Spinal Cord Injury Compensation Claims

With more than 30 years of experience in personal injury, the team here at McCarthy + Co Solicitors LLP has acted in many catastrophic injury claims, and we understand that the priority for most families is securing the care and financial security the injured person will need for the rest of their life.

Spinal cord injuries can happen in many ways. Where the injury was caused by another party’s fault, you may have grounds for a claim. Common causes include:

• road traffic accidents, which are the most common cause;
• falls at work or from a height;
• accidents during sport or recreation;
• being struck by a heavy or falling object; and
• medical negligence, such as a delayed diagnosis or a surgical error.

Every injury and every set of circumstances is different, so the best first step is to talk to us about what happened. Arrange a time to speak with a solicitor by completing our quick and confidential online form.

Understanding spinal cord injuries

A spinal cord injury disrupts the normal working of the spinal cord, and its effects depend on where along the spine the damage occurs and how severe it is. Injuries are described as complete, where all function below the injured area is lost, or incomplete, where some movement or sensation is preserved. Generally, the higher up the spine the injury occurs, the more extensive its effects.

• Injuries to the neck, the cervical region, can result in tetraplegia, also known as quadriplegia, which affects all four limbs.
• Injuries to the trunk, the thoracic region, can result in paraplegia, which affects the lower limbs, while the arms and hands are usually unaffected.
• Injuries to the lower back, the lumbar or sacral region, can affect the legs and hips, and bladder, bowel, and sexual function.

Medical treatment has advanced considerably, and recovery of at least some function is now common in incomplete injuries, although a complete injury generally results in little functional recovery below the level of damage. Treatment and rehabilitation usually involve a team of surgeons, physiotherapists, occupational therapists, nurses, and psychologists working together, often over a long period.

The cost of care and how compensation is assessed

The aim of compensation is to put the injured person, so far as money can, back in the position they would have been in had the injury not happened. It is made up of general damages, for the pain, suffering, and loss of enjoyment of life caused by the injury, and special damages, for the financial losses and needs arising from it. In a catastrophic spinal injury, the special damages are by far the larger part, and the total can run to several million euros. Recoverable losses include:

• loss of earnings, from the date of the accident to the end of the person’s expected working life;
• the cost of specialist medical treatment, care, and rehabilitation, both now and in the future;
• the cost of adapting the person’s home, or acquiring a suitable one, for example, where a wheelchair is needed;
• round-the-clock nursing care, where the injury is catastrophic; and
• specialist equipment, aids, and adapted vehicles.

Historically, all of this was provided as a single lump sum, even though it is very difficult to predict exactly what a lifetime of care will cost. Since the Civil Liability (Amendment) Act 2017, the courts can instead make a periodic payment order, or PPO, providing regular payments to cover future care and loss of earnings over the person’s lifetime, alongside a lump sum for other losses. This gives greater certainty that the money will be there for as long as it is needed.