By Danielle Graves. Last updated 22nd May 2023. Sometimes the injuries we suffer in accidents can be life-changing. One of the most significantly impactful injuries you could suffer is paralysis. In this guide, we explore how you can make a paralysis injury claim. We also cover how to take legal action on behalf of a loved one.
Paralysis is a life-changing injury. If it was sustained because of the failings of another person or organisation (such as your employer), you could make a personal injury claim.
Below, we explain the criteria for making a claim and the potential compensation awards you could receive.
However, if you’d rather speak with someone and take action now, then get in touch.
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How to make a paralysis injury claim
Jump To A Section
- The Criteria For Making A Paralysis Injury Claim
- What Types Of Paralysis Injury Can You Claim For?
- What Types Of Accidents Can Cause Paralysis?
- How To Prove A Claim For Paralysis Compensation?
- What Can Personal Injury Compensation Include?
- Compensation Payouts In Paralysis Injury Claims
- Make A No Win No Fee Paralysis Injury Claim
- Helpful Resources And Links On Personal Injury Claims
The Criteria For Making A Paralysis Injury Claim
If you suffered an injury that caused paralysis, you may want to know whether you are eligible to make a claim for personal injury compensation.
To be eligible to make a paralysis injury claim, you must prove the following:
- You were owed a duty of care by a relevant third party.
- This party breached their duty of care.
- Due to this, you suffered an injury. A breach of duty of care that results in injury is known as negligence.
Later in this guide, we’ll look at different situations in which you are owed a duty of care.
If you are eligible to claim, you must start the process within the three-year limitation period. This typically starts from the day of the accident, as set by the Limitation Act 1980.
However, some exceptions are made to this time limit; such as:
- For those under the age of 18, the time limit is paused until their 18th birthday. Prior to this, a court-appointed litigation friend could claim for them. Once they turn 18, they will have three years to start a claim if one has not been made already.
- For those who lack the mental capacity to make a claim for themself, the time limit is indefinitely suspended. During this time, a litigation friend could claim on their behalf. However, if they regain this capacity and a claim was not made for them, they will have three years from the date of recovery to start one.
If you have any queries, please get in touch with our advisors for free legal advice. An advisor could help you start a claim today.
What Types Of Paralysis Injury Can You Claim For?
Paralysis can be either localised where a specific body part or area is affected such as the face or a foot for example. Or, paralysis may be generalised where larger areas of the body are affected.
There are four main types of paralysis:
- Monoplegia – This is where one limb is affected.
- Hemiplegia – This term is used when both one arm and one leg, both situated on the same side of the body, are affected.
- Paraplegia – When both of the legs are paralysed and sometimes also other areas of the lower body such as the pelvis.
- Quadriplegia – When both of the arms and the legs are paralysed.
People who have paraplegia, although will need the aid of a specialised wheelchair, can often live a fairly independent life in comparison to those who have quadriplegia who will need lots of help and support from carers just to do everyday things that we take for granted such as going to the toilet, or washing and dressing etc.
There are many reasons why someone may become paralysed such as a having amedical issue or being involved in an accident for example. The most common reasons for paralysis to occur are:
- Suffering from a stroke,
- Sustaining a head injury,
- Sustaining a spinal cord injuries commonly caused by falling from a height, sporting accidents, accidents whilst at work and road traffic accidents.
Some of the less common causes are multiple sclerosis and cancer.
What Types Of Accidents Can Cause Paralysis?
There’s a wide range of accidents and forms of negligence that could cause paralysis. Below, we discuss these different causes.
However, if you don’t see your own circumstances, or that of your loved one, then don’t worry. Get in touch to discuss your case on the number at the top of this page.
Car Accidents
The injuries sustained in car accidents can be significant and may contribute to the development of paralysis.
With vehicles travelling at such high speeds, the force with which they collide can send them hurtling, flipping them over or even crushing them. The person within the vehicle could suffer head injuries, neck injuries, brain damage or an injury to the spinal cord.
Slips, Trips And Falls
Ending up paralysed simply due to slipping or falling over does unfortunately happen and can be deeply distressing and very hard to accept, especially if it was due to someone else’s negligence. In cases like this, we believe it is crucial that you speak to a personal injury solicitor about making a paralysis injury claim.
Once you have spoken to a personal injury lawyer and all the facts have been discussed, you can then establish who was to blame. If you slipped and fell in a shop due to poor health and safety standards, then it would be the business owner to blame, or if you fell after tripping over on an uneven paving slab on a public path, then the council may be liable. Give Legal Helpline a call and they will be able to help you determine whose responsibility it is to pay you compensation for your injury. What’s more, our team are experienced in paralysis injury claims and can advise you free of charge.
Accidents In Work
All employers have a legal and moral obligation to provide a safe working environment for their staff. The Health and Safety at Work etc Act 1974 sets out the regulations employers are expected to follow which will include things like carrying out risk assessments, having adequate health and safety policies and procedures in place and providing sufficient training to employees to ensure they are followed. It is a legal requirement that employers follow these guidelines and if they are negligent in their duty of care, then they can be held responsible for any accidents causing injury that may happen as a result.
There are many ways in which an employer may have been negligent in their duty of care to provide a safe environment for their employees, such as:
- Failing to sufficiently train their staff for the tasks they are set
- Failing to regularly maintain equipment and machinery or tending to any sort of maintenance issues
- Having insufficient health and safety procedures in place
If you have had an accident whilst at work that wasn’t your fault and has resulted in you becoming paralysed, you may be able to make paralysis injury claims against your employer. However, this is providing that they are found to have been negligent in their duty of care to you.
Unfortunately, many people who suffer an injury whilst at work, especially if they go on to make a full recovery, worry that if they sue their employer then they may lose their job or damage their chances of any sort of promotion, and so put off making a compensation claim. However, this is really nothing to worry about. All employers are legally required to have insurance that will cover any claim brought against them and would find themselves in a lot of trouble if they penalised an employee for rightfully suing them for damages.
If you have been injured at work and it wasn’t your fault, then you have every right to make a compensation claim against your employer. After all, why should they get away with causing you pain, suffering and financial pressures? Contact Legal Helpline today and we can give you more clarity on your rights as an employee and whether you have a legitimate reason to make a compensation for paralysis claim.
Medical Negligence
No one receiving medical treatment expects to have dire complications that leave them paralysed. Becoming injured through medical negligence can be extremely distressing and often the victim will suffer mental side effects as well as the physical side effects they have been left with. Legal Helpline has dealt with many medical negligence compensation claims cases over the years and so has heaps of experience and can help you to get the maximum compensation amount you deserve.
There are numerous ways in which someone could become paralysed after receiving some sort of medical treatment, a couple of examples are:
- Paralysis due to an epidural in childbirth: Epidurals during childbirth are very common. Some mothers choose to have an epidural procedure as they can no longer cope with the pain, particularly if the labour has been going on for a long time. Other mothers need an epidural due to medical reasons, either pre-planned or as an emergency. Regardless of the reason you needed an epidural, if you have been left paralysed from the waist down since the procedure, then you may be entitled to compensation.
- Bell’s Palsy is a condition where there is temporary paralysis or muscle weakness on one side of the face. If you have suffered a facial paralysis such as Bell’s Palsy, and you believe it was the result of medical negligence, you may be able to make a paralysis injury claim.
For any suspected medical negligence injuries, don’t hesitate to contact us at Legal Helpline about paralysis injury claims and the like.
Accidents Abroad
Paralysis injury claims for accidents abroad can often be a little more complex, as liability first needs to be established. This isn’t always necessarily as straightforward as we’d like. For example, depending on where and how the accident happened, liability may fall on the travel company that your holiday was booked with. Alternatively, the responsibility could lie with persons independent of the travel company, such as a local restaurant owner or a coach company, for example.
Legal Helpline has successfully dealt with lots of compensation claims for accidents abroad and by using us as your claims firm, you can be assured that with our experience and expertise, your claim has a high chance of being successful.
How To Prove A Claim For Paralysis Compensation
Sustaining an injury that leaves you paralysed will have an enormous impact on your life and could leave you financially vulnerable and so it is really important that you claim for compensation if it wasn’t your fault. If a loved one has been paralysed and is unable to make a claim themselves, you can do this on their behalf.
In order to make a successful claim, liability needs to be proven and so any evidence that you can gather will help to strengthen your case. Any photos or footage, such as CCTV footage, of where the incident causing injury took place or of it actually happening will be a great help. Acquiring a copy of your medical record stating your injury and treatment details is a good idea also. If there are any witnesses, try to get their contact details so that a witness statement may be taken at a later date if needed. Also, be sure to get the contact details of those you feel are responsible for your injury.
Depending on your circumstances, it may be understandably hard for you to gather any evidence at all, so try to at least make a note of any details you remember. Give Legal Helpline a call for help and advice and if you’d like us to act on your behalf, we can set about working behind the scenes gathering all the evidence we can to prove who is responsible for your injury.
What Can Personal Injury Compensation Include?
There are many things to consider and include when making paralysis injury claims. Being paralysed will affect all areas of your life and apart from the physical aspect of your injury and any mental trauma, any costs you have incurred in direct relation to your injury should be included in your claim as well. Things to include are:
- General Damages – These relate to your actual injury itself and the pain and suffering you have endured. Mental trauma will also be included in this section.
- Medical Expenses – Any costs incurred as a direct result of your injury should be included.
- Travel Expenses – Include any travel costs such as travel to hospital appointments etc. Also though, if you have needed any vehicle adaptions to be made then you can include these costs too. The purchase of a specialised disabled car can also be included.
- Care Claim – If you have needed help around the home, the person caring for you can file a claim too.
- Loss of Income – Any income lost or future potential income needs to be accounted for.
- Household modifications:
- Widening doorways.
- Installing disabled bathroom facilities.
- Replacing carpet flooring with vinyl, tile or wood or flooring that is easier for wheelchair use.
- Kitchen alterations that need doing to make it usable by a wheelchair-bound or disabled person.
- Installing a stair lift.
- Redoing driveways or pathways to make them more wheelchair accessible. Also installing ramps rather than steps.
- Wheelchair
- Disability aids
- Hospital style bed
- Commode
Compensation Payouts In Paralysis Injury Claims
Following a successful claim, your personal injury compensation may consist of general and special damages.
General damages compensate for your physical pain and mental suffering caused by your injury. To help assign value to your paralysis injury claim, legal professionals may refer to the Judicial College Guidelines (JCG). This document provides a list of compensation guideline figures for different types of injuries.
In our table below, we’ve included some figures from the 16th edition of the JCG.
Please only use this table as a guide.
| Reason for Compensation | Average Amount Awarded | Comments |
|---|---|---|
| Very severe brain damage | £282,010 to £403,990 | The award considers the levels of insight, life expectancy, physical limitations, sensory impairments, communication abilities, behaviour problems and whether epilepsy is present. |
| Moderately severe brain damage | £219,070 to £282,010 | The claimant will be very seriously disabled with substantial dependence. The award considers level of insight, life expectancy, physical limitations and deterioration, degree of dependence, communication abilities, behaviour problems and whether epilepsy poses a significant risk. |
| Quadriplegia | £324,600 to £403,990 | The top end of the payment bracket will be awarded to those whose senses are also affected and significant brain damage has also occurred. On-going physical pain. |
| Paraplegia | £219,070 to £284,260 | The amount awarded will be dependent on the severity, the level of pain experienced, life expectancy and level of independence. |
| Severe Back Injuries associated with paralysis. | £91,090 to £160,980 | Back injuries resulting in paralysis. The higher amount will be awarded to the most severe injury. |
| Severe Neck Injuries associated with paralysis. | In the region of £148,330 | Neck injuries resulting in paralysis. The higher amount will be awarded to the most severe injury. |
If you would like a free evaluation of your claim, please get in touch with one of the advisors on our team using the details at the top of the page.
Make A No Win No Fee Paralysis Injury Claim Today
Legal Helpline work on a No Win No Fee basis which we feel is one of the best features of our service. This simply means that if your case is unsuccessful, you are not expected to pay any fees at all. If we win however, then our fee will be paid as a small percentage of your awarded amount when it is paid out, therefore, not having any negative effects on your current finances.
With no win no fee, there is no gamble. Also, the fact that our payment solely relies on us winning your case also guarantees that we will not dither and will do our best to get the highest amount of compensation for your paralysis injury claims as soon as possible.
Call Legal Helpline Today
Call Legal Helpline on 0333 000 0729 for a free, no-obligation chat regarding paralysis injury claims.
A member of our team will be happy to help and give any appropriate advice necessary.
Helpful Resources On Personal Injury Claims
Below, you can find more useful links and resources on claiming personal injury compensation, as well as on paralysis generally.
- Road accident claims – How to claim compensation if you have suffered paralysis from a road traffic accident.
- Accident at work claim – How to claim compensation if you have suffered paralysis because of an accident at work.
- NHS guide to paralysis – This NHS website contains lots of helpful information regarding paralysis.
- Stroke.Org – The Stroke Association’s website that offers information on stroke-related paralysis.
- Child Injury Claims – if your child has suffered a paralysis injury, this guide offers advice on what to do to make a claim on their behalf.
- This case study on what may happen if a cyclist is hit by a car offers useful advice, especially if you’ve suffered a paralysis injury.
