Back Injury & Spinal Injury Claims
An injury to the back or spine can be extremely serious, potentially causing life-long pain and mobility issues, as well as a number of other related issues, such as incontinence due to nerve damage.
Where the injury is the result of medical negligence or has been worsened by negligent treatment, you may be able to claim compensation. While this won’t undo the damage caused, it can often be essential to allow you to get the help and support you need, making a significant difference to your quality of life.
Wolferstans’ medical negligence solicitors have strong experience with back injury and spinal injury negligence claims, having secured substantial damages for our clients over the years. As a result, we know exactly what is needed to build the strongest possible case, giving you the best chance of achieving fair compensation.
We can offer a highly accurate valuation of your claim at the outset and a transparent assessment of your chances of success. This means when you decide how to move forward, you will have all the information you need.
Our team have a strong focus on non-confrontational dispute resolution, meaning we can usually resolve claims without the need for a court hearing. This not only saves you from the stress and uncertainty of court action, it is also usually a faster and less costly way to secure a settlement.
We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.
To arrange your consultation please contact the new client team on 01752 648888
Our back injury and spinal injury claims service
We work with clients throughout England and Wales on a wide range of back and spinal injury compensation claims, including those related to:
- Failure to refer a patient with a back or spinal injury for appropriate treatment
- Misdiagnosis and late diagnosis of Cauda Equina Syndrome
- Spinal surgery errors
- Delay in diagnosing or treating an abscess affecting the spinal cord
- Negligent treatment of spinal tumours
- Injury to the spinal cord or nerves during an epidural
How back injury and spinal injury claims work
Our clinical negligence lawyers will expertly guide you through every stage of the claims process, making things as easy as possible for you every step of the way.
A typical back or spinal injury claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Find out more about the process of making a clinical negligence claim.
Funding a back or spinal injury compensation claim
We don’t want anyone to be put off by concerns about how to fund a back or spinal injury claim. Whatever your situation, if we believe your claim justifies further investigation, we will help you find an appropriate way to fund it that works for you.
Typically, this will mean using a conditional fee agreement, also commonly called a ‘no win, no fee’ agreement. Under this type of arrangement, you do not need to pay anything towards your legal fees and expenses at the outset to start a claim.
Instead, you only contribute towards these costs if your claim is successful, with the amount you pay being based on a pre-agreed percentage of any damages received. This means you have complete transparency over the likely costs involved and will always get to keep the majority of your compensation.
Legal expenses insurance can be another option to cover the cost of a back or spinal injury claim, depending on the circumstances. This is often offered alongside home insurance policies, as well as with some bank accounts and credit cards, so may be worth considering if available.
To discuss your options for covering the cost of a back or spinal injury claim, please don’t hesitate to get in touch.
Find out more about funding a medical negligence claim.
Our expertise in spinal and back injury claims
Back injury and spinal injury claims can be very high value depending on the circumstances. Our clinical negligence team have extensive experience handling highly complex and contentious claims, giving us the expertise to ensure all the relevant facts are brought to life and your claim is built in the right way from day one.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Common questions about back and spinal injury claims
You will usually have 3 years to claim compensation for a back or spinal injury that you experienced. This time limit may be counted from when the injury happened or when you realised it may have been the result of medical negligence, depending on the circumstances.
Different time limits may apply in certain situations, however, including where:
- The claimant is under 18 – Their parents or guardians will have until they turn 18 to bring a claim. If they do not do so, the claimant will be able to bring their own claim once they turn 18, with a deadline of their 21st birthday.
- The claimant lacks the mental capacity to bring a claim – There is no time limit for someone else to bring a claim for them.
- The claim is with respect to someone who died due to negligent treatment of a back or spinal condition – There is normally a 3-year time limit from the date of death for their dependants or representatives of their estates to bring a claim.
Knowing which time limit applies to your situation and whether you still have time to make a claim can depend on a number of factors, so we strongly recommend speaking to a member of our team, no matter how much time has passed.
The value of your claim will depend on several factors, including:
- How serious the injury is.
- The impact the injury is having on you or your loved one’s life.
- Any specific costs that have been incurred due to the injury.
The compensation you can receive for a back injury is normally split into two types of damages:
Special damages – Covering specific financial losses incurred up to the date of settlement e.g. paying for treatment, medication and special equipment, as well as things like lost earnings due to having to give up work.
General damages – Covering non-financial losses e.g. pain, suffering and changes to your lifestyle, as well as predicted future financial losses, such as being unable to return to work due to your injuries.
This is a common concern as many people are intimidated by the thought of attending a court hearing. However, in our experience this is rarely necessary as most back and spinal injury claims can be resolved out of court.
We have a strong focus on non-confrontational dispute resolution, meaning many claims can be settled through negotiation and alternative dispute resolution without the need to initiate court action. Even when court proceedings have been started, most claims are resolved with a pre-trial settlement and don’t end up in court.
In those rare cases where a court hearing is needed to achieve a fair outcome, however, you can rest assured that we have the skills and experience to give you the best possible representation.
As well as our own team, we also have strong links with specialist barristers and other experts, meaning however your claim proceeds, we can support you effectively every step of the way.
Further information about back and spinal injury claims
For more information about back and spinal injury compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.
Start a back or spinal injury claim with us today
To arrange a free initial no obligation consultation and find out more about starting a back injury or spinal injury compensation claim:
To arrange your consultation please contact the new client team on 01752 648888.