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How Much Spinal Injury Compensation Could I Claim?

One of the most important parts of your body is the spine and if that gets damaged or injured then it could lead to partial or complete impairment. Your spinal cord comprises of several nerves and tissues which are connected from the base of your brain down the length of your back. These are protected by the vertebrae which makes up the spine.

According to the Back-Up Trust, there is an estimated 50,000 people in the UK living with a spinal cord injury. In addition, over 2,500 people are newly injured each year. Spinal injuries affect a large number of people in the UK.  If you have suffered a serious back injury or a spinal injury that was a result of medical negligence, then you could be entitled to compensation.

At BTTJ Medical Negligence, we have specialist spinal injury solicitors that can offer expert advice and support during this difficult time. We can help you investigate the cause of the accident and help you seek the compensation that you need. To help you understand more about spinal injuries and how much a spinal injury claim could be worth, we have provided more information below.

 

Common Spinal Injuries

In most cases, spinal injuries can be categorised into two groups; partial spinal injury and complete spinal injury, with complete spinal injury being more serious. It’s important that you know this information before you make a spinal injury claim.

Partial Spinal Injury – These types of spinal injuries involve damage that is done to the sensory pathways in the spinal cord. Damage to this area can lead to difficulties with movement and coordination.  One of the most common type of partial injury is anterior cord syndrome.

Complete Spinal Injury – Injury of this type may result in varied paralysis of your body from the neck down. Paralysis typically affects your bowels and your legs. This type of injury is also one of the most severe and it typically receives the maximum amount of compensation for a claim.

 

What can I claim after an accident causing a spinal injury? 

The compensation you may be awarded for your spinal injury claim depends on the extent of the injury.  In addition to pursuing a claim for the injury itself it is possible to pursue a claim for out of pocket expenses both past and future.  It is possible to claim for a range of costs relating to your injury, to include but not limited to:-.

Loss of Earnings – if you have been off work or are unable to return to work as a result of your injury

Rehabilitation Costs – The costs of rehabilitation can be a significantly long-term expense for a victim of back injury. These costs may include regular scheduled visits to a physiotherapist and more.

Unavailable Treatment on the NHS – Necessary visits to private clinics or foreign health specialists in the event of unavailable treatment from the NHS. The costs of visiting private clinics could be compensated.

Home Care – In the event that you are unable to fully care for yourself, you may need to hire care in your home. This cost can be compensated if your injury has affected your independence.

Modifying or Buying a New Home – If you have sustained a long-term back injury, then you may need to adapt or modify your home to make it a suitable living environment. These costs could be claimed in the case.

 

Severities of Spinal Injuries

There are different severities of spinal injuries which affects the amount of compensation that can be claimed. The table below is not a definitive list of compensation amounts, but they are average guidelines for what you could expect for the severity of back injury.

Severity of InjuryDescription of InjuryPotential Compensation Amount
Minor Back InjuryAn injury that does not require surgery. This could be a strained muscle or a slipped disk.Up to £10,970
Moderate Back Injury An injury that does not require surgery. This could be a strained muscle or a slipped disk.Up to £34,000
Severe Back InjuryAn injury resulting in partial paralysis or a permanent organ failure.Up to £141,150
Paraplegic ParalysisInjury that leads to paralysis of the legs or paralysis from the waist down.Up to £249,270
Quadriplegic ParalysisInjury resulting in paralysis of the body or paralysis from the neck down.Up to £354,260

Note – It is possible to also claim for out of pocket expenses as referred to above.

 

 

Contact BTTJ Medical Negligence for Spinal Injury Claims

We understand how upsetting it can be to talk about what has happened and how overwhelming the consequences of clinical negligence are. At BTTJ Medical Negligence, we have a team of legal professionals and medical negligence specialists who are exceptionally experienced at handling these types of cases. All advice and information are treated with total confidentiality, compassion, and care.

If you have suffered from negligence and you would like to discuss spinal injury claims, then please get in touch with us to see how we can help.

You can call us on 0800 032 2474 or you can send us an email here.

Similar to other medical negligence claims, head and brain injuries can vary greatly in terms of severity. As a result, the amount of compensation that you could receive varies too. It’s unlikely that an online compensation calculator can adequately value your claim.

If you have suffered a brain injury in the last three years that was caused by someone else’s negligence, then you should get in touch with our experienced medical negligence solicitors. Our team are legal professionals with medical knowledge and they can let you know if you have a valid case for brain injury compensation. We can talk you through the whole process.

To help you understand more about brain injury compensation, we have listed the different severities of brain injuries below.

 

Different Severities of Brain Injury

The figures below are taken from the government published Judicial College Guidelines, which are simply lump sums to illustrate the pain, suffering and loss of amenity you have suffered. However, these figures provide a guideline as to what compensation you  may receive. The figures below are not definitive but they serve as a rough guideline as to what may be expected in various cases.

Severity of InjuryInjury DescriptionPotential Compensation Amount
Very Severe Brain Damage Serious brain damage that has a significant effect on the senses and severe physical limitation. The need for full-time care. The court will consider the degree of understanding the victim has, their life expectancy, and the extent of physical limitation.£247,280 – £354,260
Moderately Severe Brain DamageCases of severe physical or cognitive disability which leave the victim substantially dependent on others and need constant care or other medical requirements. The court will consider the victim’s life expectancy, degree of understanding, degree of dependence on others, the extent of their physical limitations, their ability to communicate, and behavioural abnormalities.£183,150 – £235,790
Moderate Brain Damage (Upper Tier)Moderate to severe damage to intellect and/or changes in personality. An effect on their sight, speech, and other senses, and a serious risk of epilepsy.£131,620 – £192,090
Moderate Brain Damage (Middle Tier)Moderate to modest damage to intellect. The possibility of the victim returning to employment is either greatly reduced or completely removed. Possible risk of epilepsy.£79,530 – £131,620
Moderate Brain Damage (Lower Tier) Concentration and memory are badly affected, and there is a lower risk of epilepsy. There is a reduction in the ability to work, but have very limited dependency on others.£37,760 – £79,530
Less Severe Brain Damage A good recovery has been made with a return to normal social and work life. There may be potential for on-going impairments such as poor concentration, memory loss or mood problems. For the upper end of this bracket, there may be a small risk of epilepsy. The court will consider any permanent disabilities or the chance of permanent disabilities, the severity of the initial injury, any changes in personality, and any depression.£13,430 – £37,760
Minor Brain or Head Injury Cases of minimal brain damage or non-existent. The court will consider the severity of the initial injury, time of recovery, any on-going symptoms, and the presence of headaches.£1,940 – £11,200

 

Contact BTTJ Medical Negligence for Brain Injury Claims

We understand how upsetting it can be to talk about what has happened and how overwhelming the consequences of negligence are. At BTTJ , we have a team of legal professionals and medical negligence specialists who are exceptionally experienced at handling these types of cases. All advice and information are treated with total confidentiality, compassion, and care.

If you have suffered due to medical negligence and you would like to discuss pursuing a claim for brain injury compensation, then please get in touch with us to see how we can help.

You can call us on 0800 032 2474 or you can send us an email here.

What is Needed for a Successful Brain Injury Claim?

Head or brain injuries are often the most severe types of injuries as they can cause serious and life-changing impairments. Even seemingly mild head or brain injuries could cause some unwanted side-effects. Medical professionals may sometimes miss subtle brain injuries as it can be difficult to assess the severity of a head injury. This means that the affected person may not get the appropriate care that they require.

If you have suffered a head or brain injury in the last three years that was caused by medical negligence, then you could be entitled to compensation. In order to make a successful brain injury claim, you must be able to prove that the injury was a result of the negligence of the Defendant..

 

What You Must Prove

To successfully make a claim for a brain injury, there are several elements which we will need to show:

  1. The Defendant must have owed you a ‘duty of care’.
  2. The Defendant must have failed to uphold their duty of care to you known as a breach of duty. This is required to substantiate a brain injury compensation claim and it can be through either something they didn’t do, or something they did do but didn’t meet the appropriate standard of care.
  3. As a result of the Defendant’s breach of duty they must have caused you to suffer a brain injury. This is known as Causation and is often the most disputed component of any medical negligence claim.

 

We must prove all of the elements above in order to be successful in your claim. It is for you to prove your case and not for the Defendant to disprove it.

These points may make the entire process sound quite difficult and challenging, but our experienced medical negligence solicitors at BTTJ have the legal and medical knowledge required to guide you through every step of the way, ensuring that making a claim is as easy as possible.

 

Contact BTTJ Medical Negligence for Brain Injury Claims

We understand how upsetting it can be to talk about what has happened and how overwhelming the consequences of negligence are. At BTTJ , we have a team of legal professionals and medical negligence specialists who are exceptionally experienced at handling these types of cases. All advice and information are treated with total confidentiality, compassion, and care.

If you have suffered due to medical negligence and you would like to discuss pursuing a claim for brain injury compensation, then please get in touch with us to see how we can help.

You can call us on 0800 032 2474 or you can send us an email here.

There are a number of types of brain injuries ranging from an acquired brain injury (ABI) arising from birth, a traumatic brain injury (TBI) usually caused by trauma to the head or other forms such as tumor, stroke or brain haemorrhage.

If someone suffers an injury to the brain, the effects can be wide ranging and can depend upon factors such as the type, locality and severity of injury.

For many people who have suffered as a result of medical negligence, compensation is the only way that they can afford to cope with the life-changing effects of a brain injury and to ensure that they receive adequate care and that their dependents are also looked after.

Perhaps it is someone close to you that has suffered from a brain or head injury?  If that person is not able to manage their own medical negligence claim, then you can do this on their behalf.

To help you understand more about brain injuries and how it might affect you, we have detailed some of the effects of brain injuries and provided more information about claiming on behalf of others.

 

Effects of Brain Injuries 

Even after a minor head injury, brain function can be temporarily impaired and is sometimes referred to as concussion which can cause further difficulties such as dizziness, fatigue or depression.

The more severe the brain injury, the more pronounced the long-term effects are likely to be. Those with more severe brain injuries are likely to have complex long-term problems affecting their personality, their relationships and their ability to lead an independent life.

Each area of the brain accommodates various mental and physical functions, so it can be difficult to quantify and cover the impact that a severe brain injury may have. There are three main groups as a general outline:

Cognitive Functions: Impairments to a person’s cognitive functions can result in severe problems and it may restrict their ability to function independently afterward. Memory loss, changes in personality, and intellect deficits can make reintegrating with society after an injury quite challenging. This may require extended therapy to regulate or overcome.

Motor Functions: The physical abilities of a person could be heavily affected which may restrict or reduce their mobility. This will increase their reliance on others for everyday activities and, ultimately, reduce their independence. The effects of the loss of independence may bring upon negative emotional reactions.

Emotional Responses: Emotional responses can be altered which makes symptoms harder to diagnose or quantify. Changes in emotional responses mean that this can be more complex to treat. They can be relatively minor responses such as mood swings but they can also be significant, such as depression or apathy.

 

What if my loved one does not have the capacity to claim?

If someone close to you had experienced brain injury from medical negligence and they are not able to manage their own claim, then a trusted friend or relative will be able to bring the claim on their behalf. By claiming on their behalf, you will take on the role and responsibilities as if they were acting themselves.

Generally speaking, there is a three-year time limit to make a medical negligence claim. However, in some cases where the individual has lost the mental capacity to make a claim without the assistance of others, there may be no time limit.

 

Contact BTTJ Medical Negligence for Brain Injury Claims

We understand how upsetting it can be to talk about what has happened and how overwhelming the consequences of negligence are.  We have a team of legal professionals and medical negligence specialists who are exceptionally experienced at handling these types of cases. All advice and information are treated with total confidentiality, compassion, and care.

If you have suffered due to medical negligence and you would like to discuss pursuing a claim for brain injury compensation, then please get in touch with us to see how we can help.

You can call us on 0800 032 2474 or you can send us an email here.

 

NHS Resolution, which was formerly NHS Litigation Authority, has published research on the motivation of patients making a compensation claim when something has gone wrong with their healthcare.

The research, which was conducted in partnership with The Behavioural Insights Team (BIT), surveyed 728 patients who had made a claim and looked at the incident that had occurred, how the patient felt it had been handled, how any subsequent complaint had been handled and the factors that led to the patient making a claim for compensation.  BIT also did an in-depth telephone interview with 20 past claimants.

The findings show that, in general, the research participants were not satisfied with the reactions of NHS staff following an incident or how their complaint was handled within the NHS.

It found that:

  • 63% of patients who responded felt that they did not receive an explanation for why the incident occurred.
  • Only 31% said they felt they had received an apology.
  • 71% of the people responding did not think that their healthcare provided undertook any actions to investigate the incident in the first instance.
  • Only 6% of respondents felt that actions were taken that would prevent the same incident happening again.
  • The majority rated the response to their complaint as ‘poor or very poor’ in terms of accuracy, empathy, speed of the response and level of detail.

 

It also found that both internal and external factors motivated patients to make a claim.  Personal motivations included:

  • Wanting to prevent similar things happening to others.
  • Wanting to receive an apology or an explanation for the incident, or to trigger a detailed investigation of the incident.
  • Wanting the clinicians involved to be held to account.
  • Emotional responses (e.g. frustration and anger) brought about by poor incident or complaint handling.
  • Financial compensation.

External motivations included:

  • Suggestions from NHS staff that making a claim would be appropriate
  • Advertising
  • Conversations with friends, family and wider social network

 

Helen Vernon, who is Chief Executive at NHS Resolution, said “This research confirms that claims for compensation can sometimes be made in the search of answers, which could have been provided when the incident occurred. Being open with patients when they suffer avoidable harm and taking tangible steps to learn from what happened are essential. We would like to thank the patients who spared the time to contribute to this valuable research, which will help us to build on our work with the NHS to improve the response when things go wrong.”

 

Full details of the research conducted can be found on the NHS Resolution website.

The Legal 500 has recognised Brindley Twist Tafft & James and recommended our Clinical Negligence department.

Seen as the leading guide to law firms and solicitors across the UK, the Legal 500 is an independent directory.

 

The 2018 results, which were recently published, recommends BTTJ’s clinical negligence department with the results reflecting the work the department covers relating to cerebral palsy, brain damage, gynaecology and orthopaedics.  Tom Barnes, Partner, and Richard Stanford, Solicitor from the Clinical Negligence department both received a special mention.  The publication recognises that Tom Barnes is ‘highly experienced‘, ‘has  a great case load‘ and ‘is popular with clients‘ and that Richard Stanford is ‘excellent‘, ‘clever‘, ‘hard working‘ and ‘canny‘.

Also recognised from Brindley Twist Tafft & James was our Corporate and Commercial department.  Samantha Wright, who is the Senior Partner at BTTJ, was recommended for her work in this field along with John Chadaway, Partner and Public Notary.

More information on the Legal 500 rankings can be found on the following links:

bttj.info/2JHjWnG

bttj.info/2JIYdvG 

 

We were very pleased to wear our hats at BTTJ and raise money in support of Hats for Headway during Action for Brain Injury Week.

 

BTTJ Medical Negligence staff

Headway are a great charity who support and provide rehabilitation to people affected by brain injury.  Headway LLR raised over £300.

 

 

 

Figures in the annual report of NHS Resolution, which handles litigation against the Health Service, show that parents made 232 claims against maternity units after newborns suffered cerebral palsy or brain damage in 2016/17.  This is a 23% rise from the 188 reported a year earlier.

 

Peter Walsh who is the chief executive of the charity Action against Medical Accidents has commented that ‘More research needs to be done to understand what is leading the increase, but moving away from the cult-like fixation with so-called ‘normal birth’ is a step in the right direction’

‘It is likely that this and also staffing issues has led to delays in intervention to protect babies and their mothers.’
‘No mother should be made to feel abnormal because an intervention is needed, and patient safety should always be the first concern.’

You can read the full story as reported in the Daily Mail here