Spinal Injuries - Medical Negligence

How our spinal injury solicitors can help you

Our goal is to guide you through the entire process of making a claim, being by your side every step of the way.

However, our support isn’t just about getting you compensation. We are also highly experienced in helping people to get the full range of help and assistance they need following a spinal injury, so we can provide a holistic approach to ensure you achieve the best possible recovery and quality of life.

We can put you in touch with various specialists, support services and charities, as well as advising you on issues related to managing any compensation you receive in the most effective way.

No win, no fee spinal injury claims

We represent most of our clients under a conditional fee agreement (CFA), more commonly referred to as ‘no win, no fee’. This means there is no upfront cost to start a claim.

Find out more about funding a medical negligence claim.

Out-of-court settlements for spinal injury negligence

The vast majority of medical negligence claims we deal with never go to court as we are almost always able to achieve an appropriate settlement out of court. This means we can get you compensation faster, with less stress and lower legal fees, without compromising on the level of compensation you receive.

Our experience in investigating claims, gathering the necessary evidence and building strong cases for our clients is critical to our track record of successfully settling claims out of court.

However, where court proceedings are needed to get you the best possible compensation, we can make sure you have the best available representation and personal support every step of the way. With strong experience of pursuing claims through the courts, we can give you the best chance of a positive outcome while keeping the process as easy for you as we can.

Key things to know when claiming compensation for spinal injury negligence

Who is entitled to compensation for a spinal injury?

There are three main circumstances where you may be entitled to compensation for a spinal injury:

1. Where the injury was caused by someone else’s negligence e.g. in a car accident or accident at work
2. Where the injury was the result of an assault
3. If the injury was caused or made worse as a result of medical negligence (also referred to as ‘clinical negligence’ e.g. misdiagnosis or late diagnosis of cauda equina syndrome

In order to succeed in a claim for damages for medical negligence it must be proved:-

1. That the treatment you received fell below a standard that you are reasonably entitled to expect from a reasonably competent doctor/hospital. Lawyers call this “breach of duty” and;
2. That any breach of duty that we are able to prove has caused you injury. Lawyers call “this causation”.

Time limits for spinal injury claims

You generally have 3 years to pursue a medical negligence claim. This time limit is known as the ‘limitation date’. This usually runs from the date of the injury or the date you became aware you had suffered significant injury as a result of medical treatment (whichever is later).

There are, however, some circumstances where the time limit may not start to run until a later date. For example:

Claims involving minors

The 3 year time limit does not run until a minor’s 18th birthday meaning that a child has until their 21st birthday to pursue a claim. Until a child reaches the age of 18 they are required to have a ‘litigation friend’ to act on their behalf. Normally this is a parent of the child who is bringing the claim.

Capacity Issues

Where an injured person lacks capacity to bring a claim then the 3 years limitation period does not start to run. If the injured person lacks capacity prior to or from the date of the injury then limitation does not start to run until that person has regained capacity. In the event an injured person does not regain capacity then the 3 year limitation period will never start to run.

It is important to remember that if a person lacks capacity after the date they were injured then the 3 year limitation period still runs and will not be suspended.   

Death

If an injured person passes away during the 3 year limitation period then limitation is automatically reset. This means the deceased’s estate will have 3 years from the date of death to pursue a claim.

Knowing which time limit applies to you and whether you are still eligible to make a claim can be complicated. Given the potential complication we strongly advise getting in touch with one of our solicitors as soon as possible, no matter how long ago the negligence occurred. The longer you leave it the harder it will be to find a solicitor willing to take your case on.

How much compensation can you get for negligent treatment of a spinal injury?

This will depend on the extent of your injuries and the impact those injuries have had on your life. It will also depend on your future needs including possibly being unable to work, requiring alternative or adapted accommodation and/or any future treatment you require.

Normally compensation is split into two ‘heads of loss’ referred to as ‘special damages’ and ‘general damages’.

Special damages cover your financial losses, both past and future. This might include compensation for loss of earnings/income, the costs of medical treatment, buying specialist equipment, funding home adaptations, travelling expenses associated with having to attended medical appointments and care and assistance.

General damages are for non-financial losses relating to the actual injuries you have suffered e.g. pain, suffering and loss of amenity.

Why use our spinal injury solicitors in South Wales?

JCP Solicitors is recognised as one of the top clinical negligence law firms in South Wales with most of our clients coming via recommendations from other solicitors thanks to our exceptional reputation.

Our clinical negligence lawyers have decades of experience, so know exactly how to handle your claim the right way to give you the best chance of securing fair compensation. We can offer clear legal advice and compassionate personal support for every stage of your claim, making the whole process as easy as possible on you.

As well as being accredited by the Law Society for Clinical Negligence claims, we have also been awarded their Lexcel Quality Mark for our high legal standards. We are independently regulated by the Solicitors Regulation Authority (SRA), providing assurance that we always meet the highest legal standards.

With several Welsh speakers and a dedicated Welsh language coordinator, we are happy to work with you in English or Welsh, allowing us to provide the clear, effective support you need.

We offer a convenient local services for people across South Wales, East Wales and West Wales from our offices in Cardiff, Swansea, Caerphilly, Carmarthen, Cowbridge, Fishguard, Haverfordwest, Pontypridd and St Davids.

Start a spinal injury compensation claim in South Wales

To start a claim for negligent treatment of a spinal injury with our expert medical negligence solicitors in South Wales, please contact your local JCP office.