Understanding spinal injuries
Spinal injuries are broadly categorised as complete or incomplete, depending on the extent of damage to the spinal cord and the resulting neurological function. Understanding the process of a Spinal Injury Claim is crucial for those affected.
1. Complete spinal injury
A complete spinal cord injury results in a total loss of motor and sensory function below the level of injury. These injuries are less common but typically involve permanent neurological impairment.
Complete spinal injuries are classified by the affected vertebral level:
- Cervical spine (C1–C7): May affect movement and sensation in the head, neck, shoulders, arms, hands, and, in higher injuries, breathing function.
- Thoracic spine (T1–T12): Commonly affects chest stability, trunk control, abdominal muscles, and parts of the back.
- Lumbar spine (L1–L5): Often affects hip, thigh, knee, and foot function, with varying effects on mobility.
- Sacral spine (S1–S5): May affect bowel, bladder, and sexual function.
2. Incomplete spinal injury
Incomplete spinal injuries account for the majority of spinal cord injuries. In these cases, some neurological function remains below the injury level. Outcomes may vary widely depending on the severity and location of the damage.
Common forms of incomplete spinal injury include:
- Anterior cord syndrome: greater loss of motor function with preserved sensation
- Central cord syndrome: often affects the upper limbs more than the lower limbs.
- Brown-Séquard syndrome: damage to one side of the spinal cord, resulting in asymmetric symptoms
Timely diagnosis, appropriate imaging, and comprehensive rehabilitation are critical factors influencing functional outcomes after incomplete spinal injuries.
Common causes of spinal injuries in Ireland
In Ireland, spinal injuries occur in various everyday, occupational, and clinical environments. While many result from sudden traumatic events, some arise in healthcare settings due to preventable errors.
- Road traffic accidents: Collisions involving cars, motorcycles, bicycles, or pedestrians remain one of the most common causes of spinal injuries. High-speed impacts, side collisions, rollovers, and accidents involving vulnerable road users can all result in serious spinal trauma.
- Slips, trips, and falls: Falls are a significant cause of spinal injuries, particularly among older adults. These incidents may occur in workplaces, private residences, hospitals, care facilities, or public spaces, frequently caused by environmental hazards or insufficient safety precautions.
- Workplace accidents: Spinal injuries can occur in workplaces involving manual handling, construction, industrial machinery, or working at height. Sudden falls, lifting injuries, or structural failures are common contributing factors in occupational settings.
- Sports and recreational activities: Contact sports and high-impact activities, such as rugby, horse riding, skiing, cycling, and diving, pose an elevated risk of spinal injury. Such injuries are more common among younger individuals and participants in competitive or high-speed sports.
- Medical negligence: Spinal injuries may also occur in medical or clinical contexts, including those resulting from delayed diagnosis, surgical errors, improper patient positioning during procedures, failure to recognise spinal trauma, or insufficient post-operative monitoring. Additionally, injuries can arise when infections, compression, or neurological deterioration are not promptly identified or managed.
Spinal injuries related to medical negligence often involve complex clinical and legal considerations. Assessment typically relies on medical records, expert opinions, and established standards of care.
Do I have grounds for a spinal injury claim?
Spinal injury claims in Ireland are evaluated according to established principles of negligence. Generally, the following elements must be demonstrated:
- A duty of care was owed to you.
- That duty of care was breached.
- The breach directly caused your injury.
Each case is determined by its specific facts, supported by medical evidence, expert opinions, and relevant documentation.
Spinal injury claim amount
Compensation for spinal injury claims in Ireland is determined with reference to two established legal frameworks: the Book of Quantum and the Personal Injuries Guidelines issued by the Judicial Council of Ireland.
The Book of Quantum applies to cases where authorisation to proceed was granted by the Injuries Board (PIAB) before 21 April 2021. For all subsequent cases, compensation for general damages is assessed in accordance with the Personal Injuries Guidelines adopted by the Judicial Council.
The Book of Quantum
The Book of Quantum sets out general guidelines for the assessment of damages in personal injury claims, including spinal injury claims. It categorises injuries into sections such as:
- Head injuries
- Neck injuries
- Spinal injuries
- Upper limb injuries
- Lower limb injuries
- Injuries to the body and internal organs
The Book of Quantum provides a structured process for assessing compensation, which includes the following steps:
- Identifying the category of injury
- Assessing the severity of the injury, based on medical reports and records
- Reviewing the relevant compensation range
- Considering the impact of multiple injuries, where applicable
Personal Injuries Guidelines (Judicial Council)
The Judicial Council adopted the Personal Injuries Guidelines on 6 March 2021. Like the Book of Quantum, these guidelines establish a framework for evaluating general damages in spinal injury claims. The assessment of compensation under the Guidelines is guided by three core principles:
- Awards of damages must be fair and reasonable to both the claimant and the defendant.
- Awards must be proportionate to the injuries sustained.
- Awards must be considered in the context of injuries of both lesser and greater severity.
A significant change introduced by the Personal Injuries Guidelines is the reduction in general damages compared to the previous framework. The Guidelines also offer more detailed categorisation and explanation of injuries, resulting in greater clarity during compensation assessment.
Rehabilitation, supports, and services
Spinal injuries frequently necessitate long-term, multidisciplinary support, such as rehabilitation, occupational therapy, and the use of assistive technologies.
In Ireland, Spinal Injuries Ireland delivers nationwide services to support individuals and families affected by spinal cord injury, with an emphasis on independence, participation, and community integration.
