If you’ve been paralysed because of somebody else’s negligence whether it was due to a road traffic accident, a workplace accident or something else you may be eligible to make a paralysis injury claim for compensation.
Our team offers free legal advice on paralysis claims. During a no-obligation consultation, we’ll review your chances of being compensated and explain your options. If there appears there’s a case to be answered, we could ask one of our No Win, No Fee personal injury lawyers to represent you. If they do, you won’t need to pay any legal fees unless you are compensated. We could help you to begin a claim on behalf of a loved one too if they are unable to manage the claim by themselves.
To learn more about claiming compensation if you’ve been paralysed, please read on. Alternatively, please feel free to call us on 0800 652 1345 if you’d like free advice on how to start a claim.
What causes paralysis?
Paralysis occurs when there is a problem with your nervous system. This is the mechanism used by the brain to send signals to your muscles. If those signals can’t get through, you won’t be able to move your muscles (paralysis). This can happen when the nervous system becomes damaged.
In some cases, nerve damage occurs naturally i.e. following a stroke or because of a birth defect. However, traumatic injuries sustained in accidents can also result in paralysis, especially when damage is done to the spinal cord (which protects nerves in your back and neck).
Can I claim compensation for paralysis?
Our personal injury solicitors don’t want to waste anybody’s time. As such, they’ll only work on paralysis injury claims where there is a reasonable chance of success. During their assessment of your claim, therefore, they will try to ascertain whether:
- The claimant (you) was owed a duty of care by the defendant (the party you blame); and
- Negligence on the part of the defendant caused an accident; and
- You were left paralysed following the accident.
Usually, legislation is used to prove that a duty of care exists in personal injury claims. We won’t cover each piece of law that might be relevant here but we will check on your behalf when you call to discuss your claim. However, here are some examples of what we mean by a duty of care:
- Road users have a duty to drive safely to try and avoid accidents.
- Employers have a duty to try and protect their staff at work.
- Business owners have a duty of care to make their premises as safe as possible.
- Medical professionals have a duty to provide a suitable standard of care for their patients.
If you’d like to check if you have the grounds to make a paralysis injury claim, please get in touch today.
Common types of paralysis compensation might be claimed for
Before we look at the reasons why you might be compensated after being paralysed, let’s look at the different types of paralysis that are possible. They are:
- Localised paralysis is where a body part like the face, foot or arm is paralysed.
- Where larger parts of the body are affected, it is known as generalised paralysis.
- Paralysis affecting a single limb is called monoplegia.
- Hemiplegia is where the leg and arm on one side of the body are both paralysed.
- Paraplegia is where both of your legs become paralysed. In some cases, the rest of the lower body including the pelvis can also be paralysed.
- Tetraplegia is where all four limbs (both arms and legs) are paralysed.
If you’ve been involved in an accident that wasn’t your fault and have been paralysed as a result, you could be entitled to compensation. Importantly, you could claim for suffering caused by temporary paralysis as well.
Examples of incidents leading to paralysis compensation claims
As you might imagine, there are lots of different accidents that could lead to paralysis injuries. We can’t list them all here but we have detailed a few examples to give you some idea of when a compensation claim might be possible. They include:
- Workplace accidents. Your employer should take steps, including regular risk assessments, to try and make your working environment as safe as possible. If they don’t and you sustain an injury as a result of a workplace accident, you could be compensated. For example, if you fell from a scissor lift and were left paralysed because your employer failed to provide a safety harness, you may be eligible for compensation. See our accident at work claims page.
- Road traffic accidents. You could claim compensation if you were paralysed following a crash that was not your fault. You could claim against the driver of the other vehicle if they caused the crash because they were using their mobile phone, for example. Similarly, you could claim if you were paralysed after being knocked off of your motorbike when a driver pulled out of a junction without spotting you. See our RTA compensation claims page.
- Medical negligence. In some cases, you may be left paralysed following a mistake by a doctor. For example, you might make a paralysis claim if your injury was caused by a mistake during surgery. Also, you may be entitled to compensation if a doctor misdiagnosed that you were having a stroke and were paralysed as a result. See our medical negligence claims page.
- Public place accidents. Customers, visitors and guests using a public place like a shopping centre or supermarket could claim if they suffer paralysis injuries because of negligence by the occupier or owner of the premises. For example, if you were injured in a fall caused by a loose safety rail, you may have the grounds to claim. See our public place accident claims page.
We can help with any type of paralysis claim by reviewing it for free and explaining your options. To discuss your case, why not call our team today?
How much compensation for being paralysed can I claim?
If you’ve been paralysed because of somebody else’s negligence, you may be entitled to general damages compensation for any pain and suffering you’ve endured and special damages compensation for the financial impact of your injuries. General and special damages might include compensation for:
- Any physical or mental pain caused by your injuries and subsequent treatment.
- The impact that paralysis has on your social life, family activities and hobbies.
- Any earnings you lost while you were injured (for temporary paralysis).
- Future loss of earnings for permanent paralysis that will reduce your earning capacity.
- The cost of a professional carer or the time a loved one will spend caring for you.
- Medical expenses which, in some cases, might include surgery at a private hospital.
- Travel costs associated with your injury.
- The cost of installing hoists or lifts in your home to help coping with your injury easier. Similarly, you could claim for ramps to make wheelchair access easier.
- Replacing items damaged during the accident in which you were injured.
It is important to assess your paralysis injury claim in full before it is filed with the defendant as you can’t claim again after you’ve agreed on a settlement figure. If your claim is managed by one of our solicitors, they’ll make sure that everything is included in an attempt to secure the highest possible compensation payment.[table “1” not found /]
Providing proof for paralysis injury compensation claims
In the main, personal injury claims for paralysis will end up with the defendant’s insurance company. Even if you are suffering considerably from your injuries, the insurer may try to deny liability for the accident or for your injuries. It is therefore important to put as strong a case together as possible to try and prove how you were injured, who was at fault and how you are suffering. The types of proof that could help with this include:
- Video evidence. If the accident was captured on dashcam or a security camera, act quickly to try and secure the footage before it is deleted.
- Photographic evidence. If anybody took photographs at the scene of your accident you should pass them on to your solicitor. These can go some way to proving how the accident occurred.
- Accident report forms. Accidents in the workplace or in a public place should be recorded in an accident report system. You are entitled to a copy of the report and it could be used to prove when and where you were injured.
- Police reports. Due to the nature of your injuries, the emergency services are likely to have attended the accident scene. Your solicitor could ask for any investigation reports to be forwarded to them.
- Medical records. During your paralysis claim, your solicitor will ask for a copy of your notes and x-rays to help prove the severity of your injuries.
- Witness details. You should pass on the details of anybody else who saw your accident to your solicitor with their permission. They might ask them for a statement if liability for your accident is denied.
Independent medical reports for paralysis claims
As part of the paralysis claims process, you’ll need to be assessed by an independent expert. They will examine you and talk to you about how you have been affected by being paralysed. They’ll then try to summarise your prognosis in a report that will be sent to your solicitor and the defendant’s insurers.
Paralysis injury claims time limits
If you decide to claim compensation after being paralysed in an accident that was not your fault, you’ll have 3 years in which to do so. This time limit will usually commence on the date of your accident. If a child has been paralysed in an accident, the 3-year limitation period will not apply as a litigation friend could make a claim at any point before the child’s 18th birthday.
Our advice is to start the paralysis compensation claims process as soon as you can to give yourself a better chance of gathering proof to support the claim. Also, you’ll allow your solicitor plenty of time to arrange for medical reports to be obtained.
Paralysis claims can involve quite a lot of investigation regarding your prognosis. This means that they can take more than a year to be settled. However, if liability is accepted during that time, your solicitor could ask for interim payments to be made to help you deal with any financial impact of your injuries.
No Win, No Fee paralysis compensation claims
If you are worried about the cost of paying for a solicitor to represent you during a paralysis compensation claim, then we can help to reduce your stress levels. That’s because our solicitors work on a No Win, No Fee basis for any claim they accept.
This means that:
- There are no upfront legal fees needed.
- You don’t pay for your solicitor’s work if they fail to win your claim.
- A success fee is deducted from any settlement amount if your claim is won.
Your success fee will be listed in your No Win, No Fee agreement but it is legally capped at 25%. It is used to cover your solicitor’s costs and the work they’ve completed during your claim.
To check if one of our solicitors could represent you on a No Win, No Fee basis, please call today.
Start a paralysis injury compensation claim today
We want to help you understand your options if you or a loved one has been paralysed in an accident that was somebody else’s fault. For free legal advice and a review of your case, please call us today on 0800 652 1345.
If your claim is accepted, your solicitor will manage all aspects of the case so you won’t need to deal with the defendant at all. Remember, you won’t pay any legal fees if your claim fails.
If you have further questions about paralysis compensation claims, please use our live chat function to speak with an online advisor.