How to File a Spinal Injury Claim After a Serious Accident

Suffering a spinal injury after a serious accident can have life-changing consequences, affecting your mobility, independence, and quality of life.

If the injury was caused by someone else’s negligence, filing a spinal injury claim can help you secure compensation for your medical costs, rehabilitation, and loss of earnings.

At Grieves Solicitors, we understand the complex nature of spinal injury claims and are here to guide you through each step of the process, ensuring you receive the compensation you deserve.

Reach out to us today on 0800 0747 644 or complete a Free Online Enquiry to tell us more about your situation.

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Types of Serious Accidents Leading to Spinal Injuries

Spinal injuries can occur in various serious accidents, many of which are preventable and caused by negligence. Common examples include:

• Road traffic accidents: Spinal injuries often result from high-impact collisions involving cars, motorcycles, or pedestrians.
• Workplace accidents: Particularly in industries like construction, workers may suffer spinal damage from falls, machinery accidents, or unsafe conditions.
• Sports-related injuries: Contact sports, extreme sports, or accidents during training can lead to serious spinal trauma.
• Medical negligence: Mistakes made during surgery or treatment, such as errors during spinal surgeries, can cause or worsen spinal injuries.

If you’ve sustained a spinal injury in any of these situations, you may be entitled to compensation if another party was at fault.

Steps to Filing a Spinal Injury Claim

Filing a claim can feel overwhelming, but following the right steps will ensure your case has the best chance of success.

Step 1: Seek Immediate Medical Attention

Your health is the first priority. Immediate medical attention is crucial not only for your recovery but also for your claim. Prompt medical treatment ensures that your spinal injury is properly diagnosed and documented, which is essential evidence for your case. Medical records detailing the extent of the injury and the treatments you receive will play a significant role in determining the compensation you can claim.

Step 2: Contact a Specialist Solicitor

Once you are safe and have received medical care, the next step is to consult a specialist solicitor who has experience in spinal injury compensation claims. An expert solicitor will evaluate your case, explain your legal rights, and help determine whether you have a valid claim. Their knowledge of personal injury law ensures that your claim is handled professionally, maximising the likelihood of securing compensation.

Step 3: Gather Evidence

Building a strong case relies on gathering substantial evidence to support your claim. Important pieces of evidence may include:

• Medical reports detailing your injury and required treatments.
• Accident reports from the scene (for example, police or workplace incident reports).
• Witness statements from anyone who saw the accident.
• Photographs or video footage of the accident scene and your injuries.

This evidence will help demonstrate the severity of your injury and establish the liability of the responsible party.

Step 4: Proving Liability

One of the key elements of any compensation claim is proving that the accident was caused by someone else’s negligence. This could be a careless driver, an employer who failed to follow safety regulations, or a medical professional who acted negligently. Your solicitor will help collect the necessary evidence, such as traffic collision reports, workplace safety records, or expert testimony, to prove that another party was at fault.

Step 5: File the Claim

Once you have gathered sufficient evidence and have a solid case, your solicitor will formally file the spinal injury claim on your behalf. They will submit all relevant documents to the appropriate party or their insurance company, outlining the details of the accident, the injuries you have sustained, and the compensation you are seeking.

Step 6: Medical Examinations and Expert Reports

To further support your claim, you may need to undergo an independent medical examination. This is often arranged by the solicitor or insurer to assess the long-term impact of your spinal injury. Expert reports play a critical role in determining the level of compensation you are entitled to, particularly in cases involving severe or life-changing injuries.

Step 7: Negotiating Compensation

Once liability is established and the extent of your injury is confirmed, negotiations for compensation begin. Compensation is usually calculated based on several factors, including:

• The severity of your injury and long-term prognosis.
• The cost of medical treatment and rehabilitation.
• Loss of earnings, both immediate and future.
• The impact on your quality of life, including pain and suffering.

Your solicitor will work to ensure that the compensation you receive fully reflects your needs and losses.

Step 8: Final Settlement or Trial

Most personal injury claims are settled out of court through negotiation. However, if a fair settlement cannot be reached, your solicitor will prepare your case for trial. A court will then determine the outcome and award compensation if your claim is successful.

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How Long Do You Have to File a Claim?

In the UK, the time limit for filing a spinal injury compensation claim is generally three years from the date of the accident. However, there are exceptions to this rule. For instance, if the injured party is a minor, the three-year period begins on their 18th birthday. Additionally, if the spinal injury develops gradually or if the injured person is mentally incapacitated, the time limit may be extended. It is essential to seek legal advice as soon as possible to avoid missing the deadline.

What Can You Claim for in a Spinal Injury Case?

Spinal injury compensation claims can cover a wide range of damages, including:

• Medical expenses: Costs for treatments, surgeries, and rehabilitation.
• Loss of earnings: Compensation for time off work or future loss of earning potential due to long-term disability.
• Care costs: If you require assistance for daily activities, you can claim for care costs, including those provided by family members.
• Home adaptations: If your spinal injury requires modifications to your home for accessibility, these costs may be included.
• Pain and suffering: Compensation for the physical and emotional trauma you have endured.

Why Choose Grieves Solicitors for Your Spinal Injury Claim?

At Grieves Solicitors, we specialise in handling complex spinal injury claims and understand the unique challenges faced by those suffering from life-altering injuries. With a proven track record of success, we provide personalised service, ensuring that every case is given the attention it deserves. Our dedicated team will support you throughout the process, helping you secure the maximum compensation to aid in your recovery and future needs.

Filing a spinal injury claim after a serious accident can be a daunting process, but with the right legal support, you can obtain the compensation you deserve. If you or a loved one has suffered a spinal injury due to someone else’s negligence, don’t delay in seeking professional advice. Contact Grieves Solicitors today for a free consultation, and let us help you on the road to recovery.

Our caring and supportive team are here to listen and advise on 0800 0747 644. Or you can complete a Free Online Enquiry to set up a free consultation or tell us more about your story.

Here at Grieves Solicitors, Personal Injury Specialists, we offer a no win, no fee solution to funding your claim (a conditional fee agreement) which means that you do not have to worry about legal costs and expenses.  You can read about our no win, no fee agreement here.