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Spinal Injury Claims
Our Resolve. Your Resolution.
Spinal injuries are complex and differ in severity. If you can show that your spinal injury is the result of another party’s negligence, you may be able to pursue a claim. Our spinal injury solicitors can tell you quickly whether you have a claim worth pursuing.
At Harrowells, we understand the impact that spinal injuries can have on an individual’s lifestyle and wellbeing. That is why our focus is on assisting you to secure the compensation you need to support your long-term recovery and independence. That perspective shapes how we approach every spinal negligence claim we take on.
We have the expertise to gather the appropriate evidence in support of your injury, to maximise your compensation award. Contact us today for a no-obligation discussion about your potential claim. We will also set out clearly what compensation for spinal injury may cover in your circumstances.
We are committed to helping you move forward with your life by drawing on our considerable expertise in supporting complex medical negligence and serious injury claims.
We understand that a claim is much more than process and evidence. It is a journey where we need to provide guidance and support at every stage.
You may feel wary and confused in the immediate aftermath of your injury. We can bring clarity about your options and next steps with clear, practical explanations.
We have a track record of securing successful outcomes because we take care to marshal specialist legal and medical expertise appropriate to your situation.
Spinal injuries are often caused during an accident. This could be an accident at work, in public or a road traffic accident and you may have a claim against the party responsible for your injury. Where the injury was caused or made worse by medical care, a spinal negligence claim may follow instead.
In a medical negligence setting, spinal injuries might be the result of defective products, such as medication or orthopaedic implants. Investigations will have to be undertaken to determine who the defendant in cases involving defective products; this may be the hospital that treated you, or the manufacturer of the product, under the Consumer Protection Act 1987. We can help you to investigate your options and ensure your claim is brought against the most appropriate party.
Not every spinal injury is someone's fault. Spinal injury compensation claims arise where medical care fell below a reasonable standard and that failure caused the injury, or made an existing injury worse. The cases we see most often fall into three groups.
Where the spinal cord or the nerves around it are being compressed, time matters. Pressure that is relieved quickly often causes no lasting harm; pressure left in place can cause permanent damage. Claims commonly involve symptoms that were reported but not investigated, an MRI scan that was not arranged quickly enough, or a referral that was not treated as urgent. Where the compression affects the nerves at the base of the lumbar spine, the condition is known as cauda equina syndrome, which we deal with on a separate page.
Spinal surgery carries risks even when performed competently, and a poor outcome on its own does not mean there has been negligence. A claim may arise where the wrong level of the spine was operated on, where nerves were damaged during the procedure, where an infection was not recognised and treated, or where the risks were never properly explained beforehand so that consent was not fully informed.
Spinal fractures are sometimes missed on imaging, or not imaged at all. Where a fracture goes undetected, a person may be discharged and left to move about normally with an unstable spine. The consequences of that can be far more serious than the original injury.
If you or a loved one have suffered an injury to the spinal cord as a result of a serious accident that wasn’t your fault, or because of medical negligence, you may be entitled to compensation.
If you’ve been in an accident that was caused by the negligence or omission of another party, or if you believe that treatment you have received fell below a reasonable standard of care, or you’re simply not sure where you stand, we invite you to contact our specialist team to discuss your potential claim for your injuries.
To succeed in a claim, you must establish :
Various forms of evidence may be required to establish the above elements. To maximise your chance of succeeding with your claim, we recommend that you seek the advice of a solicitor, so you have confidence that all appropriate steps have been taken to obtain all evidence relevant to your claim.
The aim of all medical negligence claims is to place the claimant in the position they were in prior to the alleged negligence, insofar as is possible. The only feasible way of achieving this goal is to financially compensate the Claimant for their injuries, as well as past and future financial losses including, but not limited to, the future costs associated with treatment that will assist with the Claimant’s recovery.
There is no one size fits all approach when it comes to the financial losses involved in a claim; your own circumstances and losses should be assessed by your representative and included within your claim where appropriate.
At the end of a successful claim, you will have the benefit not only of financial compensation, but also expert advice on suitable steps that can be taken, and treatment options available to you, to provide you with the necessary tools to assist you in continuing the road to recovery.
To start the claim process, it is worth reaching out to medical negligence solicitors to have your claim assessed. You will be provided with advice tailored to your individual circumstances, so you can make an informed decision as to how you wish to proceed.
Once you have formally instructed a solicitor, they will begin the pre-action stages of their investigations. This involves gathering evidence in support of liability, causation and your injuries and prognosis. Independent experts will become involved in your claim, assessing the extent of your injuries and the prognosis for your recovery, as well as any future needs you may have. This evidence will not only help with liability investigations but also with assessing the value of your claim.
Once all appropriate evidence has been obtained, attempts will be made to negotiate liability and a settlement figure with the defendant’s representative.
If we cannot reach a settlement out of court, we will consider whether it is necessary to begin court proceedings.
You can find more information about the elements that must be established to succeed in a claim for medical negligence, within our medical negligence guides here.
The starting point for assessing the compensatory value for a spinal injury is the 17th edition of the Judicial College Guidelines:
Spinal injuries can significantly disrupt the injured person’s life. Compensation for spinal injuries needs to focus on your immediate needs as well as your long-term needs, with a view to supporting any additional needs arising from the injury.
Your compensation should also include but is not necessarily limited to:
Instructing a representative to act on your behalf will give you the peace of mind that the necessary investigations will be undertaken to establish the full value of your past and future losses.
We understand that the claim process can be daunting, and choosing the right representative can be a difficult decision, particularly in the aftermath of negligent treatment by healthcare professionals. It is important that you feel supported by your solicitor, and have confidence in their ability to take the burden of the claim process off your shoulders. Our spinal injury solicitors will explain each stage in straightforward terms, so you always know where things stand.
We are confident that our specialist team has the skills required to make the claim as stress free as possible. We will guide and advise you through each stage, giving you the confidence to make key decisions in how you wish to progress your claim.
Contact us today for a no-obligation discussion about your potential claim.
Free, no obligation initial assessment of your claim and funding options
Speak with our experts so that we can better understand your current situation and assess the legal basis for resolving your claim, likely prospects of success, and options for funding your case from the outset. We will provide guidance and support throughout.
Detailed preparation of your claim by legal and medical experts
We gather together the evidence from a range of sources including your medical records and treatment history, information about any financial loss or other impacts, together with input from independent medical specialists who are experts in their particular field.
Engage with the defendant’s lawyers
With evidence in hand and having kept you fully informed about case progress and intended approach, we engage with the defendant’s lawyers to focus on the key issues, evidence and legal arguments most likely to yield a successful outcome for you.
Valuing your claim and negotiating with the defendant
If we are satisfied that the medical evidence is supportive of your claim, we will use this to value your claim. We will enter negotiations with the defendant and support will be given throughout to provide you with the confidence to give instructions on any settlement.
Settlement or court proceedings
Upon settlement, your compensation will be paid to us, and we will release your payment to you. Sometimes court proceedings may be necessary; we ensure your case is presented clearly and compassionately so that the full impact is fully appreciated by the court.
Compensation and support
Resolution is not simply about compensation but also about building a package of ongoing support for you and for your loved ones. We work closely with rehabilitation professionals who can assist you following resolution of your claim.
Yes. Many spinal injury compensation claims are not about the original injury at all, but about what happened next. If earlier or better treatment would have left you in a better position than you are now, that difference is what the claim is for.
There is no standard duration for a spinal injury claim. Timing will depend on issues such as the availability of experts, the complexity of the medical evidence and the extent to which the defendant is prepared to discuss settlement. The process is governed by the Civil Procedure Rules and the pre-action protocol for clinical disputes, which aims to encourage early exchange of information and resolution where possible.
Where the claim is complex, obtaining the necessary expert evidence and progressing the procedural steps can mean the case continues for a significant period.
The limitation period is also important. In most situations, court proceedings need to be issued within 3 years of the negligent treatment or the date of knowledge.
If we assess your case and consider that it has more than a 50% prospect of success, we may be able to act under a Conditional Fee Agreement. This is commonly referred to as no win, no fee. If the claim succeeds, our costs are usually recovered from the defendant. If it fails, our fees are generally not payable by you.
If your case is successful, a success fee and any unrecovered costs may be deducted from the damages you receive.
There may also be separate disbursements, including expert and court fees. We will therefore consider whether legal expenses insurance is needed.
Our specialists can advise on all funding methods at a free initial consultation.
We generally start by obtaining your medical records and preparing a witness statement from you.
Independent experts then review the material, and the claim may require reports on:
Breach of duty and causation
This report considers whether the treatment was below a reasonable standard and whether that failing caused or contributed to the injury complained of.
Condition and prognosis
If the claim is supported on breach of duty and causation, we will then obtain evidence dealing with the injuries themselves, the recovery period and the longer-term prognosis. More than one report may be needed.
We also collect documents and information supporting any financial losses caused by the negligence.
Yes. A claim is usually subject to a 3-year limitation period under the Limitation Act 1980. If proceedings are not issued in time, the claim may be barred unless the court permits it to continue.
Situations that can alter the date include:
Not always. A settlement can often be achieved without a trial, and that is generally the preferred route where possible.
However, if the defendant disputes liability or there is no agreement on the value of the claim, court proceedings may have to be issued. The case then follows a court timetable through to trial if necessary.
Yes, that may be possible. For example, claims can be brought on behalf of a child, a person who lacks capacity or someone who has died. Advice on the specific circumstances is important so the right person acts in the claim.
There is no meaningful average, because spinal injuries vary so widely. A claim involving lasting paralysis will be valued very differently from one involving nerve damage that improves over time. The section on this page setting out the Judicial College Guidelines brackets will give you a clearer idea of the range, and we will give you a realistic view of your own claim as soon as the medical evidence allows.
At the end of the case, following settlement or judgment, the defendant usually has 14 days to make payment.
Settlement following a negligent failure to triage correctly in A&E
John Coulson acted for a young woman who collapsed in the street with acute abdominal pain. Although she was quickly taken by ambulance to hospital, there was a failure to triage her correctly in A&E, resulting in a delay in a senior level consultant...
Settlement following a severe shoulder injury suffered during delivery of a baby
Aimee Costello acted for the family of a baby injured during delivery. The family were concerned about the circumstances about the delivery and came to us about their concerns. We investigated the circumstances of the delivery. Following receipt of...
Settlement following negligently performed hip replacement surgery
Our client, a man in his forties, underwent hip replacement surgery during which appropriate procedures were not followed. A hip replacement typically involves a prosthetic cup inserted into your hip bone, a prosthetic ball joint inserted into your femur...
