Spinal Injury Claims
We act for adults and children who have suffered injury to the spine through medical negligence.
We also act for those who have suffered a spinal injury through an accident such as a road traffic accident or accident at work.
Examples of how a spinal injury might give rise to a medical negligence claim include:
- Delayed medical treatment of cauda equina syndrome
- Inadequate treatment of conditions such as disc degeneration or scoliosis
- Failure to treat a spinal abscess
- Errors during spinal surgery
- Delay in treatment for a spinal epidural haematoma.
Spinal injury can be catastrophic. It may include damage to the spinal cord and surrounding nerves (a neurological injury) or to the spinal vertebra (an orthopaedic injury). Compression of the nerves at the base of the spine (known as cauda equina syndrome) can also cause long-term problems, if not treated appropriately.
The location and nature of the spinal injury determines its effects. In the most serious cases, it can cause paraplegia or tetraplegia. Many people with spinal injuries have long-term difficulties with mobility, bladder and bowel management or sexual function.
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Frequently Asked Questions
What are the effects of spinal injury?
Damage to any part of the spinal cord, or nerves at the end of the spinal canal, can cause permanent changes in sensation, movement, and function below the level of the injury, including paralysis (paraplegia or tetraplegia).
Symptoms can include a change in motor (ability to move) and sensory (ability to feel) function, loss of movement, inability to feel heat or cold, loss of bladder or bowel sensation and sexual dysfunction.
How long do I have to bring a spinal injury claim?
There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period.
For adults, the usual rule is that a claim must be formally started at Court within three years of the date on which the negligence occurred, or the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later).
If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.
There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.
It takes time to investigate a claim, so you should contact us as soon as possible.
Can I bring a spinal injury claim on behalf of a child or a family member who is not able to do it themselves?
If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.
If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.
What is the process for bringing a spinal injury claim?
We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that your injury was caused by negligence.
We also calculate the amount of compensation that can be claimed. Typically this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer.
In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.
Will my case be decided by the Court?
Probably not. The vast majority of personal injury and medical negligence claims are not decided by the Court.
Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings.
Occasionally, the Court will decide a case, if it cannot be resolved any other way.
How is the amount of compensation decided?
Compensation should be tailored to meet the needs of the injured person.
The first step is to consider how your spinal injury has affected your life and whether that will change in the future. We then calculate the amount of funds required to meet your additional needs and compensate you. Depending upon your circumstances, this may include funds for:
- Private care
- Private therapies and medical care
- Specialist equipment and mobility aids (including wheelchairs)
- Adapted vehicles
- Adapted accommodation
- Support with education or work (if that is possible for you)
- Compensation for loss of earnings and pension
- Compensation for losses in self-employment
We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.
I am struggling with the effects of spinal injury. Will it take a long time before my case is concluded?
Medical negligence and personal injury claims typically involve detailed investigation and expert evidence. They often take several years to resolve.
Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.
When liability is established the Defendant usually has to pay part of the compensation immediately. We will adopt an assertive approach with the NHS appointed lawyers to ensure that your needs are prioritised. This allows your needs to begin to be met while the work to quantify the full amount of compensation continues.
Can I make a ‘no win, no fee’ spinal injury claim?
Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not usually have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.
Please see our page on How are claims funded?
How do I access medical records?
Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).
Our clients sometimes wish to obtain copies of their records themselves before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records.