In the aftermath of a spinal injury, the primary focus will naturally be medical intervention and clinical treatment.
At the same time, events during this early period can shape a later spinal compensation claim. Medical appointments, assessments and treatment records can help establish the nature of the injury, while early discussions about rehabilitation and care may clarify the support likely to be needed in the longer term.
Speaking to a specialist solicitor at an early stage can help you understand the legal process of a spinal injury claim and plan the next steps from diagnosis through to settlement. The first question, however, is whether you may be eligible to claim compensation for the spinal injury.
How To Know if You’re Eligible for a Spine Injury Claim
You may be able to claim spinal cord injury compensation if your injury was caused by someone else’s negligence. This could include a workplace injury where an employer has failed to provide a safe environment, another road user causing a collision, or a medical professional providing care that fell below an appropriate standard during treatment, labour or delivery.
A successful claim generally requires evidence that another party owed a duty of care, breached that duty and caused or contributed to the injury.
How the Nature of a Spinal Injury Shapes a Claim
The spinal cord carries messages between the brain and the rest of the body. When it is damaged, the effects can extend far beyond mobility, affecting sensation, pain, breathing, bladder and bowel function, and a person’s ability to live independently.
A spinal compensation claim should therefore consider the full spectrum of physical, practical and financial effects.
How the Level of Injury Affects the Body
Spinal cord injuries can be understood through levels. A ‘level’ in this context refers to the lowest point on a spinal cord where there is still normal sensation and motor function. This classification helps to indicate which parts of the body may be affected by the injury, and includes:
- Cervical: Injuries affecting the neck region can affect the arms, trunk (the central part of the body) and legs, as well as breathing and other essential functions. The effects depend on the precise level and severity of the injury.
- Thoracic: Injuries affecting the upper and mid-back commonly affect the trunk and legs. Arm and hand function is usually preserved, although balance, breathing, bowel and bladder function may be affected.
- Lumbar: Injuries affecting the lower back can reduce movement and sensation in the hips and legs. Some people may be able to walk with aids, while others may use a wheelchair and require support with personal care.
- Sacral: Injuries affecting the lowest part of the spine can affect the hips, buttocks, pelvic organs and parts of the legs. Walking may remain possible, but bowel and bladder problems can still have a significant day-to-day impact.
These spinal levels do not necessarily tell the whole story. This is because each injury is individual: its impact also depends on whether the damage is complete or incomplete, the person’s wider health, age, and any additional injuries.
Complete and Incomplete Spinal Injuries
Spinal injuries can be categorised as complete or incomplete. While a complete spinal cord injury means that no signals can be sent from the brain to below the point of injury, an incomplete spinal cord injury involves a partial blockage which results in some signals still being sent.
The distinction is not always as clear-cut as it may sound. An incomplete spinal cord injury can still be severe, and its effects vary considerably depending on which neural pathways are affected. When valuing a claim, the focus should therefore be on the person’s day-to-day difficulties and long-term needs, rather than the diagnostic label alone.
How Injury Details Shape the Spinal Injury Claims Process
These medical distinctions are important in a spinal injury compensation claim because they help explain the injury’s effect on mobility, independence, employment, rehabilitation and future care. The claims process brings this evidence together so that both immediate losses and long-term needs can be properly assessed.
Choosing Your Solicitor
Choosing a specialist spinal injury solicitor is a big first step. It is important that they have experience of complex claims and understand how to assess not only the injury itself, but also its effect on work, independence, family life and future care needs.
Spinal cord injury claims can take time because the lasting effects of a spinal injury may not be apparent straight away. Specialists may advise waiting until recovery and rehabilitation have progressed before providing a final prognosis. Having this waiting period may mean that the settlement amount could eventually support you for longer.
This is why transparency from your solicitor is so valuable.
Interim payments may be offered to cover immediate costs, but these should be weighed up where possible against the possible settlement amount.
Lack of Capacity
A spinal injury may affect a person’s ability to make some decisions or manage the claims process independently. In this situation, or if the injured person is below the age of 16, a suitable representative will need to act on their behalf and any settlement may require additional safeguards.
A specialist spinal injury solicitor can explain the relevant arrangements and ensure that the injured person’s interests remain central throughout the claim.
Linking the Injury to Medical Evidence
When it comes to showing the full extent of a spinal injury and its likely long-term effects, medical evidence is paramount. Evidence may be needed from a combination of the following professionals:
- Neurologists
- Spinal or orthopaedic surgeons
- Rehabilitation specialists
- Pain experts
- Psychologists
- Occupational therapists
- Speech and language therapists
- Care experts
A specialist spinal cord injury solicitor can identify the appropriate assessments, instruct suitable experts and bring their findings together into a clear legal picture.
Assessing Long-Term Financial and Care Needs
Loss of Earnings
A spinal injury can have a direct impact on a person’s ability to work, travel and live independently. The following effects can make it harder to continue in the same role or work the same hours:
- Reduced mobility
- Fatigue
- Neuropathic pain
- Treatment appointments
- Bowel or bladder routines
A claim should therefore consider past and future loss of earnings, reduced pension contributions, retraining needs and the cost of practical support required to return to work where possible.
The financial consequences may extend beyond employment. A person might need help with commuting, household tasks, childcare or personal care, as well as adaptations to their home or vehicle. Tracking these changes carefully can help to portray the full effect of the injury on daily life.
Spinal Injury and Rehabilitation
Spinal injury rehabilitation and care can be intensive and evolving, meaning they can go on for many years. Depending on its severity, a spinal injury could involve anything from physiotherapy to home adaptations, and specific needs may change over time.
Spine injury compensation should therefore account for any immediate care-related fees and the projected sum of support costs over a person’s lifetime.
How Much Compensation for a Spinal Injury?
When it comes to settlement, spinal cord injury claims are among the highest-value personal injury claims in the UK because of their serious nature.
However, as with many personal injury claims, many factors can affect this final amount. The two main things to consider are:
- The level of injury and damage, the effects on day-to-day life and the resulting immediate and lifelong needs
- The medical prognosis, i.e. whether a condition is classed as stable, deteriorating or capable of recovery
While many cases have historically reached six figures, the spine injury compensation amount is drawn up on a case-to-case basis and should reflect one person’s care needs both in the present and throughout their lifetime.
How Injury Support Services Can Help
A spinal injury can come out of the blue and bring a host of challenges that you and any family weren’t physically or mentally prepared for.
At Injury Support Services, we have a network of legal specialists, rehabilitation experts and in-house advisors who can start to gradually minimise these challenges and make the future seem much less daunting.
Whether you’re looking for spinal cord injury claims advice or seeking other pathways like rehabilitation or wellbeing support, we’re here to help you take the next step.
