Spinal Injury Claim in Surrey
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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.
Damages Award for Injury in Surrey
How are damages for injury arrived at?
An award of damages for injury consists of two parts. The most immediately obvious effects of your injury are covered by damages for “General Damages”. This part of your compensation award covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your damages will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your award involves financial loss or additional costs. Under this heading will come damages for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for being awarded damages?
If you are to win damages, 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 awarded damages.
Will a pre-existing condition reduce my damages award?
On the contrary, any award for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.