Spinal Injury Claims Solicitors | Belfast & Northern Ireland

You have three years to begin legal action in a spinal injury claim. The time limit usually begins from the time of your accident, but it can commence on a later date if you are not immediately aware of your injuries. For example, you were unconscious in hospital for a period of time.

Spinal injury claims for minors

If you were injured as a child, the three year time limit begins on your 18th birthday.

Issuing proceedings

Many believe they have three years to instruct a solicitor but this is incorrect. You must issue proceedings prior to the three year time limit running out so it is important to seek legal advice well in advance. If you fail in this, your case will very likely get statute-barred, preventing you from claiming.

Expired limitation periods

In some specific circumstances, a Judge does have discretion to permit a claim after the limitation period has expired. You should therefore obtain specialist legal advice even if three years have passed since you were injured.

The length of time varies from case to case. We typically find that the length of time it takes to bring a case from instruction to settlement or hearing is intrinsic with the complexities of a case. In most instances, a straightforward case will conclude quicker than a complex case.

It can take several years

Spinal injury cases tend to be complex and can take several years to conclude. This is due to the severity of the injuries sustained and the number of reports required to progress the case. In instances where the injuries are life-changing, it is important that a spinal injury solicitor takes a variety of things into account to ensure the best standard of living for the injured person. Your solicitor would build a team of expert consultants to consider all areas of a person’s life, ranging from employment and medical care to their home and transportation costs. This takes time but it is important to get right.

Personal injury claim delays

Whether the defendant accepts or denies liability will also factor in how long it can take. In some rare instances, the defendant’s insurer or solicitor can cause avoidable delays. For example, they may fail to respond to letters in a timely manner. We have the expertise and experience to mitigate against such delays should they occur.

The length of time required to conclude a spinal injury case is also subject to court availability should the case be required to proceed to a hearing. This is particularly amplified when the courts are experiencing a backlog.

We are spinal injury specialists

Our solicitors have a reputation for progressing serious injury claims quickly and ensuring any unnecessary delays are avoided.

The amount of compensation is linked to the injuries sustained and the amount of time that was required for you to recover. It is not uncommon for those with serious spinal injuries to receive several million pounds in compensation.

Brackets of personal injury compensation

We get an idea of how much compensation our personal injury clients are entitled to by referring to the Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland from The Judicial Studies Board for Northern Ireland. This is also known as “The Green Book”. It provides brackets of compensation for all injuries ranging from soft tissue injuries to serious and lifechanging injuries such as spinal injuries leading to paralysis.

It is important to note that The Green Book is a guide. There are lots of other factors that may be factored in that could impact the level of compensation. This depends on your unique set of circumstances and how the injury was sustained.

General damages and special damages

The guide also only refers to general damages. This is the compensation that you’re entitled to for the pain and suffering caused by your spinal injuries. You may also be entitled to special damages. These are designed to compensate you for things like your loss of earnings, damage to your property and even opportunities you missed.

You may still be able to make a claim for compensation when you are partly liable for the circumstances surrounding how your spine was injured. This is called contributory negligence.

Contributory negligence

If the spinal injury claim is successful, the amount paid to you in damages would be reduced in line with how responsible you were. For example, if it could be determined that you were 20% responsible, you would receive 20% less in compensation than you would have got had the defendant been entirely responsible.

Always speak to a spinal injury solicitor

It should be noted that sometimes people think they were responsible or partly responsible for an accident when the facts of the matter would suggest otherwise. You should always seek independent legal advice from a personal injury solicitor before conceding liability.

We offer a free initial consultation that allows us to establish if you have a viable personal injury claim or not.

The losing party pays

In personal injury litigation, the normal rule is that the losing party pays the legal costs of the winning party. This is also what usually happens when a case is settled outside of court, even if it settled without admission of liability. If a case proceeds to court, the courts can usually be expected to order the loser to pay the winner’s legal costs. This typically means that there is no cost to you when pursuing personal injury compensation.

No win no fee in Northern Ireland

The payment structures in Northern Ireland differ from conditional fee arrangements. The Law Society of Northern Ireland, our governing body, does not permit its members to operate using conditional fee agreements, more commonly referred to as no win no fee arrangements. You can learn more about why this is so and what alternatives exist at No Win No Fee Northern Ireland.

Interim payments

In instances where liability is not contested by the defending party, we can seek out interim payments. This is a payment or series of payments made prior to the conclusion of a case. They are designed to go towards a spinal injured person’s medical care, lost earnings and other related costs.

Legal Aid and legal expenses insurance

We may be able to apply for Legal Aid on your behalf. Or we might be able to secure After The Event (ATE) legal expenses insurance which means you only pay a small premium should the claim be unsuccessful. However, most of the time, our expert personal injury solicitors can predict the outcome of a case with great accuracy and advise you accordingly. Your solicitor would provide you with a range of options and ensure you fully understand each of them.

No hidden fees

There are no hidden fees or unexpected bills during any part of the McCartan Turkington Breen client journey.