Life after a spinal injury presents significant challenges, impacting physical abilities, financial stability, and mental health. This guide offers key information for those considering a spinal injury claim, providing support during a difficult time. It covers the different aspects of making a claim, such as eligibility, the legal process, potential compensation, and aid that can assist in recovery.
Read on to understand how much compensation for a spinal injury you may be entitled to in a claim.
What You Need To Know
- You could be owed spinal injury compensation if the negligence of others caused the injury.
- This compensation can be for physical and emotional harm, as well as your financial losses.
- There’s a three-year time limit that normally applies to starting a personal injury claim for compensation, but there are exceptions.
- A solicitor from our panel could help you put your claim together under a type of No Win No Fee contract.
- This means you could get excellent legal representation throughout your claim without the worry of upfront solicitor’s fees.
Read on to discover more. Or find out how much compensation for a spinal injury you could get when you:
- Call our advisory team on 0800 408 7826
- Contact us online.
- Ask a question via the live support window below.
Frequently Asked Questions
- How Much Compensation For A Spinal Injury Can I Get?
- What Factors Will Contribute To My Final Settlement Amount?
- Can I Make A Compensation Claim For A Spinal Injury?
- What Accidents Could Lead To A Spine Injury Being Sustained?
- What Types Of Spine Injury Can A Compensation Claim Cover?
- The Potential Consequences Of A Spinal Injury
- How Can I Claim Compensation For A Spine Injury?
- Get Help From How Much Compensation For A Spinal Injury Claim
- Frequently Asked Question
- More Information
How Much Compensation For A Spinal Injury Can I Get?
The amount of spinal injury compensation you can get depends on several factors. There’s no real benefit to looking at so-called ‘average’ compensation amounts. It’s better to understand how compensation is calculated and how evidence is used to evaluate it.
The table below is compiled from entries in the Judicial College Guidelines (JCG). Those involved in calculating general damages for personal injury claims may refer to this book as a rough guideline. Also, they might use medical evidence to determine general damages compensation. This head of loss puts a value on:
- The pain and suffering experienced.
- The duration of recovery.
- Any permanent disability.
- Whether the person can still participate and enjoy life as before (called ‘loss of amenity’).
The range of compensation shown is based on past successful claims in England and Wales. The guidelines are regularly updated; however, it’s essential to keep in mind that they serve as a general starting point, rather than a rigid framework. Actual claim amounts will always differ. Also, the first line in our table does not come from this source:
Compensation Guidelines
| AREA OF INJURY | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| A severe group of injuries and Special Damages payment. | Severe | Up to £1 million plus. | Cases where there are a group of severe injuries and the person receives Special Damages for professional care, privately treatment and lost income. |
| Tetraplegia | Also called Quadriplegia | £396,140 increasing to £493,000 | Top end of the bracket will be cases of physical pain or where there is a significant effect on senses or ability to communicate. |
| Paraplegia | (b) (i) | £267,340 increasing to £346,890 | Award reflects presence and extent of pain, level of dependence and life expectancy. |
| Spine/Back | (a) Severe (i) | £111,150 increasing to £196,450 | The most severe damage to the nerve root and spinal cord. |
| (a) Severe (ii) | £90,510 increasing to £107,910 | Cases with special features which lift them from any lower bracket, such as lost sensation and reduced mobility. | |
| (a) Severe (iii) | £47,320 increasing to £85,100 | Disc lesions, disc or vertebral fractures and soft tissue injuries that give rise to chronic conditions. | |
| (b) Moderate (i) | £33,880 increasing to £47,320 | This bracket covers a wide range of injuries including crush and compression fractures of the lumbar vertebrae. | |
| (c) Minor (i) | £9,630 increasing to £15,260 | Cases where a full recovery (or to nuisance level) takes place within 2 - 5 years. | |
| (c) Minor (ii) | £5,310 increasing to £9,630 | A full recovery without surgery seen within 1 - 2 years. | |
| General Psychological Harm | (b) Moderately Severe | £23,270 increasing to £66,920 | Significant issues with coping abilities at work, in relationships or at school but prognosis is more favourable than severe cases. |
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Here at HowMuchCompensation.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
What Factors Will Contribute To My Final Settlement Amount?
Other factors such as proof of financial harm can contribute to the final settlement amount. These can be assessed under the head of loss known as special damages. The main examples are:
Loss of Earnings
Payslips, bank statements and tax returns can be put forward as evidence to prove a loss of earnings after a spinal injury. A solicitor can help compile this evidence and use it to predict future lost income as well.
Medical Expenses
You might need emergency spinal treatment after the accident. This may not be available for free through the NHS. Therefore, any estimates and statements related to private medical treatment can be included as proof.
Care Costs
A spinal injury can be hugely disruptive. You may well need help to cope with normal daily tasks. This support can come from family, friends or paid professionals. So receipts relating to this can be included in a claim. A solicitor will help quantify these costs if you appoint one.
Rehabilitation and Recovery
You may need prolonged physiotherapy after your spinal injury. This could last for weeks, months, or even be permanent. Both the current and predicted rehabilitation costs can be calculated and included under special damages. So keep all receipts or estimates for future treatments that may be needed.
Home Or Car Adaptations
Spinal injuries may demand changes to your lifestyle. To continue living at home or using your car, you may require adaptations such as a stairlift, wheelchair access, or grab handles. If you retain all the estimates and receipts for these expenses, they can be reimbursed as part of your claim as well.
Cost of Travel
Keep the bus and train tickets, as well as taxi receipts, for any related travel expenses. If you need to attend regular hospital or physiotherapist appointments, these costs can be calculated and included. You should also keep proof of petrol and parking if you drove to essential appointments.
Interim Payments
An interim payment is a portion of the expected compensation paid in advance of the final settlement. The courts consider each interim payment request individually. If they deem the request reasonable and related to the person’s recovery needs, partial payments can be made.
These portions of the spinal injury compensation payout are then deducted from the total amount. Interim payments are a useful way for a claimant or their family to access urgently needed money for treatment, care and household demands.
Our advisory team are on hand to discuss any aspect of special damages in person. Ensure that you submit the most comprehensive claim possible. Speak to us first to understand how much compensation for spinal injury you could be really owed.
Can I Make A Compensation Claim For A Spinal Injury?
Yes, you could make a compensation claim for a spinal injury if you meet the required criteria. Personal injury claims need to show the following three points:
- You were owed a duty of care when injured.
- Those responsible breached their duty of care to you.
- As a result, you suffered physical and/or psychological harm.
With this eligibility criteria in place, you could move ahead with a claim. We will explain duty of care as it applies in certain places below.
Spinal Injury Claims On Behalf Of A Loved One
It is possible to make spinal injury claims on behalf of a loved one. For minors or people lacking full mental capacity, someone else needs to manage their claim. This is typically a family member or another responsible party. The courts can appoint them as a litigation friend.
The litigation friend makes decisions, attends court and instructs solicitors on the person’s behalf. A litigation friend can only act while normal time limits are paused. If you’d like more guidance on this, call, email or ask a question in the live chat below.
What Accidents Could Lead To A Spine Injury Being Sustained?
Numerous accident types might lead to a spinal injury. So below, we examine some of the areas where a duty of care applies and provide examples of breaches.
Road Traffic Accidents
A common duty of care applies between all road users. To avoid causing harm or damage, they must follow both the Road Traffic Act 1988 and the rules in the Highway Code. Some example breaches:
- A speeding driver failed to stop in time and collided with a cyclist at a junction, causing them a fractured spine and ligament damage.
- An intoxicated driver didn’t see a pedestrian at a crossing and hit them. This caused the pedestrian spinal damage as part of multiple injuries.
- Distracted by looking at their phone, a motorist collided with a motorbike rider at night in a road traffic accident. This led to the rider suffering neck and spine dislocations.
Accidents At Work
The Health and Safety at Work etc Act 1974 (HASAWA) is the duty of care in the workplace. It states that all employers must carry out reasonable steps to prevent staff from being harmed at work.
- An employee is asked to move some heavy items without being given correct lifting and bending training. As a result, they suffer a herniated or ‘slipped’ disc in their lumbar spine.
- A worker was asked to repair a roof without the correct harness being provided. He fell to the ground and suffered a fractured spine and partial paralysis in the ensuing scaffolding accident.
- An operative in a warehouse was using a forklift that had not been safety checked as required. It malfunctioned and crushed the driver in the cabin, causing a compressed spinal column and the need for long-term rehabilitation.
Public Place Accidents
The Occupiers’ Liability Act 1957 requires those in charge of public spaces to ensure the reasonable safety of visitors. A public liability claim could apply if they fail, for example:
- A shopper slips in a wet patch in a supermarket that was left without ‘cleaning in progress’ or warning signs. They suffer a fractured vertebrae in the fall.
- A raised paving slab makes a pedestrian trip and fall in the street. They land in a way that causes spinal compression injuries. They set about suing the council for negligence.
- A visitor in a gym suffers a torn vertebra while using an unsafe rowing machine. The owners were liable because they failed to perform a safety check on their equipment.
Medical Negligence
All medical professionals have a duty of care. They must provide treatment that meets the standards expected from any other reasonably competent practitioner. Failure to do so can be the following:
- The poor technique of a surgeon during spinal surgery caused a patient to suffer permanent nerve damage. The pain took months to recover from.
- Medical professionals failed to accurately monitor the spinal cord during a procedure and the patient experienced an irreversible injury.
- A specialist misdiagnosed a tumour on the spine. This caused a delay in the correct treatment. The patient suffered chronic pain, psychological damage and the need for further treatments.
Don’t worry if your spinal injury happened differently and isn’t shown. If you feel your injury was the result of others’ negligent actions, simply call our advisory team for free guidance.
What Types Of Spine Injury Can A Compensation Claim Cover?
A compensation claim can cover a wide range of spinal injuries such as the following:
- Paraplegia or tetraplegia from catastrophic spinal cord injuries.
- Paralysis (either complete or partial).
- Dislocated and fractured vertebrae.
- Bruising of the spinal cord.
- Soft tissue cuts and lacerations to the spinal area.
- Herniated or slipped discs.
- Crush and compression fractures.
- Severe or mild whiplash and related spinal damage.
- Pinched or trapped nerves and sciatica.
- Incorrect placement of epidural injections around the spinal cord.
- Damage to the cauda equina nerves during surgery.
Importantly, you could make a compensation claim regardless of how severe your injuries are. So to check your grounds to claim, call our friendly advisors.
The Potential Consequences Of A Spinal Injury
Depending on the severity and location of the damage, the potential consequences of spinal injury can be very wide-ranging. Next, we look at some commonly encountered repercussions:
- Minor stiffness or dull pain.
- Severe pain that is either dull, sharp or both.
- Sensation loss including partial or full paralysis.
- Muscle stiffness.
- Disruption to blood pressure, heart rate or sexual function.
- Breathing difficulties and heart complications.
- Bladder and bowel dysfunction.
- Lost mobility and increased risk of pressure sores.
- Increased risk of osteoporosis and bone weakness.
- Depression or substance abuse with either prescription medication or alcohol and drugs.
Symptoms can present anywhere along the spine. Or in several places. Transferred pain can also move around the body. These symptoms can persist for short or long-term periods. Sadly, some spinal injuries can be permanent. Whatever the scope of your injuries and their consequences, compensation might help with your recovery. Speak to us today about making a claim.
How Can I Claim Compensation For A Spine Injury?
Part of knowing how to claim compensation for a spine injury is understanding the time limits involved and what evidence is useful. Starting with evidence, the following helps build a personal injury compensation claim:
- Medical records detailing the diagnosis, treatment, and prognosis, including X-rays, MRI scans, CT scans, and specialists’ reports.
- Photos of the injuries and the cause.
- Copies of any CCTV or roadside footage of the accident.
- Witness contact information (so that there’s an option for gathering supporting statements).
- A diary or personal statement about how the injury has impacted you.
- A copy from any on-site accident book.
- Documentation that proves financial harm caused by the spinal injury.
Time Limits
There is a three-year time limit for personal injury claims to be initiated. In most cases, this begins from the date of the injury. However, the Limitation Act 1980 states that this can change for two categories of claimant:
- Injured minors can only start a claim themselves after turning 18. They have 3 years from this birthday to launch a claim.
- A time limit freeze applies for claimants with diminished mental capacity. Should their mental capacity return, the 3-year time limit starts from this date.
- Both categories of claimant may have their claim begin straight away if the courts appoint a litigation friend.
For more help with time limits or evidence, call now. Our advisors will also help you understand how much compensation for a spinal injury can be applied.
Get Help From How Much Compensation For A Spinal Injury Claim
You could get help with your spine injury claim from our panel of solicitors. They offer eligible claimants the opportunity to fund their personal injury solicitor through a type of No Win No Fee contract. This means all calculations and communication is handled for you. You’ll get help to gather evidence and meet deadlines. Also, you know your claim is in expert hands from start to finish.
By using a Conditional Fee Agreement (CFA), the person seeking compensation can avoid the need to pay upfront solicitor’s fees. There are no solicitor’s fees as the claim moves ahead. Also, no solicitor’s fees apply for finished work on the claim if it’s unsuccessful.
When a claim settles in the claimant’s favour, the solicitor earns a success fee. This is a percentage of the compensation and is capped by the Conditional Fee Agreements Order 2013 to keep it at a low level. Working under a CFA can help a claimant benefit from excellent legal representation without the worry of solicitor’s fees.
If you think this sounds interesting, start by calling our advisors. They can assess the strength of the claim. If it’s valid and you wish to proceed, they can direct you to our panel of solicitors.
Contact Our Advisors
- Call our advisory team on 0800 408 7826
- Contact us online.
- Ask a question via the live support about the personal injury specialists on our panel. Or any aspect of spinal cord injury compensation.
Frequently Asked Questions
Next, we look at some frequently asked questions about spine injury claims:
What If I Was Partially Responsible For The Accident That Injured My Spine?
A claim can still apply if you were partly responsible for your own spinal injuries. The courts may award a percentage of compensation based on your level of fault.
My Spinal Injury Was Only Minor, Can I Still Claim?
A spinal compensation claim is based on the physical/emotional injury and financial harm caused. The breach of the duty of care is the foundation, not severity of harm.
Will I Have To Go To Court If I Make A Spinal Injury Claim?
More often than not, personal injury claims are settled before they need to go to court. Your back injury compensation claim could be the same with help from personal injury lawyers.
How Long Will It Take Until A Spine Claim Is Settled?
Once a claim is initiated within the 3-year deadline, there is no specific timeframe for it to be concluded. With organised evidence, it’s not unreasonable to expect a decision within a few months.
Should I Accept The First Spinal Injury Settlement Figure I’m Offered?
If you appoint a personal injury solicitor, they may have greater insights into the best time to accept a settlement offer. It’s worth consulting with an expert to ensure you don’t settle for compensation that’s too low.
More Information
Alongside details about how much compensation for spinal injury can apply, these other guides offer more reading:
- This guide looks at compensation for a back injury in more depth.
- Here we explore, nerve damage claims.
- Also, guidance on manual handling injury claims here.
Resources for elsewhere:
- This resource from the NHS looks at spinal cord injury.
- Here is help for getting copies of your medical records.
- Lastly, read how to request CCTV footage of yourself.
In conclusion, thank you for taking the time to read our article. For any more free guidance on how much compensation for spinal injury can apply, reach out to our advisory team.
