INJURY*

Spinal Injury Claims*

Spinal injuries most commonly happen due to a blow to the spine which fractures one or more vertebrae, causing disruption to the cord's normal functions.

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How Do Spinal Injuries* Occur?

The spinal cord transports any communication that is sent from the brain to the rest of the human body. Depending on what nerve roots are affected and the exact location of trauma, the results can range from serious and chronic pain to paralysis and untreatable injuries. If you or a family member have suffered a spinal injury you may be eligible to pursue a claim.

What are the Types of Spinal Injuries?

The majority of spinal injuries will almost always result in the restriction of mobility or some form of paralysis. The exact location and severity of the damage are the two key factors that determine how severe the injury is. Different types of injuries include:

Cervical

Cervical spinal injury is the area directly below the base of the skull where the spinal cord is attached to the brain. This injury is usually the result of a violent collision, such as a road traffic accident.

Thoracic

Thoracic spinal injury is the area between the head and abdomen. Injuries that occur in this region of the spine usually result in paraplegia. Paraplegia is the impairment of motor or sensory function of the lower limbs, such as the loss of motor control of the legs.

Lumbosacral

The Lumbosacral injury is the area covered by the lower back, abdomen and pelvic region. Spinal injuries* that occur in this region reduce the control of the hips, urinary system and legs.

Cauda Equina Syndrome

Cauda equina syndrome is a condition where the nerves located at the base of the spinal cord become compressed, resulting in damage to the nerves controlling the bladder and bowel.

What are the Causes of Spinal Injuries*?

The result of a spinal injury can range from something like a slip/trip/or fall to a major road accident. The most common causes of spinal injuries include:

On what grounds can spinal injury claims be made?

Negligence

The spinal injury may have been the fault of negligence by another person. An instance of this would be if a person suffered a spinal injury due to the reckless driving of another person. It is important to note that proof is needed to show that the defendant was negligent.

Medical Malpractice

A medical practitioner may cause an injury in cases where they have administered substandard medical treatment, leaving the person with an injury. It is important to show that the injury was a result of medical malpractice and therefore an independent medical assessment may be required.

Defective Products

This is a personal injury caused due to a faulty product. The most common examples of defective products include defective pharmaceutical products, defective medical products and products that don’t work as demonstrated, such as airbags.

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We use our expert knowledge and over 35 years of experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Call us today on +353 1 649 9900 or contact us online.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury solicitor to help you with this.

  1. Prepare the information for a solicitor

    When you decide you want to move forward with your injury claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • If any emergency services attended the scene and their details
    • Details of your injuries
    • Hospitals/Doctors attended with your injury
    • Any pictures you may have taken of the scene of the accident and/or your injuries
    • Details of any witnesses
    • Is there CCTV that may have captured the accident?
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the injury claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    The most important document needed to prove your injuries is your medical report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.

At Tracey Solicitors LLP, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.

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Case Settlement

If you are to proceed with an injury claim you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.

Special Damages

Special damages are out of pocket expenses incurred as a result of the injury, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages. 

Material Damages

Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors LLP

We draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

+353 1 649 9900

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