Spinal injury compensation claims

On this page

• Do you have a spinal injury claim?
• What can you claim compensation for?
• Why choose our spinal injury solicitors?
• Recommendations

Do you have a claim for spinal injury compensation?

Every spinal injury claim is different. Your chances of making a successful compensation claim will rest on three key points:

1. Duty of care – did a healthcare provider owe you a duty of care?
2. Negligence – did they fail to provide an acceptable standard of treatment, diagnosis or care?
3. Direct cause – did that failure cause or materially contribute to your spinal injury?

It’s helpful to provide as much evidence as possible and a record of any expenses that could be claimed back.

Be aware that in most cases, you only have three years from the date you sustained your spinal injury to make a claim. Although for children this limit only applies from their 18th birthday, regardless of when the injury happened.

What can you claim compensation for?

These are examples of what could form part of your overall spinal injury compensation claim.

• General damages – for pain and suffering and ‘loss of amenity’, i.e. no longer being able to do the things you love.
• Cost of aids and equipment – both immediate and lifelong, to maximise your independence and give you the best quality of life.
• Cost of mobility aids – to enable you to get around as freely as possible (both immediately and for the rest of your life), from wheelchairs for a variety of situations through to adapted vehicles.
• Cost of private medical treatment – to avoid waiting lists, it’s often possible to recover the cost of having any medical treatment you require done privately, if safe and appropriate to do so.
• Care and assistance costs – for help with the everyday tasks you would have previously done yourself.
• Rehabilitation and occupational therapy – to cover the ongoing cost of rehabilitation or therapy to help you improve your mobility and regain independence.
• Cost of moving or adapting your home – it may be that you only require specialist equipment installed, but your injury could also mean you need to move to a new home better suited to you.
• Past and future loss of earnings and loss of pension – to prevent your financial security being adversely affected by your injury and keep you supported if you’re unable to work.
• Provisional damages – where there’s a risk of further deterioration, we can ask the Court to allow you to seek further damages if needed in the future.

Why choose Clarke Willmott for your spinal injury claim?

• Accredited experts – we have been accredited by The Law Society and Action Against Medical Accidents – independent bodies that all insist on the highest quality service and value for money.
• Partner oversight – your case will be supervised by one of our partners and most senior solicitors (not an untrained case handler) to ensure you always receive the best possible advice and service.
• Help with funding – we will talk you through your funding options, including a ‘no win no fee’ arrangement.
• A broad range of specialists on your side – our established reputation gives us access to specialists in every area of spinal cord injury and recovery, so we can quickly assess the impact of your injury from all angles and maximise the compensation due to you.
• Expertise in complex claims – we have extensive experience with intricate, often highly specific spinal injuries, including brachial plexus injuries and cauda equina syndrome.
• Access to treatment and rehabilitation – we can help you access some of the country’s top clinicians, including specialist consultants and surgeons, in-patient rehabilitation and rehabilitation following discharge from hospital.
• Expert advice on accommodation, equipment and transport – you will receive expert advice on what’s available to help you live independently, as well as help choosing the right suppliers. We will make sure these costs are paid by the Defendant’s insurer.
• Support to maximise your independence – we work closely with specialist Case Managers who will co-ordinate the provision of care services, treatment and equipment to you.
• Financial and legal advice – unlike many spinal injury claims solicitors, we can advise you on any legal matters arising from your injury, such as employment issues, buying a new home adapted to your needs and managing your finances.