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Cervical Spine Injury Compensation Claim

How to Make a Cervical Spine Injury Compensation Claim

The purpose of this article is to provide you with important information about how you can make a cervical spine injury compensation claim, and to advise you of a number of actions which should be followed after an injury has been sustained to ensure your right to recover cervical spine accident compensation is not lost.
There are many factors that can influence whether a compensation claim for a cervical spine injury will be successful and, since no two cases are exactly alike, to receive individual advice about claiming for having injured the cervical spine in an accident for which you were not to blame, we strongly recommend discussing your case with a personal injury solicitor.

Obtaining compensation advice promptly after an accident can increase the probability of you being able to successfully claim compensation for a cervical spine injury. A solicitor will listen to the circumstances under which you sustained your injury and you will be advised if a claim is possible, in addition to being given specific instructions on the procedures which should be followed in order to make a claim for cervical spine injuries.

There Has to be Negligence in Order to Claim Compensation for a Cervical Spine Injury

In order for compensation for a cervical spine injury to be recovered, your injury must have been sustained as a direct result of the negligence of at least one third party. Furthermore, there must have been a duty of care owed to you and that duty of care must have been contravened for you to be eligible to make a cervical spine injury compensation claim.

If a third party was responsible for you having injured the cervical spine in an accident it should be possible to claim cervical spine accident compensation, provided that your injury could have been prevented if the third party in question had taken a reasonable amount of care to keep you safe and out of harm’s way.

It must also be possible to prove that your cervical spine injury was directly caused by third party negligence in order for a compensation claim for a cervical spine injury to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate a claim for cervical spine injuries there is a strong probability that you will be able to recover accident injury compensation.

How Much Cervical Spine Accident Compensation Can I Claim?

Compensation rates for having injured the cervical spine in an accident are not fixed, and will primarily be dictated by the severity of your injury and if any permanent disability has been suffered. The amount of cervical spine accident compensation that can be claimed will also depend on many other factors, such as your age, sex and general state of health at the time of the accident. If you have been in considerable pain, suffered substantial loss of amenity or have developed psychological issues as a result of the accident or injury, these must also be factored into your claim for cervical spine injuries.

A cervical spine injury compensation claim is not only concerned with providing recompense for pain and suffering, as it is also possible to be compensated for costs and expenses which have been – or will be – incurred as a result of an injury.

Compensation for a cervical spine injury can be claimed for medical expenses, the cost of surgery and rehabilitation, prescription costs, alternative transportation, loss of earnings and damage to personal property in an accident, in addition to other costs that were or will be necessitated by your injury.

In order to recover costs in a compensation claim for a cervical spine injury you must be able to provide proof of expenditure; so it is important that you retain receipts or invoices to submit with your claim.

How to Claim Compensation if Your Child Has Been Injured the Cervical Spine in an Accident

If your child has injured the cervical spine in an accident, a claim for compensation should be possible although your child is not permitted to take legal action personally until the age of consent has been reached. In the majority of cases, delaying a cervical spine injury compensation claim will affect the likelihood of success and it is usually advisable that a claim is filed more promptly.

In order for a compensation claim for a cervical spine injury to be made before the age of consent has been reached, an adult must make an application to the courts to become a ‘litigation friend’ on behalf of the child. Before a litigation friend can be accepted by the courts, financial responsibility for making a claim for cervical spine injuries must be accepted by the litigation friend and it must also be established that the cervical spine injury claim is being made in the best interests of the child.

If the case is successful, cervical spine accident compensation will be awarded to the child; although it would not be released by the courts until adulthood has been reached. An application can be made to a judge to release a proportion of compensation for a cervical spine injury to a parent or legal guardian to cover ongoing expenses such as the cost of medical treatment.

Statute of Limitations and Your Compensation Claim for a Cervical Spine Injury

There is a finite period of time in which a cervical spine injury compensation claim must be made which is stipulated by the Statute of Limitations. The Statute of Limitations for making a claim for cervical spine injuries in the UK is usually three years from the date of injury, although if you sustained your injury on an aeroplane or a ship you will only have two years to make a claim. If a child has injured the cervical spine in an accident, the same three year time limit applies although the start of the claims period is the child’s eighteenth birthday and not the date that the injury was sustained.

You may appear to have ample time to make a compensation claim for a cervical spine injury but it is important that you seek compensation advice from a personal injury solicitor as soon as possible. The investigation phase of your case can take some time to complete as a claim for cervical spine accident compensation must be thoroughly prepared, and time must be allowed for evidence of negligence to be collected and collated.

If your case is not commenced within the time frame dictated by the Statute of Limitations, your claim may be time barred and you will lose your legal right to recover compensation for a cervical spine injury.

Summary of Actions to Take in Order to Claim For Cervical Spine Injuries

You should speak with an independent personal injury solicitor to receive legal advice about recovering cervical spine accident compensation. Eligibility to recover compensation for a cervical spine injury will be assessed and you will be advised about the actions that should be taken next to start legal action against the negligent third party responsible for your injury.

It is important that you find out about the strength of your compensation claim for a cervical spine injury as well as the amount of compensation for having injured the cervical spine in an accident you should be entitled to recover, and an independent solicitor is in the best position to provide relevant legal advice relating to your case. When you have all the relevant information you should be able to make an informed decision about whether or not to make a cervical spine injury compensation claim to receive recompense for your cervical spine injury and to recover any costs you have incurred.

Making a claim for cervical spine injuries cannot turn back the clock, but it will ensure are not made to suffer financially for being injured in an accident for which you were not to blame.