Spinal injury solicitors are lawyers who pursue compensation on behalf of people who have sustained damage to the spinal cord, including paralysis, following an accident caused by someone else’s negligence. Emaari Legal acts for claimants and bereaved families across England and Wales, and can send a solicitor to visit within 24 hours of being instructed, at home or in hospital.
A spinal cord injury occurs when trauma damages the bundle of nerves running through the spine, disrupting the signals between the brain and the rest of the body. Depending on where the damage occurs and its severity, this can cause partial or complete loss of movement and sensation below the injury site, known as paraplegia (affecting the legs and lower body) or tetraplegia (affecting all four limbs).
What is a spinal injury solicitor and what do they do?
A spinal injury solicitor investigates how the injury happened, establishes whether a defendant was negligent, and builds a case to recover compensation for the pain, financial loss and future care needs the injury causes.
This work typically involves:
- Obtaining medical records and instructing independent medical experts to assess the injury and prognosis.
- Identifying every head of loss, from care and equipment to lost earnings and home adaptations.
- Pursuing interim payments from the defendant’s insurer so rehabilitation, equipment or housing changes do not have to wait until the claim concludes.
- Liaising with case managers, occupational therapists and rehabilitation providers.
- Negotiating settlement or, where necessary, issuing court proceedings in the County Court or High Court.
Spinal cord injury claims commonly arise from serious road traffic collisions, falls from height, accidents at work involving machinery or manual handling, and other incidents of serious slip, trip and fall. Where the injury results from a violent assault rather than an accident, a claim may instead fall under the Criminal Injuries Compensation Authority (CICA) scheme, which has its own two-year time limit.
How much compensation for a spinal injury?
Spinal cord injury compensation is calculated under two heads of loss: general damages for the pain, suffering and loss of amenity the injury causes, and special damages for the financial losses it produces. There is no fixed tariff; each claim is valued individually according to the severity of the injury, its effect on the claimant’s life, and the evidence gathered.
General damages are assessed with reference to the Judicial College Guidelines, which set out bands of award according to the level and completeness of the spinal injury, the degree of paralysis, and factors such as pain, loss of independence, and psychological impact. Cases of this kind can be worth substantially more than less severe injury claims, because the guidelines reflect the lifelong nature of a serious spinal cord injury.
Special damages cover the financial consequences of the injury, which for a spinal cord injury often include:
| Head of special damage | What it can cover |
|---|---|
| Loss of earnings | Past and future income lost because the claimant can no longer work, or can only work in a reduced capacity |
| Care and assistance | Professional or family-provided care, both immediate and lifelong |
| Rehabilitation | Physiotherapy, occupational therapy, psychological support and case management |
| Equipment | Wheelchairs, mobility aids, pressure-relief equipment and specialist vehicles |
| Home adaptations | Ramps, hoists, widened doorways, adapted bathrooms or a move to suitable accommodation |
| Medical treatment | Private medical costs, including surgery or ongoing specialist review |
Because a spinal cord injury frequently causes permanent tetraplegia or paraplegia, special damages can form the largest part of the claim, particularly where lifetime care and continual equipment replacement are required. No figure can be promised for any individual case: value depends entirely on medical evidence and the claimant’s specific circumstances. A free consultation with Emaari Legal allows a claimant or family member to discuss the injury and understand, in general terms, how a claim of this kind is approached.
Where a spinal cord injury leaves a claimant unable to manage their own affairs, the claim can also involve the Court of Protection, which appoints a deputy to manage the compensation award and the decisions that follow it. Long-term care funding can overlap with NHS Continuing Healthcare, and which part the health service funds and which part the claim must cover is worked through with the medical evidence. Alongside the legal process, the Spinal Injuries Association provides practical support and guidance for people living with spinal cord injury and for their families.
Future financial losses, such as lifelong care or lost earnings, are calculated with the actuarial Ogden Tables, and any state benefits recoupable under the Compensation Recovery Unit rules are accounted for before payment. Where the spinal injury happened at work, liability is assessed against the duties enforced by the Health and Safety Executive.
How is a paralysis compensation claim different?
A paralysis compensation claim follows the same legal process as any spinal cord injury claim but usually requires a more detailed assessment of long-term needs, because paralysis is typically permanent and its impact touches every area of daily life.
Solicitors handling a paralysis claim need to consider:
- Whether the paralysis is complete or incomplete, and at what vertebral level the injury occurred.
- The claimant’s age and life expectancy, which affects the value of future loss of earnings and care.
- Whether the claimant requires 24-hour care, and whether that care should be provided by family members, professional carers, or both.
- The claimant’s housing situation and whether adaptation or relocation is required.
- Related psychological injury, which is itself a recognised, compensatable head of damage.
Where paralysis results from serious harm at work, in a road traffic collision, or in a fall, the claim proceeds against whichever party’s negligence caused the injury: an employer, a driver, an occupier of premises, or another responsible party. Where the paralysis follows a brain injury sustained in the same incident, the claim may need to address both injuries; readers dealing with a combined injury should also see our page on brain and head injury claims. Where the trauma has additionally resulted in the loss of a limb, a related claim may need to reflect that too, and further detail is available on amputation and limb loss claims.
The claim follows the Civil Procedure Rules’ Pre-Action Protocol for personal injury: a letter of claim, the insurer’s response period, and evidence exchange before any court step.
How long do I have to make a spinal cord injury claim?
The time limit for a spinal cord injury claim is generally three years from the date of the accident, or from the date the claimant became aware the injury was caused by someone else’s negligence, under the Limitation Act 1980. This deadline applies to most adult claimants but has important exceptions.
- Children: the three-year limit does not begin to run until the child turns 18, though a claim can be brought on their behalf at any earlier point.
- Claimants lacking mental capacity: the time limit may not run at all while the claimant lacks capacity, which is common where a spinal injury is accompanied by a severe brain injury.
- Fatal cases: a claim brought after death is generally subject to its own three-year period, running from the date of death or of knowledge, rather than the date of the original accident.
- CICA claims: where compensation is sought from the Criminal Injuries Compensation Authority following an assault, the time limit is two years, not three.
Missing the relevant deadline can prevent a claim from proceeding at all, so early advice matters. Given the scale of evidence needed for a spinal cord injury claim, including detailed medical and rehabilitation assessments, starting the process well before any deadline gives a solicitor time to build the strongest possible case.
What funding options are available for a spinal injury claim?
Spinal cord injury claims at Emaari Legal are funded through a no win, no fee arrangement, known formally as a Conditional Fee Agreement. This structure lets a seriously injured claimant or bereaved family pursue a claim without paying legal fees upfront.
A Conditional Fee Agreement links the solicitor’s fee to the outcome of the claim, and is set out in full before work begins, so the claimant understands exactly how it applies to their case. Funding should never be a reason to delay seeking advice after a spinal cord injury: the sooner a claim is investigated, the sooner interim payments can potentially be secured to pay for urgent rehabilitation, equipment or care.
Where to go next after a spinal cord injury
The most useful first step after a spinal cord injury is a free consultation, where a solicitor can listen to what happened, explain how the claims process works, and advise on the time limit that applies. Because a spinal cord injury often means the claimant is in hospital or unable to travel, Emaari Legal will arrange for a solicitor to visit within 24 hours of being asked, at home or on the ward, so the claim can begin without adding to the family’s burden.
During that first conversation, it helps to have to hand:
- Details of how and where the accident happened.
- Any medical records or hospital details already available.
- Contact details for witnesses, if there were any.
- Details of the other party involved, such as a driver, employer or occupier, where known.
None of this needs to be complete before making contact. The purpose of the free consultation is to establish whether there is a claim to investigate, not to test the claimant’s paperwork.
The firm’s wider serious-injury practice is described on the serious injury claims page.
Frequently Asked Questions
Can I claim compensation if I am partially paralysed rather than fully paralysed?
Yes. A claim can be brought for any degree of spinal cord injury, complete or incomplete, provided negligence caused the accident. The Judicial College Guidelines recognise different bands of award depending on how much movement and sensation the injury leaves the claimant with.
Who can bring a spinal cord injury claim on behalf of someone else?
A parent or guardian can claim on behalf of an injured child, and a court-appointed deputy or family member can act as litigation friend for an adult who lacks mental capacity to manage their own claim, often the case where a spinal injury is combined with a serious brain injury.
Will a spinal cord injury claim go to court?
Most spinal cord injury claims are settled through negotiation with the defendant’s insurer without a final court hearing, though proceedings may still be issued in the County Court or High Court to keep the claim moving or protect the limitation deadline. A solicitor advises on the likely route once the medical evidence and liability position are clearer.
What happens if the person responsible for my spinal injury cannot be traced or was uninsured?
A claim may still be possible through the Motor Insurers’ Bureau where the accident involved an uninsured or untraced driver, or through the CICA scheme where the injury resulted from a criminal assault. A solicitor can advise which route applies once the circumstances of the accident are known.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Request your free consultation with a spinal injury solicitor today.
“No win, no fee” means we act under a conditional fee agreement: if your claim does not succeed you do not pay our fees, subject to the agreement’s terms. If your claim succeeds, a success fee is deducted from your compensation, capped by law at 25% of the damages awarded for your pain, suffering and past losses, and you may be liable for certain costs in some circumstances. We explain the full terms, including any insurance you may need, before you sign anything.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).