Spinal Cord Injury Claims
If a person has sustained this injury due to the negligence of another and wishes to have a metting to discuss the facts and their options, we can have an appointment with them and their family members if required.
Our contact details are found to the top right of our wesbite.
There is a lot of consider for both the present and future for a person with a serious injury. We have many years of experience specialising in civil law personal injury cases and if we can help we will.
Accidents can occur which can have severe or catastrophic consequences for a person and their family.
If the person was owed a duty of care by another, for example, as a road user, patient, employee etc. – a breach of duty arose which caused the injury as a result of negligence, then damages through a legal action can be sought.
For such an injury medical treatment can be significant, ongoing, and costs will arise for present and possible future care, which may need to be a heading of loss in a case. Then there is loss of earnings or maybe other individual loss to the particular person which will need to be considered.
Step one is to have a meeting your solicitor, and with a family member perhaps to discuss the facts and investigate if a case can be brought. The person will obtain a legal opinion with respect to the strengths or weaknesses of such a case.
If a case is commenced it proceeds to the Injuries Board and we have a post to explain this process here. If the matter is not concluded in the Injuries Board it may proceed to court.
To get a full understanding of the medical issues which arise, it will be necessary to obtain a report from the doctor(s) and possibly medical records.
Spinal Injuries Ireland is a support group who can assist to work directly with a person for this injury type, so they are not on their own. The person will evidently also have their own medical team to assist also.
What are the types of Spinal Injuries ?
Spinal injuries can result in varying degrees of limitation in mobility or paralysis. Primary factors which help to establish the severity of the injury are the exact location of the injury as well as the intensity of the damage. Motor and sensory function can be a significant issue with this injury type. For the injured party the question of how severe was the injury to the spinal cord will need to be addressed ie was it fully severed or not. Evidently it is not an injury anyone would want as it is so serious but a spinal cord can be compressed but not served also.
Different types of spinal cord injuries consist of the following:
Cervical
This type of injury happens to be the area just below the skull’s base where the spinal cord is going to connect to the brain. Any violent collision like a vehicle accident can lead to this kind of injury.
Thoracic
This is the region between the abdomen and the head and injuries which happen in this area of the spine typically lead to paraplegia. This is an impairment of the sensory or motor function of the lower limbs.
Lumbosacral
This type of injury is the region which is covered by our lower back, pelvic area, and the abdomen. The spinal injuries which take place here minimize the control of the legs, urinary system, and the hips.
Cauda Equina syndrome
This is a condition where the nerves which are positioned at the base of our spinal cord become compressed. This leads to damage to the nerves that control the bowel and the bladder.
What are the causes of spinal injuries?
A spinal injury can be caused because of the following reasons:
• Falls and slips in public areas.
• Road traffic accidents.
• Sports accidents.
• Violent assaults.
• Negligence at the time of spinal surgery.
• Inability to detect Couda Equina syndrome.
• Carelessness while administering epidural injections.
Personal Injury Solicitors
Kieran Cleary and Roger Cleary, Personal Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Cleary & Co. have many years of experience specialising in civil law personal injury cases and if we can help we will.
On what grounds can spinal cord injury claims* be made?
Medical Malpractice
An injury can be caused by a physician in cases where a substandard medical treatment has been administered by them. It is essential to show that the spinal cord injury was caused by medical malpractice.
Negligence
The injury can be caused by the negligence of another individual. For example, if a person sustained a spinal cord injury* because of the careless driving of another individual. It will need to be proved the offending driver was negligent in act or omission.
Many spinal cord injuries arise from road traffic accidents. Nerve roots can get damaged and it can be medically complicated.
Defective products
This kind of personal injury can be caused because of any defective product. For example, faulty products might consist of defective medical products, defective pharmaceutical products, as well as products that do not function as demonstrated, like airbags.
What are the Headings of Damages in Spinal Cord Injury Claims* ?
General Damages
Pain, suffering, and other types of non-financial damages and/or emotional and physical injuries after the incident, plus how the injury has impacted your life.
Special Damages
These are very important in this type of claim as medical requirements are likely lengthy and medical costs present and future should be comprehensively calculated for you in your case with during the court process.
These can be expenses incurred because of the accident, for instance, earning losses (in case you become jobless), medical bills, loss of earnings in the future by remaining jobless for an extended period of time, future medical bills, plus any other additional travel expenses due to the injury, for example, traveling to and from the medical centre.
Legal time limits
The standard rule for personal injury cases is that the individual has 2 years for making a claim from the date of the accident. A claim must be registered within 2 years less one day from the incident date.
There is an exemption to the statute of limitations rule when a child has been injured.
In the case of a child, the date begins on their 18th birthday, which means that they have 2 years less one day for filing a claim from this day.
Frequently Asked Questions
What is a Personal Injury Claim* ?
If you have been injured as a result of the actions of someone else, you will have suffered what is termed a Tort, which is a civil wrong, and as an injured party you will have a right to initiate a personal injury* claim. In the law of negligence, what is termed the ‘neighbour principle’ was laid down in a case back in 1932 but the Judge in that case outlined the parameters of the duty of care in the following quote “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour’’.
How are personal injury claims* calculated ?
Personal Injury Claims are assessed by the Injuries Board with the guidance of the Book of Quantum and the Board will also consider the applicants out of pocket expense losses such as medical bills and earnings losses.
Damages in legal cases of this nature are divided into two groups, namely general damages and special damages.
Special damages can be loss of income, medical consultations, treatment fees, damage ie loss of car, car hire, medication, vehicle towing, travel, physiotherapy, damage to property, or other expenses incurred relevant to the accident.
General damages are calculated with respect to consideration of the pain and suffering sustained. The nature and duration of the injuries will be examined together with the effect on ones life.
Each personal injury claim* is dealt with on an individual basis, however, the Book of Quantum does provide guidelines regarding a potential range for compensation for a particular injury.
It is necessary to first identify the part of the body that has suffered the injury. There are six categories provided for in the book.
Next the severity of the injury will be assessed, from the minor range to the severe and then permanent.
It is necessary to assess then if there is one injury or multiple injuries.
Here is more information about the personal injury claims* process.
If you have been in an accident and wish to have a case assessment, Kieran Cleary and Roger Cleary are experienced Personal Injury Solicitors who can help with questions you may have regarding a personal injury case.
Contact details are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Cleary & Co. have many years of experience specialising in civil law personal injury cases and if we can help we will.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Cleary & Co. – Litigation Law Firm
If you have been in an accident and wish to have a case assessment, Kieran Cleary and Roger Cleary are experienced Personal Injury Solicitors who can help with questions you may have regarding a personal injury case.
Contact details are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Cleary & Co. have many years of experience specialising in civil law personal injury cases and if we can help we will.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Areas of Personal Injury Law
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We help people injured due to negligence* attain restitution to their pre-accident position, as much as is possible, for the pain, suffering & financial loss, by seeking damages from the negligent party on their behalf.