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Legal Process to Receive the Spinal Injury Claims
The statistics of spinal injury claims in the UK are concerning. According to the Spinal Injuries Association, there is a sharp increase in spinal injury claims in the past few years. Indeed, spinal injuries can cause severe and life-changing side effects.
Victims of spinal injury may suffer from a range of ailments. Fortunately, there are ways to seek justice for those who have suffered these devastating consequences due to another person’s negligence.
Are you a victim of spinal injury? If so, you are entitled to claim compensation. Every year, thousands of people suffer from spinal injuries and may be eligible for compensation.
However, they do not know the legal process to get compensation. Please do not become one of them and contact us now at Index Claims to get the justice you deserve today.
Table Of Contents
- What are the Eligibility Criteria to Get Spinal Injury Claims?
- Someone else’s Ignorance Causes Spinal Injury
- Accident Causes Significant Damage
- Consider the Legal Time Frame
- Get Awareness of the State Laws
- Evidence You Need to Support Your Spinal Injury Claims
- Medical Evidence
- Loss of Earnings
- Medical Expenses
- Witness Statements
- Personal Statements
- Common Causes that Lead to Spinal Injury Claims
- What are the Common Injuries to Spine?
- Fracture in the Spine
- Spinal Disc Injury
- Spondylolisthesis
- Spinal Stenosis
- Compensation Amount for Spinal Injury Claims in the UK
- Calculation of Average Amount of Spinal Injury Claims
- What is the Time Limit to Get Spinal Injury Claims?
- The Process to Get Spinal Injury Claims
- Seek Professional Assistance
- Gather Evidence
- Submit Claim
- Negotiate
- Receive Compensation
- FAQs
Someone else's Ignorance Causes Spinal Injury
Firstly, you must understand that a spinal injury claim comes with a personal injury claim. Therefore, the first eligibility criterion is that the injury happened due to someone else’s negligence.
For example, in case a driver runs a red light and crashes into your car, causing a spinal injury to you. Then, in this case, you are eligible to claim the driver’s insurance.
Someone else’s Ignorance Causes Spinal Injury
Firstly, you must understand that a spinal injury claim comes with a personal injury claim. Therefore, the first eligibility criterion is that the injury happened due to someone else’s negligence.
For example, in case a driver runs a red light and crashes into your car, causing a spinal injury to you. Then, in this case, you are eligible to claim the driver’s insurance.
Accident Causes Significant Damage
Secondly, the injury has resulted in significant damages, including medical expenses, lost wages, and pain and suffering. Remember, the cracks are substantial enough to warrant the cost and effort in pursuing a claim. However, minor injuries do not meet the threshold for spinal injury claims.
Consider the Legal Time Frame
Thirdly, you need to claim within the legal time frame. It is referred to as the statute of limitations. In most states, you have limited time to bring a claim, which is discussed later.
Get Awareness of the State Laws
Finally, it is worth noting that eligibility criteria for spinal injury claims may vary from state to state. You need to know the state laws where this accident has occurred. Moreover, you can consult with a personal injury solicitor who is an expert in the laws of your state.
Evidence You Need to Support Your Spinal Injury Claims
To receive the right amount of compensation, you need to gather several pieces of evidence to support your claim, including
Medical Evidence
Medical documentation is the most critical evidence to get spinal injury claims. Moreover, the medical documentation includes
- Diagnosis,
- Treatment plans from your doctor
- Ongoing therapy you require
Loss of Earnings
You also need evidence of any loss of income resulting from your injury. It includes documents from your employer or proof that you can no longer work.
Medical Expenses
You must include any medical expenses due to the injury in your claim. Moreover, it includes travel to and from doctor’s appointments, prescription costs, and necessary medical devices.
Witness Statements
If any witnesses to the incident caused your injury, then their statements can support your case.
Personal Statements
You can also benefit from submitting a personal statement outlining how the injury has impacted your life. Furthermore, this includes changes you faced due to the injury and how it has affected you physically and emotionally.
Gathering all of this evidence can strengthen your spinal injury claims to receive compensation.
Common Causes that Lead to Spinal Injury Claims
Spinal injury claims are a complex type of personal injury case. The common causes of them include:
- Motor vehicle accidents
- Slips and falls
- Workplace activities
- Neglectful medical malpractice
In each case, the main question is to find the responsible one for the negligence that caused the spinal injury. Also, knowing the responsible party to file a successful claim for spinal injury compensation is essential.
The other driver is responsible for the accident and subsequent injuries in motor vehicle accidents. Similarly, the property owner or manager is held liable in case of slip and fall accidents.
In some cases of workplace injuries, an employer is held accountable if they fail to provide a safe environment or sufficient training. Furthermore, medical malpractice can occur when a physician fails to diagnose or properly treat an injury.
What are the Common Injuries to Spine?
The common injuries that can become the base for spine injury claims include:
Fracture in the Spine
It occurs when the vertebrate breaks due to the force. Serious accidents can cause this injury, including a car accident or a fall from a great height. Also, it can cause severe pain and potentially paralysis if not treated immediately.
You need to undergo surgery to fix the fracture. However, sometimes, traction is enough to stabilise the spine until healing occurs. Common complications of spinal fractures include nerve damage, infection, and chronic pain.
Spinal Disc Injury
The damage to vertebral discs can act as shock absorbers for the spine. Common causes include car accidents and lifting heavy objects incorrectly. It can cause severe pain and further complications if not treated properly.
Treatment usually involves physical therapy, medications, and in some cases, surgery to repair the disc. If left untreated, a spinal disc injury may result in chronic pain and even paralysis.
Spondylolisthesis
This condition occurs when one vertebra slips over another due to weakened ligaments or joints in the spine. It can cause pain in the lower back and legs and numbness or tingling sensations.
Treatment for this condition usually includes medications, physical therapy, and possibly surgery to realign the vertebrae. Furthermore, bracing is recommended to keep the vertebrae from slipping further out of place.
Spinal Stenosis
This condition occurs when the spinal canal narrows, putting pressure on the nerves travelling through it. It can cause severe low back pain and numbness in the extremities.
Additionally, treatment for this condition usually involves medications to reduce swelling and inflammation.
Compensation Amount for Spinal Injury Claims in the UK
Spinal injury claims significantly cause permanent disability in the UK, and thousands of people are affected yearly. While you can get compensation for a spinal injury claim if you meet the criteria to determine what amount is appropriate.
Generally speaking, spinal injury claims compensation amounts depend on the severity of the damage and any associated financial losses or medical expenses. For instance, a person who has suffered a spinal cord injury is entitled to compensation.
He can get compensation for lost wages, pain and suffering, mobility issues, and other costs related to their treatment. In addition to these factors, the court also considers any preexisting conditions contributing to the injury.
Calculation of Average Amount of Spinal Injury Claims
When it comes to calculating the average amount of spinal injury claims, there are several factors you need to consider. These include:
- The severity and type of injury
- Any medical bills associated with treatment
- Lost wages due to inability to work
- Impact on quality of life
To begin with, a medical expert assesses to determine the severity of the injury. Calculating compensation payout against the pain and suffering the victim has faced is helpful.
In addition, you need to consider any lost wages while calculating an average payout for a spinal injury claim. Lost wages are calculated by looking at the amount of money the injured party would have earned if they could do their job.
Finally, you and your solicitor must also consider medical bills for treating spinal injuries. These medical bills cover the costs of any necessary medical procedures, medications, and other treatments.
What is the Time Limit to Get Spinal Injury Claims?
The time limit for filing a spinal injury claim can vary depending on the type of claim, state laws, and other factors. Generally speaking, the statute of limitations for filing a spinal injury claim is between one and five years from the accident date.
However, in some cases, it may be shorter, up to 3 years. It is essential to contact a solicitor as soon as possible after your injury to determine the exact time limit that applies in your case.
If you wait too long, you may lose your ability to seek compensation for your injuries, regardless of their seriousness. A qualified spinal injury lawyer can provide advice to ensure to file your claim on time.
Process to Get Spinal Injury Claims
The cost of medical care after a spinal injury is significant. Therefore, it is essential to know what potential rights you have when recovering damages due to an accident. Here is a look at the process for getting spinal injury claims:
Seek Professional Assistance
It is essential to seek professional advice from a solicitor specialising in personal injury law. A qualified solicitor can help you to understand your rights, determine the best course of action for filing a claim, and represent you if needed.
Gather Evidence
Collecting evidence is an essential part of a spinal injury claim. Moreover, a good lawyer can help you to gather evidence, including medical records, witness statements, and other relevant information.
Submit Claim
After gathering the required evidence, your lawyer can help you to submit a formal claim. Also, this legal step is essential to get spinal injury claims from the court system or insurance company.
Negotiate
After submitting a claim, you must negotiate with the defendant or insurance company to agree on the compensation amount. Additionally, this step is lengthy and complicated. Therefore, it is essential to have experienced legal representation.
Receive Compensation
The last step in this process is to receive compensation to cover your costs related to the accident. You can use this money for medical treatment and any other expenses related to your injury. Also, you can contact us if you have any queries to make your claim successful.
FAQs
Spinal injury victims who suffered from spinal cord injury can file spinal injury claims due to someone else’s negligence, error, or wrongful action.
Spinal cord injuries commonly occur due to car crashes, falls from heights, workplace accidents and medical malpractice.
Compensation in spinal injury claims may include medical expenses (past and future), lost wages or earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life.
If you think you are eligible for spinal injury claims, you need to seek medical attention for your injuries. You must also consult an experienced personal injury lawyer to determine the claim’s viability, and decide on the best legal action.
