Spinal injury compensation claims can be complicated, and it is advisable to hire a solicitor to assist you with your claim. A solicitor who specialises in spinal injury claims will be ideally placed to help you handle all aspects of your spinal injury claim. Some law firms have specialised departments that handle this type of case, with lawyers specialising in medical law.
Because spinal injuries tend to worsen with time, often appearing to be less serious at first, it is advisable to start the process early. Spinal injuries involve a lot of swelling and inflammation immediately after the trauma that caused the injury, and this prevents doctors from being able to offer a full diagnosis in terms of the extent of the damage.
Another reason for starting a spinal injury compensation claim as soon as possible after the injury was caused is that the onus will be on you to build a strong case against the company or individual that caused the injury. It is better to find witnesses and get their statements as soon as possible after the accident, while their memories are still fresh.
Besides witnesses, you will need to provide your medical records and any other documentation that will support your case. In order to receive compensation, you (or your solicitor) must prove that the injury was a result of negligence or a breach of duty by the person or company you are claiming from.
Spinal injury compensation may include the costs of hospitalisation, any surgery that may be required, as well as the cost of rehabilitation and subsequent nursing care that may be required. If specialist equipment such as wheelchairs is needed, this would be included in the claim. Because spinal injuries often lead to paralysis and disability, a spinal injury compensation claim may also include loss of future earnings, as the injury may well prevent the victim from returning to work. In these cases, the victim may also claim for nursing care that they may require on a full time basis for the rest of their lives. Spinal injuries can cause permanent damage which, unlike many other injuries, will not improve or heal with time, and these claims are therefore treated quite differently to other injury claims.
There are time limits on spinal injury compensation claims – another reason to start the process early. You can only submit a claim for compensation within 3 years from the date of the accident, or from the date that you knew the injury was caused by the particular accident. This can occur if inflammation disguises the damage, or if a misdiagnosis occurs that is later corrected on subsequent examination.
In the UK, the Spinal Injuries Association can offer advice and support for the victims of spinal injuries, as well as their families. Although money cannot undo the damage caused, it can certainly make a spinal injury victim’s life easier, lifting the burden of constant care off the family and helping to pay the many bills that such injuries can cause. Spinal injury compensation can help the victim and their family cope with the tragic consequences of spinal injury without devastating them economically as well.
