Spinal Injury Claim in Cumbria
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Spinal injury is among the most devastating damage the body can suffer. It can have catastrophic consequences not only for the victims, but for their families as well. Claims can be highly complex, as awards can take into account much more than the initial spinal cord injury itself. The lifelong specialist care and treatment, with additional pressures and restrictions imposed on the lives of family carers can lead to compensation awards running into several million pounds.
Effects of spinal injury
The spinal column contains critical nerves carrying sensation and control for the entire body. Even minor damage can have severe consequences, from constant pain to paralysis. The extent of these effects will depend on how high up the spine the damage occurred. At the most extreme, a neck injury can cause total paralysis (quadriplegia) which may result in the victim having to be kept on a ventilator to breathe.
Handling spinal injury claims
Spinal injury claims are best dealt with by a specialist solicitor. Such injuries can affect all aspects of life for decades ahead. Only solicitors with appropriate experience will be aware of all the factors that can be taken into account when making a claim.
Personal Injury Law in Cumbria
What rights do I have under personal injury law?
If you have suffered an injury which wasn’t mainly your fault, the law says you are entitled to compensation for pain, suffering and loss of amenity. You may also gain compensation for loss of earnings and additional expense incurred due to the injury.
Who does the law say is responsible if I suffer personal injury?
Personal injury law has established a duty of care on the part of people, companies and organisations to ensure they do everything reasonably possible to avoid causing injury to others. As examples, if land owners allows the public access to their property, they should ensure that walkways are adequately maintained. Shopkeepers should keep aisles clear of objects shoppers might trip over, and clean up spillages promptly to prevent slips. When playing sports, the law expects people to behave responsibly and not inflict injury on others. There is also specific employment law which lays down the duties of employers to minimise the risk of personal injury.
What is the basis for a personal injury law claim?
If your injury claim is to succeed, the law says you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation under the law.
How much compensation can I win under personal injury law?
Amounts are determined by legal decision on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up from case law in personal injury claims. Information is given on this site under individual types of injury.