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Who Can Make A Paralysis Compensation Claim?
Learn how to make paralysis compensation claim and how a No Win No Fee solicitor could help you.
£85 million in compensation
Who Can Make A Paralysis Compensation Claim?
Learn how to make paralysis compensation claim and how a No Win No Fee solicitor could help you.
Make A Paralysis Compensation Claim
To make a paralysis compensation claim you must prove that another party’s negligent actions or inactions caused your injury. To do so, you will need to follow the paralysis injury claims process. You must identify the party at fault, gather evidence, and submit your claim within the relevant time limit. Serious injury claims, such as those for paralysis, could be made for accidents at work, on the road, and in public places. They could also involve instances of medical negligence or criminal assaults.
Key Takeaways
- Damage to the cervical spine may result in the loss of movement from the neck down; whereas damage to the lumbar spine could result in lower body paralysis.
- Compensation for paralysis will cover your physical pain and mental suffering and could also recover any financial losses caused by your injury.
- Data revealed that there are 4,400 new spinal cord injuries or diagnoses each year (as published by the Spinal Injury Association).
- Government statistics show that 1 in 4 people in the UK live with a disability.
- Claims could be made for temporary, partial, or full types of paralysis.
Please get in contact with us today to learn more about how to make a paralysis injury claim. An advisor will assess the accident that caused your injury and advise on whether you can pursue a compensation claim. If you can and you would like to move forward with our services, they can connect you to one of our No Win No Fee solicitors.
- Call 0151 375 9916
- Complete our contact form.
The Criteria To Make A Paralysis Claim
You can make a paralysis compensation claim when another party is at fault. In order to be eligible to make a personal injury claim you meet the following threshold.
- Firstly, you must show another party owed a duty of care to you.
- Secondly, that they breached this duty.
- Third, that the breach caused you harm.
Your employer, the party in control of a public space or another road user could all owe you a duty of care.
- Employers have a duty of care to workers under the Health and Safety at Work etc. Act 1974. Your employer must take reasonable steps to ensure your safety at work, adhering to this and any other relevant legislation.
- The party in control of a public space is called an occupier. Under the Occupiers’ Liability Act 1957 they must take steps to ensure your reasonable safety on their premises.
- Road users all have a duty of care towards one another to navigate in a safe manner. To fulfil this duty they must use the roads in adherence with The Highway Code and the Road Traffic Act 1988.
If you or a loved one suffered a spinal cord injury leading to paralysis in an accident caused by someone else, you could be owed compensation. Please contact us for an assessment of your eligibility to make a paralysis claim.
What Compensation Could Be Awarded For Paralysis?
Paralysis compensation is awarded for pain and suffering as well as financial losses. Awards in paralysis compensation claims may be divided into two parts, general damages and special damages.
Under general damages you are compensated for your (or your loved ones) paralysis injuries. Factors such as the degree of paralysis, severity of pain experienced, and the extent of your loss of amenity can all be taken into account when valuing this part of your paralysis claim. Personal injury solicitors and the courts may turn to the Judicial College Guidelines (JCG) as a reference. This document provides guideline compensation brackets for different paralysis injuries.
This table presents relevant examples and compensation brackets from the JCG. Please note, the headline figure is not from the JCG.
| Severity and harm | Notes | Damages |
|---|---|---|
| Severe, multiple, injuries and special damages. | Multiple injuries which are severe and special damages, such as for lost income. | Up to £5,000,000+ inclusive of special damages lost earnings, covering care costs or medical bills, etc. |
| Paralysis, tetraplegia/ quadriplegia. | Instances falling in the middle of this bracket include those without physical pain, full awareness of the disability and a life expectancy over 25 years. | £396,140 to £493,000. |
| Paralysis, paraplegia. | The level of the award will depend on the presence of pain, degree of independence and further factors. | £267,340 to £346,890. |
| Paralysis, lasting shorter durations. | Compensation may take account of the persons’ life expectancy, degree of insight and extent of physical limitation. | £60,210.00 |
| Moderately severe brain damage. | Compensation takes dependency on others, physical limitations, life expectancy and degree of insight into account. | £267,340 to £344,150. |
| Severe (i) back injury | Damage to the spinal cord and nerve roots leads to very serious consequences, including incomplete paralysis with significantly impaired bladder, bowel and sexual function. | £111,150 to £196,450 |
| Severe (ii) back injury | Special features, including nerve root damage with loss of sensation, mobility, bladder and bowel impairments, sexual difficulty and unsightly scarring. | £47,320 to £85,100 |
| Severe (i) neck injury | Incomplete paraplegia, permanent spastic quidriparesis or little/no neck movement and severe headaches despite wearing a collar 24 hours per day. | In the region of £181,020 |
| Severe (ii) neck injury | Serious fractures or cervical spine damage giving rise to considerably severe disabilities, such as substantial loss of movement in the neck and loss of function in 1 or more limbs. | £80,240 to £159,770 |
These figures are guidelines from the JCG and do not guarantee what you may be awarded. One of our expert personal injury solicitors could assess your case and help to value your claim.
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Calculating The Final Paralysis Compensation Amount
Calculating the final amount of paralysis compensation involves taking account of a variety of financial losses. Below we examine some of the types of financial losses you may be compensated for.
Lost Income
Lost income may be caused by taking time off work to deal with the consequences of spinal cord injuries or the inability to return to work. Claimants may be compensated for lost earnings, workplace benefits, and pension contributions, etc.
Future Loss Of Earnings
Compensation takes future loss of earnings into account alongside prior losses. Anticipated promotions, future lost earnings, and workplace benefits can all be taken into consideration.
Medical Expenses
Medical expenses may include hospitalisation, surgical, and rehabilitation costs. Those who have suffered paralysis may be left facing long-term and ongoing medical costs.
Cost Of Care
Paralysis injuries can leave claimants with complex medical and care needs. Depending on the nature and degree of severity experienced, you (or your loved one) may require ongoing or round-the-clock care. The cost of domestic care, child care, and that provided in a specialist facility may all be claimed for.
Rehabilitation Or Assistance
Assistance with domestic tasks and the cost of accessing rehabilitation services may be included in your claim.
Adaptations To Home Or Car
You may be compensated for adaptations and modifications to your home or car necessary to help you cope with your disability. This may include the addition of ramps, hand rails, or stairlifts.
Travel Expenses
You may reclaim travel expenses related to attending medical, care, rehabilitation, and legal appointments connected with your injury and claim.
Other Costs
In addition you could be compensated for other costs, such as the cost of replacing personal property damaged or destroyed in the accident. This may include personal items such as glasses or hearing aids.
To be compensated for any of these losses you must submit evidence such as invoices, bank statements or receipts. Please contact our team for a thorough assessment of what you (or a loved one) may be eligible to claim.
What Accidents Could Result In Paralysis?
Accidents which could result in paralysis include those on the road, in the workplace or in public spaces. Below we examine examples of when and how people could suffer paralysis injuries and be eligible to seek compensation.
Accidents At Work
Accidents at work could lead to paralysis when employers fail to adhere to proper safety procedures or ignore hazardous conditions. Incidents could include,
- An employer fails to meet The Work at Height Regulations 2005. They do not ensure scaffolding is properly and safely constructed before being used. A worker falls due to a lack of safety railings and harnesses. They suffer a head injury and complete paralysis.
- A warehouse worker is struck by a reversing lift truck whose operator failed to check before doing so. They suffered lower body paralysis (paraplegia).
Accidents In Public
Accidents in public places could lead to paralysis injuries when the occupier of a property neglects their duty of care. Incidents may include,
- The occupier of a leisure centre fails to fix a broken staircase. A visitor trips and falls from the top of the staircase. They suffer multiple injuries including those to their head, neck and back. Paralysis occurs as a result of this.
- You slip on an unmarked wet floor in a supermarket. Staff were aware of the leak causing it and had not addressed it, nor cleaned or signposted the hazard. A customer slips over, striking the back of their head and their back, suffering partial paralysis.
Road Traffic Accidents
Road traffic accidents may lead to paralysis where collisions involve high speeds, serious impacts and reckless driving. Such accidents may include,
- A driver exceeds the speed limit on a residential road. They are unable to break in time at a zebra crossing and strike a pedestrian. The pedestrian suffers a spinal injury resulting in partial paralysis.
- A driver fails to pay due care and attention to the road. They fail to see the motorcyclist in front slow down approaching a junction and do not break in time, crashing into them. This causes the motorcyclist spinal and traumatic brain injuries.
These are just some examples of when paralysis compensation claims could be made. Please contact us to discuss your case.
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What If My Paralysis Was Caused By Medical Negligence?
You can claim compensation if your paralysis was the result of medical negligence. Similarly to the claims discussed above, you will need to show that the harm you suffered, such as a spinal cord injury, was caused by a medical professional breaching their duty of care.
All medical professionals have a duty of care to their patients. They must ensure that they meet minimum professional standards. Their failure to meet said standards and the resulting harm you experienced could form the grounds of a paralysis compensation claim.
Claims involving medical negligence must meet a high standard of proof. They may require the opinion of medical experts, such as those provided through the Bolam Test and independent medical assessments.
Our solicitors are experienced in helping people to seek compensation for the impact of negligent medical treatment. Get in touch to find out how they could help you.
Paralysis Claims After A Criminal Assault
Paralysis claims after a criminal assault follow a different process. Such claims may be made through the Criminal Injuries Compensation Authority (CICA). This is a government body which awards compensation to victims of violent crimes.
The eligibility criteria to claim through the CICA after a criminal assault are different to those for personal injury claims. They are that,
- The incident must have occurred in England, Scotland, Wales or another eligible place. This includes boats registered in Great Britain.
- The incident has been reported to the police and that you cooperate with them fully.
- You were injured as a result of a violent crime.
Paralysis CICA Compensation Amounts
Paralysis CICA compensation amounts are set out by the Criminal Injuries Compensation Scheme in a fixed tariff. Below we have included relevant examples of tariff found in the Scheme. Please note that the figure in the first row is the maximum that the CICA will award for a claim.
| Injury & severity | Notes | Tariff |
|---|---|---|
| Multiple criminal injuries + special expenses & lost income. | Multiple criminal injuries, special expenses and lost income. | Up to £500,000 inclusive of lost income and special expenses. |
| Quadriplegia/ tetraplegia | Substantial, complete, degree in lower and upper limbs. | £250,000.00 |
| Substantial. Incomplete upper limb/complete lower limbs. | £175,000 | |
| Substantial, incomplete to the lower and upper limbs. | £44,000.00 | |
| Paraplegia affecting lower extremities. | Substantially complete. | £175,000 |
| Moderate. Substantially incomplete. | £110,000 | |
| Minimal. | £27,000.00 | |
| Hemiplegia, impairing sensory or motor function in one half of the body. | Severe. | £110,000.00 |
| Moderate. | £55,000.00 | |
| Mild. | £27,000.00 |
Please contact us to learn more about making a criminal injury paralysis compensation claim.
How Long Will I Have To Claim For Paralysis Compensation?
You have 3 years to claim for paralysis compensation. This period is set by the Limitation Act 1980 and commences on the date of the accident. There are however, 2 exceptions to this time limit. These are instances where the claimant is under the age of 18 or lacks the mental capacity to make a claim.
Where such exceptions apply the time limit is not in effect and a litigation friend may act on the injured person’s behalf. You can learn more about what time limit may apply to your case by contacting our team.
Proving Liability For Paralysis
To prove liability for your paralysis you need to collect evidence of another party’s actions causing your injury. Claimants (or their loved ones) must submit clear evidence showing who owed them a duty of care, how this was breached and how they were harmed.
Types of evidence may include,
- Medical records.
- Dashcam, CCTV or other video evidence.
- Photographs of the location and cause of the accident or of visible injuries.
- Details of anyone witness to the accident.
- A diary of your medical treatment and the impact of the injury on you.
A specialist solicitor could help collect evidence in support of a paralysis compensation claim.
No Win No Fee Paralysis Compensation Claims
Our personal injury solicitors are experts in handling No Win No Fee paralysis compensation claims. They can help claimants to seek compensation on a No Win No Fee basis, by using a Conditional Fee Agreement (CFA). These are governed by the Conditional Fee Agreements Order 2013 and enable potential claimants to work with a solicitor without having to pay for solicitor’s fees upfront or during the claims process.
Instead, at the end of a claim your solicitor would deduct a legally restricted percentage of your compensation as a success fee if you win. If you do not win, such a fee is not chargeable.
Just some of the benefits of working with JF Law are,
- To date, we have assisted claimants in seeking over £90 million in compensation.
- An independent medical assessment of your injuries.
- Guidance throughout the paralysis claims process.
- Help accessing specialist services such as rehabilitation, physiotherapy, occupational or others.
- Determining whether you are eligible to access interim payments and help doing so.
We take on claims from across the country and are dedicated to providing you with the highest standard of care.
Get Help From JF Law’s Solicitors
Find out if you are eligible to get help from one of JF Law’s solicitors by contacting the advisory team on,
- Phone 0151 375 9916.
- Contact us through our form.
Learn More
Learn more about how to make a serious injury claim in these resources.
- View our guide to neck injury claims here.
- Check how to make a back injury claim.
- Check the limitation period for injury claims here.
References.
- Learn more about paralysis in this NHS resource.
- Find out how to access NHS spinal injuries services here.
- Learn about financial help if disabled in this government resource.
Please get in touch with our team to learn more about how to make a paralysis compensation claim.
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