In this guide, we’ll be looking at when you could be eligible to make a spinal injury claim in Scotland and the process involved in doing so. There are certain eligibility requirements that need to be met in order to put forward a personal injury claim. You will find more information on these as you move through our guide.

Additionally, this guide will discuss the different third parties that owe you a duty of care, including road users, employers and occupiers, and how a breach of this could lead to someone sustaining a spinal injury in an accident on the road, at work or in a public space.

Later, we’ll be discussing some of the compensation brackets that you could be eligible to receive following a successful claim. 

Finally, you can find information on the benefits of working with a No Win No Fee solicitor from our panel as well as the ways they can help you through the claims process.

For more information, you can get in touch with an advisor via the following contact details:

• Contact us online
• Call the number at the top of the page
• Talk with an advisor via the live support bubble

Choose A Section

1. When Can You Make A Spinal Injury Claim In Scotland?
2. Evidence That Could Help Support Personal Injury Claims
3. What Compensation Could You Receive From Spinal Injury Claims?
4. What Is The Time Limit To Start A Spinal Injury Claim In Scotland?
5. Use Our Panel Of No Win No Fee Solicitors To Make A Back Injury Claim
6. Learn More About Making A Spinal Injury Claim In Scotland

When Can You Make A Spinal Injury Claim In Scotland?

In order to make personal injury claim, you’ll have to prove that a third party:

1. Owed you a duty of care,
2. Breached their duty of care,
3. Caused you to sustain physical or psychological harm as a result. This is negligence.

There are several third parties who owe you a duty of care, including employers, occupiers and road users. We have explored the responsibilities they have towards your health and safety in more detail throughout the following sections.

Road Traffic Accidents

Road users have a duty of care to ensure that they are navigating the roads in a way that prevents themselves and other road users becoming harmed. This is set out in The Road Traffic Act 1988. Additionally, road users can find guidance on the different responsibilities they each have in The Highway Code.

A failure to adhere to their duty of care could lead to a road traffic accident. Below are examples of how this could cause a spinal injury:

1. A driver may fail to check for any pedestrians whilst reversing. As a result, they may knock over a pedestrian and cause them to sustain damage to their spinal cord.
2. A driver may operate their vehicle under the influence of drugs and/or alcohol. This could result in the driver crashing into a motorcyclist at a junction.

Accidents At Work

Employers owe their employees a duty of care as laid out in The Health and Safety at Work etc. Act 1974. This means that they need to take reasonable steps to ensure the safety of the workplace, environment, equipment and facilities to prevent injury to employees.

Examples of how an employer breaching their duty of care could lead to a spinal injury include:

1. An employer failing to carry out a maintenance check on equipment which results in an employee falling from a defective ladder and sustaining a back injury.
2. An employer failing to provide sufficient manual handling training to their employee resulting in them sustaining a soft tissue injury to the back and spine.

For information on accident at work claims in Scotland, contact us by using the information provided at the top of this page.

Accidents In A Public Place

Occupiers of a public space have a duty of care to members of the public. They need to ensure the reasonable safety to those who use the space for it’s intended purpose. This is outlined in The Occupiers’ Liability (Scotland) Act 1960. 

Examples of how the party in control of a public space could breach their duty of care causing an accident include:

1. There is a failure to provide regular checks on the safety of the premises inside a restaurant. This results in a member of the public sustaining a back injury in a fall from height due to a faulty handrail.
2. A failure to mark a surface as wet in a sufficient time frame causes a member of the public to slip, trip or fall in a supermarket.

For more information on when you could be eligible to begin a spinal injury claim in Scotland following an accident at work, on the road or in public, get in touch using the contact details provided above.

Evidence That Could Help Support Personal Injury Claims

In order to make a personal injury claim, you would need evidence to prove that your injury was caused by a third-party breaching their duty of care. The types of evidence that you could use to prove this can include:

• CCTV footage of the accident
• A diary of your treatment and symptoms
• Copies of your medical records
• Photographs of your injury and the accident site
• The contact details of any witnesses to be called upon later.

If you’re struggling to gather evidence, one of the solicitors from our panel could assist you in building your spinal injury claim. To find out whether you could work with them and learn about the services they offer, get in touch on the number above.

What Compensation Could You Receive From Spinal Injury Claims?

Following a successful claim, you’ll be eligible to receive compensation for the pain and suffering caused by your injuries. This is awarded under the general damages head of claim. When calculating the value of your injuries, consideration will be given to the overall impact on your quality of life as well as how you have been affected emotionally and physically.

Solicitors can use medical evidence and the guideline award brackets from the Judicial College Guidelines from Judiciary UK to help them assign a value to the general damages portion of your claim. 

We have included these in the table below. However, please note that the figures are not a guarantee as each case is valued based on it’s specific circumstances.

Injury Type	Level Of Severity	Guideline Compensation Brackets	Notes
Back Injuries	(a) Severe (i)	£91,090 to £160,980	A back injury involving damaged spinal cord and nerve roots causing very serious consequences, including severe pain and disability.
Back Injuries	(a) Severe (ii)	£74,160 to £88,430	Cases in this bracket have special features, such as damaged nerve roots with associated loss of sensation, impaired mobility and impaired organ function.
Back Injuries	(a) Severe (iii)	£38,780 to £69,730	Disc lesions and fractures, vertebral body fractures and soft tissue injuries are included in this bracket.
Back Injuries	(b) Moderate (i)	£27,760 to £38,780	There are a variety of injuries included in this bracket, including a compression or crush fracture of the lumbar vertebrae causing a substantial risk of osteoarthritis and persistent pain and discomfort.
Back Injuries	(b) Moderate (ii)	£12,510 to £27,760	Injuries, such as ligament and muscle disturbance causing backache, are included in this bracket.
Back Injuries	(c) Minor (i)	£7,890 to £12,510	This bracket includes sprains, strains and disc prolapses as well as soft tissue injuries where a full recovery has happened without surgery within 2-5 years.
Paralysis	(a) Tetraplegia	£324,600 to £403,990	Factors such as the person's age and degree of independence will be considered when determining the award.
Paralysis	(b) Paraplegia	£219,070 to £284,260	Factors such as the presence and extent of pain, age and life expectancy will be considered when determining the award.

Special Damages in A Spinal Cord Injury Claim

Special damages are the second head of claim that you could be eligible to receive following a successful claim. This head of claim aims to reimburse you for any financial losses that you have experienced as a result of your injuries. This can cover the following costs:

• Travel expenses
• Cost of care
• Loss of earnings
• Cost of renovations to a home
• Medication costs

You’ll have to provide evidence of these losses in order to claim them back. As such, it can help to keep a record of any financial losses via bank statements, invoices, payslips and receipts. 

For information on the compensation that could be awarded following a successful spinal injury claim in Scotland, get in touch using the number above.

What Is The Time Limit To Start A Spinal Injury Claim In Scotland?

The standard time limit to begin a personal injury claim is three years from the date of the accident. This is outlined in the Prescription and Limitation (Scotland) Act 1973.

However, there are some exceptions that could apply. For example, if the person is under the age of 16, the three years will begin from the date of their 16th birthday. 

To learn more about the exceptions that could apply to your specific case, get in touch on the number above.

Use Our Panel Of No Win No Fee Solicitors To Make A Back Injury Claim

The No Win No Fee solicitors from our panel offer several services. For example, they could:

• Help you gather evidence to support your claim
• Provide guidance on complex legal jargon
• Put forward your claim in full within the limitation period
• Keep you updated on your case 
• Value your claim 

They may be able to offer you these services via a Conditional Fee Agreement. This is a contract between you and your solicitor that can mean there are no fees to pay for your solicitor’s work upfront, as your claim proceeds or if your claim has an unsuccessful outcome.

If your claim succeeds, you will pay your solicitor a success fee from your compensation. This is taken as a percentage. However, the Conditional Fee Agreements Order 2013 places a restriction on how much they are allowed to take. 

You can use the following contact information to discuss this type of contract further with our team of advisors. They can assess whether you’re eligible to have a solicitor from our panel work on your case. If you are, they may assign a solicitor to your claim. 

Alternatively, they can answer any other questions you may have about making a spinal injury claim in Scotland. For more information, you can:

• Discuss your claim online
• Call the number at the top of the page
• Talk with an advisor via the live support bubble

Learn More About Making A Spinal Injury Claim In Scotland

For more of our helpful guides:

• Self-Employed Accident At Work Guide
• A Guide To Claiming For Burns At Work

For more external resources:

• GOV – Statutory Sick Pay
• NHS – Urgent and emergency care services
• Health and Safety Executive – First aid at work

Thank you for reading this helpful guide on when you could be eligible to begin a spinal injury claim in Scotland and the process of doing so. If you have any other questions, please get in touch using the details provided above.

Writer Louis Poynter

Editor Meg Murial