Pursuing A Spinal Injury Claim

Published: December 8, 2009  |  Source: law.e-tipssolution.info
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The emotional and psychological effects of a spinal injury can be devastating. Not only can it affect the loved ones around you, but it can also have far reaching consequences on other major areas of your life. In most cases, you will have to make huge financial adjustments depending on the extent of your injury. If you have been victim to a spinal injury at work, in a road traffic accident, or a fall, then you may be entitled to compensation.

Spinal injury explained

Spinal injury is damage to the spinal cord that results in a loss of function such as mobility or feeling. The spinal cord does not have to be severed in order for a loss of functioning to occur. Often the spinal cord can remain intact, but cease to work properly. Generally, the more severe the injury is, the higher the loss of function.

Steps you should take in order to make a claim

You will have to provide evidence that someone else negligently caused or contributed to the accident that caused the spinal injury. You must prove that the accident actually caused the injury and fully demonstrate the full impact and extent of the harm.

It must be shown that the party you are claiming against owed you a duty of care, and that duty was breached. For example, if the accident occurred at work, the employer would be responsible for owing his employee a duty of care. The amounts of compensation awarded in spinal injury claims are usually higher than an average personal injury claim.

There are many factors that must be considered when deciding on how much compensation to award. The pain and suffering you have endured as a result of the accident will be a crucial factor. However, there will be many other implications too. These will include any other future losses you are likely to incur, such as, rehabilitation costs, and nursing care. In some cases you may need to make drastic changes to your house in order to accommodate your needs. The damages awarded will also need to take into account any future lost earnings if you are unable to return to work.

The types of accidents that can occur:

Spinal injuries caused in the work place

If you have tripped, fallen, been hit by an object, or suffered any other type of accident, you may be entitled to compensation. You will have to prove that your employer owed you a duty of care and this was breached,

Spinal injuries occurring from road traffic accidents

You may have been involved in a road traffic accident and suffered a spinal injury as a result. In order to claim compensation you will have to show that it was the negligence of the other party that caused you harm. As it was the negligence of the other party that caused the accident which resulted in the spinal injury.

Spinal injury resulting from a sports injury

Injuries obtained during a game is often a common thing as there is often an element of risk involved, However, if the spinal injury occurred due to a fault of a third party, you may be entitled to claim. If you have sustained a spinal injury through no fault of your own, our specialist team of solicitors will assess your case and work to achieve the best possible result.