injury or minimise the risk of it occurring; and
- Causation
It is not sufficient to simply establish that there has been a breach of duty. You must also prove that the accident caused or materially contributed to your spinal injury. If your spinal injury occurred as a result of a pre existing condition rather than the accident then a claim for compensation will not be successful.
What can I claim for?
- Compensation for pain, suffering and loss of amenity;
- An amount for loss of earnings if you are unable to work as a result of your injury and/or an amount for diminution of earnings if you are forced to retrain;
- Other financial expenses arising from the accident. In cases of severe spinal injuries, this may include significant awards for the costs of adaptations to your home, rehabilitation services, a case manager and carers.
When should I make a claim?
Your claim must be issued at Court within 3 years of the date of the accident/injury. If your spinal injury did not occur as a result of an accident but instead arose over a period of time, you have 3 years from the date upon which you had knowledge of your injury in which to bring a claim.
If you want to enquire about making a claim, please contact a member of our team on 01895 207 835 or 01895 207 295. Alternatively, you can send an email with your name and contact information and brief details as to the nature of the accident/clinical negligence and the injuries sustained to PI@ibblaw.co.uk and one of our team will be able to help you.
