Spinal cord injury claims
In most cases the damage caused by a spinal cord injury is irreversible and can have a catastrophic impact on you and your family. Our spinal injury compensation specialist solicitors can help you obtain the best possible care and treatment to help you regain your independence.
How do serious spinal cord injuries occur?
A spinal injury can happen in many different ways, whether during a road traffic accident, work place accident or because of a fall from height. Traumatic spinal injuries have life changing implications for an individual and their family. Quality care, treatment and rehabilitation are essential to ensure the continued health and wellbeing of a spinally injured person.
If your injury or that of a family member was caused by an accident that was not your fault, or was only partially your fault, or you were criminally attacked, you are entitled to make a claim for compensation.
To find out if you have a claim it is important to speak to a law firm that can prove real expertise and experience in this complex and specialist area. One that puts your interests first and can advise you how to proceed and get your life back on track.
Spinal Injury compensation claim process
The process of claiming compensation can be lengthy. It’s crucial to get the best possible advice and guidance. Our spinal injury solicitors are happy to answer any questions you may have, free of charge and without obligation.
To begin, you will need to appoint a specialist to represent you or your family member. Making a successful compensation claim is dependent on obtaining the necessary evidence to prove that another person is at fault, either fully or partially. We will also seek evidence highlighting the nature and extent of the injury along with the effects upon the person.
If fault can be proven, your solicitor will gather further evidence regarding the severity of the spinal cord injury and investigate likely care and medical needs. The spinal injury compensation process will be managed by a team of specialists who will deal directly with those at fault, namely the defendant. If your claim is successful the defendant will pay the agreed compensation package, which commonly includes:
- General compensation for the spinal cord injury sustained
- Financial loss, including loss of earnings
- The cost of specialist equipment such as wheelchairs, vehicles and specially adapted housing
- A periodical payment order (PPO), giving an annual payment for life for day to day living expenses, future equipment needs and ongoing medical treatment.
How much can I get for a spinal cord injury compensation claim?
We will look at the compensation for your injury as well as the financial losses that you have and will face as a result of the accident. Compensation is made up of general and special damages.
General damages are to compensate you for the injury itself; the pain and suffering that you have gone through and that you continue to go through. They also take into account what you would have been able to do had it not been for the accident.
In order to accurately inform you of the levels of damages that you may be awarded, we will arrange for medico-legal reports from various leading specialists. They will examine you and have access to your medical records and be able to provide an accurate diagnosis and prognosis within their report. Once this evidence is in place we will be able to notify you as to how much we think that your claim is going to be worth.
Special damages are to compensate you for any past or future losses that have incurred or will incur as a direct result of the accident which caused your injuries.
Past losses include:
- private medical treatment and rehabilitation;
- prescription charges/medication;
- the purchase of aids and appliances;
- loss of earnings;
- travel expenses;
- care costs;
- personal belongings and clothing damaged in the accident; and
- housing adaptions.
Future losses can include:
- future loss of earnings;
- loss of pension;
- accommodation costs;
- future private medical treatment and rehabilitation;
- aids and appliances.
This list is not exhaustive and we will consider very thoroughly and include all items that you may need to make a claim for in the future.
We suggest that you start to keep a list of things that you have had to pay for since, and as a direct result of the accident. We will need to prove the financial losses and documentary evidence such as wage slips, receipts and invoices will be very important in proving your special damages claim. In addition it may also be sensible to keep a log or brief diary of problems that you encounter.
How am I going to pay for long-term care?
Whilst we aim to maximise your spinal cord injury compensation in the shortest possible time, we can also help with the immediate issues which you may face in the days and weeks following your accident. We can also support you with any future legal requirements that you may have.
We will work with you to ensure that you obtain the best private rehabilitation right from the beginning of your claim. At Hugh James we are very experienced in utilising funding for rehabilitation for you, often before liability has been accepted by the defendant.
We have always believed that access to rehabilitation is one of the most important aspects of your recovery and is the foundation for the next chapter of your life. We will seek to obtain funding to provide you with therapeutic services and case management support.
- access to Hugh James Emergency Fund
- welfare benefits advice
- arranging payment holidays on mortgage, loan and credit card repayments
- checking your life and insurance protection policies
- local authority assistance
- arranging powers of attorney
- advice on funding your claim
- arranging private access for rehabilitation
- interim payments
- housing adaptions or more appropriate housing
- care and support
- transport and mobility
- assistance with employer
- periodical payments
- independent financial advice about investment of compensation
- other legal services e.g. conveyancing, wills etc.
Your questions answered
Hugh James has extensive experience in handling compensation claims for people who have suffered spinal cord injuries. Our team of specialist spinal injury solicitors provide expert advice and services to ensure that you receive the highest possible level of compensation. We will ensure that you get the best care, treatment and rehabilitation following a spinal cord injury.
We are members of the Spinal Injuries Association (SIA), accredited by the Association of Personal Injury Lawyers (APIL) and members of the Law Society. Our solicitors have been consistently ranked in the top tiers by the independent legal guides, Legal 500 and Chambers and Partners, as leaders in the field of personal injury and specifically spinal cord litigation.
Our specialist team includes welfare benefits advisors and a qualified social worker to ensure that your case has the best possible chance of success. We offer free advice and guidance, without obligation and no win, no fee agreements.
Our specialist solicitors can advise you on the following:
- the Hugh James Emergency Fund and how it can assist you and your family;
- obtaining private rehabilitation;
- your damages;
- interim payments;
- welfare benefits and emergency funding;
- employment concerns;
- charities that can assist you;
- wills, trusts and power of attorney;
- dealing with your mortgage, credit card and loan providers following a spinal cord injury;
- investigating any potential insurance cover that may benefit you;
- social services and local authority funding for care and equipment; and
- human and disability rights.
We understand that making a compensation claim following a spinal injury can be difficult and confusing. That is why our team is dedicated to ensuring that the process is as simple as possible, providing regular updates about your case along the way.
When you contact us about making a claim, we will set up a free, no obligation consultation wherever in the country is convenient for you. If you decide that you would like to proceed, we will discuss the different options available to fund your claim.
When we have all of the information that we need from you, we will start gathering evidence to support your case. You will need to be examined by a medical expert who can advise us on the impact of your spinal injury and tell us what sort of treatment you will need to make the best recovery possible.
Compensation will only be payable if liability is accepted by the defendant(s) or if a court finds in your favour. Once this has happened we will be able to finalise the collection of all of the evidence to allow us to correctly value your claim.
We can then open negotiations with the defendant(s) to bring about a settlement.
Before any claim starts, we will discuss a variety of funding options which are suitable for your case, including a conditional fee agreement often referred to as a no win, no fee agreement. This means that if your case is successful we would recover our fees for acting for you from the defendant. We will arrange an insurance policy for you which would pay the defendant’s legal costs in the event that your case is unsuccessful.
Only a small percentage of personal injury claims brought will actually proceed to trial, though we do prepare every case in depth to make sure we are ready should it go to court.
The personal injury procedural system is geared towards encouraging parties to be open with each other so that any claims for compensation can be settled without the need for going to court, which can save both time and cost.
A lot of people are naturally nervous and uncomfortable about going to court. We understand this and will advise you every step of the way, should your case reach a trial.
Yes, you will almost certainly have to undergo at least one medical examination as part of your personal injury claim.
When making a spinal injury claim the result can be life changing. Therefore, it is so important to have an expert solicitor that has experience and a track record of dealing with these types of claims. If you have lost confidence in your currently solicitor or simply want a second opinion on your claim, don’t hesitate to contact us today.
We always put our clients’ interests first and deliver advice in a friendly and approachable way and take pride in helping our clients to put their lives back on track. We will strive to achieve the best outcome for you at each stage of your claim, both in terms of rehabilitation to help you with your recovery and when it comes to negotiating the compensation settlement of your claim out of court or at trial.
Contact us today and we will give you a free consultation on your spinal cord injury claim. We will review the details of your claim, look at how the claim has been handled and review the amount of compensation that is being claimed. If you then decide you would rather us take over the claim, everything will be done for you and we will contact your current solicitor on your behalf.
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