I recently suffered an extreme back injury at work and was offered a sum of compensation by my employerâ€™s insurance company. Should I accept it or pursue my own claim for a severed spinal cord?
It is difficult to value a claim for a severed spinal cord without knowing the extent of the injury. Nor can I advise you on accepting the aforementioned offer without knowing the sum offered to you in relation to the injuries you have sustained. However, it should be said that unsolicited offers of compensation from a defendantâ€™s insurance company often do not normally adequately reflect the severity of a personal injury. This is due to the fact that the insurance company will not have had to time to properly assess your injury; their offer is merely a rough estimate of what your injuries could be worth. The reason why they have offered you compensation is so that your claim can be settled promptly and subsequently they will be suffer less legal costs in the long run. Your best option at this point is to contact a personal injury solicitor with experience of dealing with a claim for a severed spinal cord. They will be able to advise you on the suitability of the compensation that has been offered.
As this injury occurred in the work place, employer negligence will have to be proven. It will have to be established that your employer conveyed a lack of care in the maintenance and safety of your work environment, for example, if your spinal cord injury was attributable to working with faulty equipment or a fall from a height on a broken ladder. Any form of contributory negligence will also be taken into consideration. This is when you may have contributed to the cause of your injury, for instance, if you had noticed that a piece of equipment you were working with was defective and you failed to report it. If it is established that you contributed to your injuries in any manner, this will be reflected by a reduction in your final settlement.
Also important when calculating your claim worth is the severity of your injury. Severed spinal cord injuries can be very serious, often resulting in paralysis, for which the final settlement value can be quite substantial. When the value of your claim is being calculated various factors will be taken into consideration, such as the seriousness of the spinal cord injury with regards to your general capacity of health before the accident occurred, and also your age and sex. The pain and suffering you endured during the accident and following it will be assessed. The impact your severed spinal cord has had on your life will be taken into account, as well as the costs incurred with regards to any potentially necessary renovations you have made to your house or changes you have to had to make to your life in general.
This is a general guide and should in no way be an alternative to professional advice. It is recommended that you consult a solicitor as soon as possible so that you may obtain your maximum entitlement for your claim for a severed spinal cord.