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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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.
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 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 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.
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 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.
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:
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.
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.
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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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.
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:
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.
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.
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.
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.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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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 are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
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 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.
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 LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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