Paralysis Injury Claim – How To Claim Compensation

This guide will discuss when a paralysis injury claim could be valid. Some accidents can cause life-changing paralysis that significantly impacts daily life and activities. 

We will explain what you need to satisfy eligibility requirements for a personal injury claim after being badly hurt in an accident. This includes reviewing the third parties who owe you a duty of care on the road, at work or in public places.

Man who is paralysed from the waist down moving his wheelchair

Later on, we will explain the legal time limit that applies to personal injury claims. Afterwards, the guide outlines evidence that can support serious injury claims.

You will also see what compensation you could receive in a paralysis injury settlement. Finally, we will note the benefits of using No Win No Fee solicitors when making your claim.

Speaking to our advisors could help you discover whether you have grounds to claim compensation. You can contact us through any of the below methods to reach a dedicated advisor for guidance and support:

Select A Section

  1. Am I Eligible To Make A Paralysis Injury Claim?
  2. Paralysis Injury Claim Time Limits
  3. Providing Evidence Of Your Paralysis Injury Claim
  4. What Could I Claim For Being Paralysed?
  5. No Win No Fee Serious Injury Claims For Paralysis

Am I Eligible To Make A Paralysis Injury Claim?

A personal injury claim must meet certain eligibility criteria, which are:

  • A third party owed you a duty of care;
  • They breached their duty;
  • This breach caused an accident, leading to you sustaining physical and/or mental harm.

The below section looks at the duty of care owed by road users, employers and those controlling public spaces.

Paralysis Caused By Accidents On The Road

Road users’ duty of care is to navigate roads and highways in a way that keeps themselves and others safe. A road traffic accident could result from a road user failing to follow the rules provided by the Road Traffic Act 1988 and the Highway Code. Examples of a breach of duty that may lead to a paralysis injury claim could include:

  • An HGV operator exceeds the speed limit causing them to lose control before crashing into a car. Due to the heavy impact of the crash, the car driver suffers a spinal injury featuring paralysis.
  • A car driver suffers a serious neck injury because another driver turns into their lane without indicating, forcing them off the road. The driver is diagnosed with hemiplegia.

Paralysis Caused By Accidents In The Workplace

The Health and Safety at Work etc. Act 1974 sets out a duty of care for employers. In line with Section 2 of the Act, employers must take reasonably practicable steps to prevent employees from suffering an accident at work. A breach of duty could cause a serious accident, such as in the following examples:

  • An employer fails to give safety equipment or forklift training, and an employee is struck hard on the head in a forklift accident. The employee suffers a serious brain injury and quadriplegia.
  • Puddles on the workplace floor are not cleared up, and workers are not notified of a slippery surface. An employee slips on the wet floor and is paralysed due to significant back damage.

 Paralysis Caused By Accidents In Public

A duty of care to keep visitors of a public space reasonably safe is set out by the Occupiers’ Liability Act 1957. It applies to occupiers, a term referring to those in control of such spaces. 

An accident in a public place could be caused by an occupier breaching their duty of care in the following ways:

  • A library visitor suffers a crush injury when a faulty automated door that was not properly maintained crushes their arm. They are diagnosed with monoplegia in the affected arm.
  • In a gym accident, a gym user is trapped in a broken and poorly maintained piece of exercise equipment. They suffer paraplegia affecting their legs.

Please get in touch for a free assessment of your potential paralysis injury claim after an accident you have been hurt in. If your case is valid, they could put you in touch with a lawyer from our panel. 

Paralysis Injury Claim Time Limits

You may be wondering about the time limit that applies to a personal injury claim. The Limitation Act 1980 sets a general time limit of three years from the accident date. Therefore, if you have been hurt in an accident caused by a breach of duty of care, you have three years from that date to start your paralysis injury claim.

There are exceptions to this, however. For example, if you lack the mental capacity to claim yourself, the time limit is paused. During the time period in which the suspension applies, a court-appointed litigation friend could start a claim on your behalf. However, if this is not done and you become capable of claiming, you have three years from your recovery date to submit your claim.

A person under 18 has a paused time limit until their 18th birthday. Their three-year limit begins from there unless a litigation friend had already started proceedings.

Please get in touch with our advisors if you would like to check how long you have left to begin your paralysis injury claim.

Providing Evidence Of Your Paralysis Injury Claim

A paralysis injury claim can be supported heavily by relevant evidence, such as:

  • Photographs of the accident scene.
  • Dash cam or CCTV footage of the accident and its cause.
  • Medical evidence such as X-rays.
  • A diary of your treatment and symptoms and how they have affected you.
  • Witness contact information.

Our solicitors can support you with collecting evidence as part of a claim. You can learn more about the services a solicitor can provide to help your paralysis injury claim by speaking with our dedicated advisors.

What Could I Claim For Being Paralysed?

Up to two heads of claim could form a paralysis injury claim settlement. They are:

  • Special damages, compensating for financial losses stemming from injuries. This could include home adaptation or equipment costs, or a loss of earnings if you cannot work because of paralysis.
  • General damages, compensating for physical suffering and psychological injuries resulting from harm suffered.

Please note that only the settlements where general damages are awarded can also feature special damages.

You can review guideline compensation amounts for certain paralysis injuries in the below table. The figures come from the Judicial College Guidelines, a document used by legal professionals in tandem with medical evidence to value injuries during a case.

However, it is important to remember that each personal injury settlement depends on the case’s specific details. Therefore, this table is not a guarantee of compensation you would get.

Compensation table

Edit
INJURY COMPENSATION NOTES
Multiple Injuries – Serious Up to £1,000,000+ An award for several kinds of serious injuries with compensation for future and past financial expenses.
Paralysis £324,600 to £403,990 A diagnosis of tetraplegia, where paralysis occurs in the upper and lower body.
Paralysis £219,070 to £284,260 Cases of paraplegia, or paralysis of the lower body.
Brain Damage – Very Severe £282,010 to £403,990 The sufferer will display, among other symptoms, little to no meaningful response to their surroundings.
Brain Damage – Moderately Severe £219,070 to £282,010 A significant dependence on others, plus a persistent need for care, will be side-effects of severe disabilities experienced by the injured person.
Back – Severe (i) £91,090 to £160,980 Spinal cord and nerve root damage feature in severe and uncommon back injuries.
Neck – Severe (i) In the region of £148,330 The injured person could experience spastic quadriparesis or incomplete paraplegia.
Neck – Severe (i) £65,740 to £130,930 Injuries referred to this bracket could feature a significant loss of neck movement, coupled with loss of function in at least one limb.
Loss of earnings Up to £100,000 and above Compensation could be awarded to account for a loss of earnings caused by injuries.

No Win No Fee Serious Injury Claims For Paralysis

Our No Win No Fee solicitors can take on a valid paralysis injury claim under a Conditional Fee Agreement (CFA.) These terms are a form of No Win No Fee contract where you typically do not pay for your solicitor’s efforts:

  • Upfront;
  • As the case continues;
  • At all, should your case fail.

Your solicitor deducts a percentage of your compensation if the case wins as a success fee. The Conditional Fee Agreements Order 2013 caps the percentage a solicitor can take.

Contact Our Specialist Team

You can speak to our advisors at any time to discuss your experience and a possible compensation claim. An advisor can then assess your chances of claiming based on the details you provide. If you have valid grounds to seek compensation, you could be put into contact with one of our solicitors.

To discuss your paralysis injury claim options further, simply:

Discover More About Paralysis Injury Claims

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Thank you for reading our guide on making a paralysis injury claim. Our advisors are on hand to answer questions and offer support so please do not hesitate to contact us.

Guide by EM

Edited by FS