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Ashbourne: 01 835 2027
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The spinal cord transports any communication that is sent from the brain to the rest of the human body. Depending on what nerve roots are affected and the exact location of trauma, the results can range from serious and chronic pain to paralysis and untreatable injuries. If you or a family member have suffered a spinal injury you may be eligible to pursue a claim.
The majority of spinal injuries will almost always result in the restriction of mobility or some form of paralysis. The exact location and severity of the damage are the two key factors that determine how severe the injury is. Different types of injuries include:
Cervical spinal injury is the area directly below the base of the skull where the spinal cord is attached to the brain. This injury is usually the result of a violent collision, such as a road traffic accident.
Thoracic spinal injury is the area between the head and abdomen. Injuries that occur in this region of the spine usually result in paraplegia. Paraplegia is the impairment of motor or sensory function of the lower limbs, such as the loss of motor control of the legs.
The Lumbosacral injury is the area covered by the lower back, abdomen and pelvic region. Spinal injuries* that occur in this region reduce the control of the hips, urinary system and legs.
Cauda equina syndrome is a condition where the nerves located at the base of the spinal cord become compressed, resulting in damage to the nerves controlling the bladder and bowel.
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You can suffer many different types of injuries from someone else’s negligence. These injuries can come in many different forms. From shoulder, arm and leg injuries to occupational and psychological injuries, Tallans Solicitors LLP is here to help you with your claim and through the entire process.
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury solicitor to help you with this.
When you decide you want to move forward with your injury claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the injury claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
The most important document needed to prove your injuries is your medical report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.
As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
Formally known as the Statute of Limitations, the legal time limit for a personal injury claim is usually two years less one day after the date of knowledge of the injury. In many cases, the date of knowledge will be the date the accident occurred. In some cases, a person may not realise their injury until some time after the accident and in such cases, the clock starts from that date. For children who have suffered an injury, the process works a little differently. A minor cannot bring a claim forward themselves. On their 18th birthday, the clock starts at their two year time limit to make their claim. Alternatively, a parent or legal guardian can bring the claim forward on behalf of the child immediately after the accident. This is generally a more favourable option. As making the claim sooner rather than later means that it is easier to source reliable evidence to strengthen the child’s case. Important to note is that once the application to the Injuries Board is submitted, the clock stops on the two year time limit while they assess the claim.
Injury Claim Assessment
Upon assessment of your claim, the Injuries Board will look at past personal injury cases and injuries similar to yours to determine how much compensation they will suggest. They do this by referring to the ‘Book of Quantum’. The Book of Quantum is a record of personal injury cases, specific injuries and how much they settled for.
Consideration of Injuries Board Offer
Having reviewed your claim, the Injuries Board will revert back to you with a suggested compensation amount. This would be then paid to you by the party at fault. You will then need to consider whether to agree to this or not. At this time, your solicitor will be able to advise you on the best route forward, but ultimately it will be your decision whether to accept this first offer or not.
There are two possible outcomes from this stage: a. Both you and the party at fault accept the Injuries Board suggested settlement amount. The party at fault would be then ordered to pay this amount to you. b. Either you or the party at fault does not accept the suggested settlement amount. Then you would move to issue court proceedings against the person at fault for your accident/injury.
Once a suggested award has come through, the person making the claim (the claimant) has 28 days to accept or reject the offer. The respondent (the person whom the claim is made against) has 21 days to accept or reject the offer made by the Injuries Board. It is important to note is that should the person making the claim fails to respond to the offer in 28 days, it will automatically be deemed to be rejected in the eyes of the Injuries Board.
Should both parties accept the award suggested by the Injuries Board, then the Injuries will issue an order to the person at fault to pay the settlement amount. Once this happens and the monies are paid over, the case is then deemed to be settled – full and final settlement, meaning that the person making the claim cannot return at a later date seeking further compensation.
If one of the parties involved rejects the settlement suggestion by the Injuries Board the case will move to the next stage of the process, i.e. legal proceedings to move the case to court for a judge to decide the outcome. At this stage, you will work with your solicitor and they will issue legal proceedings to move the case along.
The majority of personal injury cases will settle outside of court. The reality is that if you move past the Injuries Board stage to legal proceedings that you will not have to step foot into a courtroom. Before the hearing, settlement meetings may be arranged, meaning that you would meet with your legal team – Solicitor and Barrister – to start these talks. At the meetings, your legal team will communicate with the other side on your behalf, all the while keeping you up to date and informed of the progress and any updated settlement offers. Your legal team may come to an acceptable conclusion for you at these meetings if so, your case will then be concluded in full and final settlement there and then. If settlement talks do not result in an acceptable settlement amount, then your case will move to a court hearing where a Judge will make the final decision on your case.
In a personal injury case involving an accident where you have suffered an injury, property damage or another kind of loss, as the injured party you can seek to claim for those losses. The best way to do so is to speak with a personal injury solicitor about your case. The losses the injured party incurs are called ‘damages’.
The consequences of the same injury or illness will vary between individuals. So the amount of compensation you could receive will be personal to you. Our personal injury solicitors are experienced in accurately valuing claims based on your particular circumstances, to ensure you get the compensation you deserve.
General damages are classed as non-monetary losses, like physical pain and suffering or mental/physiological pain and suffering.
Special damages are out of pocket monetary expenses incurred as a result of the accident, usually comprised of things such as:
Learn more about Special Damages
Loss of Amenity refers to the effect on a person’s enjoyment or quality of life or to a person’s failure to carry out a task that they were once able to do. It illustrates the non-financial impact that a personal injury has on a person’s work, family and social life. Loss of amenity takes into consideration all resulting restrictions that the injury has forced on a person through no fault of their own.
Material damages refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
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In order for a solicitor to advise you on your accident and whether you may be entitled to make a claim, when bringing the claim to a solicitor, include all facts surrounding the accident. Even the facts that you may think are not as important. Also remember to include things like how the accident happened, what exactly you were doing at the time, who was involved and who witnessed the accident. The following pieces of information are important for you to bring with you, where possible when you start the claims process with your solicitor:
We draw on more than 130 years of experience in personal injury law to provide you with expert advice and legal services.
We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.
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