Useful information

• Personal Injury Claim
• Road Accident Claim
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• Medical Negligence Claim
• Birth Injury Claim
• PIAB Application Guide
• Statute of Limitation
• No Win No Fee Guide

Spinal Injury Claim – A Complete Guide

Spinal Injuries: Understanding the Severity

Spinal injuries can be described as complete or incomplete.

1. Complete spinal injury

Complete spinal cord injuries are rare, but they are more serious. A Complete injury results in total Paralysis below the primary level of the injury. Complete spinal cord injuries fall into four categories:

Cervical vertebrae (7)

C1 – C7 Spinal Injury  Head, hands, shoulder, arms, neck, and diaphragm.

Thoracic vertebrae (12)

T1 – T12 Spinal Injury  Chest muscles, abdomen, and muscles in the back.

Lumbar vertebrae (5)

L1 – L5 Spinal Injury  Hip, thigh, feet, and knee muscles.

Sacrum (5)

S1 – S5 Spinal Injury  Bladder and Bowel.

2. Incomplete spinal injury

More than 60% of all spinal cord injuries are incomplete. Medical experts are trained to respond appropriately to this damage to avoid further complications. Incomplete spinal injuries are classified into three categories:

• Anterior Cord Syndrome
• Central Cord Syndrome
• Brown-Squard Syndrome

Common causes

Many types of accidents can lead to spinal injuries, including:

• Road accidents: Road traffic accidents are the most common cause of spinal injuries. There is always a possibility of spinal injuries resulting from accidents involving cars, motorcycles, bicycles, and pedestrians, especially if the victim did not wear a seatbelt or helmet while in the vehicle. Read More
• Slips and falls: Falls are a common cause of spinal injuries, particularly among older adults. Falls can occur in many settings, including the workplace, home, and public places.
• Accidents in the workplace: Spinal injuries can occur in various workplace settings, including construction sites, factories, and offices. Workers who lift heavy objects or work at heights are particularly at risk of spinal injury. Read More
• Sports and recreation: Sports and recreational activities, such as football, rugby, skiing, and horse riding, can all lead to spinal injuries. These injuries are prevalent among young people and athletes. Read More

Do I have grounds for a spinal injury claim?

There are several grounds on which a spinal injury claim can be made

• You were owed a duty of care by another party (for example, as a road user, employee, patient, or visitor to a premises)
• That duty of care was breached, i.e., through negligence
• You have suffered an injury as a result of that breach of duty/ negligence

Spinal injury claim amount

How much compensation you receive for a spinal injury claim is dictated by two legally binding documents known as The “Book of Quantum” and the recently published Personal Injuries Guidelines by the Judicial Council of Ireland. The Book of Quantum dictates how much compensation you are owed if your authorisation was received from PIAB before the 21st of April 2021. In all other cases, compensation for general damages is assessed with the Judicial Council’s Personal Injuries Guidelines.

The Book of Quantum sets general guidelines for the amounts awarded or assessed in spinal injury claims. The guidelines are divided into sections depending on the injury category, e.g., head injuries, neck injuries, back injuries and spinal fractures, upper limb injuries, lower limb injuries, and body and internal organs. The Book of Quantum identifies four steps to assess appropriate compensation for the suffered injury. These steps are as follows:

• Identify the category of injury
• Assess the severity of the injury (through medical reports and records)
• Research the value range
• Consider the effect of multiple injuries

The Judicial Council adopted the Personal Injuries Guidelines on the 6th of March 2021. Similar to the Book of Quantum, this legal document sets out guidelines for assessing compensation regarding general damages. The general principles for this assessment centre on three criteria:

• Awards of damages must be fair and reasonable to both the claimant and the defendant(s)
• Awards must be proportionate to the injuries sustained
• Awards must be compared on a scale of injuries that are both of a lesser and greater magnitude

One of the most substantial differences brought about by this update is that the average level of damages awarded has been reduced. However, the new guidelines have provided more details and explanations for claimants, which is a welcomed change in making a personal injury claim.

Statute of Limitations

Generally, the time limit to bring legal proceedings for a spinal injury claim is two years from the date you first become aware you were injured due to an accident/negligent act done to you. There are, however, exceptions to the application for a spinal injury claim. If someone is under 18, the two-year period does not commence until their 18th birthday. Also, in cases where a person does not know they have been injured at first and have taken all steps to determine if they are injured, the two-year period may begin once they have established that they are injured in some way.

Support group

Spinal Injuries Ireland

SII is the only support and service agency for people who have sustained spinal cord injuries and their families. They provide a nationwide person-centred service to assist people in engaging fully in society following their injury.

Our team

The highly experienced team at Coleman Legal LLP will talk about your case with you and let you know whether you may have a potential spinal injury claim against another party. If you have a potential spinal injury claim, we will, on your instructions:

• Instruct technical experts as necessary to thoroughly investigate your case.
• Obtain your medical records.
• Prepare and submit an application to the Injuries Board on your behalf.
• Prepare and issue court proceedings if the case is not resolved through the Injuries Board.
• Manage your case through the litigation process, supporting you throughout.

If you want to take legal action over a personal injury, consult our spinal injury solicitors, who are members of the Law Society’s injury accreditation scheme. Contacted us at:

Coleman Legal LLP Solicitors

84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details

Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply