It is an unfortunate fact that every day, we are at risk of suffering an injury. However, some injuries can be more severe than others, having a significant impact on our lives. This is particularly the case when dealing with brain, neck and spinal injuries. 

These three different parts of the body are immensely important to allow us to function: they contribute to our ability to move independently, and contain our personality and memories. If you have suffered a brain, spinal or neck injury because of an accident that was not your fault, you may be entitled to substantial financial compensation. When you instruct us, you will receive 100% of any compensation award - no strings attached.

Claiming for a Brain, Spinal or Neck Injury

Claims for injuries to the brain, spine or neck, fall under the Personal Injury rules in Scotland. These rules provide that in order to be entitled to compensation, certain criteria need to be met:

• It needs to be established that you were entitled to expect that you would not suffer injury as a result of someone else’s actions, i.e. they had a responsibility in law (called a ‘duty of care’) not to cause you to suffer a brain, spinal or neck injury;
• It must be proven that the person that your claim is against did not observe their duty of care; and
• It must be clear that the failure to observe the duty of care in the circumstances had a direct link to your injury.

Injuries to the brain, spine and neck can happen in any number of situations. However, it is particularly common for these injuries to be sustained as a result of a car crash. In those circumstances, road drivers owe a duty of care to other drivers not to cause them to suffer injury. Where this duty is not observed, any car crash that results in brain damage, whiplash or damage to the spine could become the subject of a claim for personal injury compensation.

Making the link between accident and injury

Owing to the importance that each body part – the brain, back and neck – has for everyone, the law treats them in a very special way in the context of personal injury claims. Where you suffer an injury that is reasonably foreseeable to be the result of someone else’s negligence, that person will be responsible for the injuries they have caused. However, there is a limitation on the extent of a defender’s liability. Their actions must have had a direct, contributory link to your injury, before they will be held responsible for it:

• In a road accident, where you suffered head trauma that resulted in brain injury, the defender will be held liable;
• Where you slip on an uneven surface, which results in your suffering whiplash, this can be the subject of a compensation claim; and
• If your back is put under significant strain as a result of someone else’s negligent conduct, which in turn develops into severe spinal damage, this could be actionable.

Significant injury and compensation

Owing to the important roles that the spine, neck and brain perform, the level of compensation that they can attract varies according to the severity of the injury suffered:

• Our brain houses our memories, our personality – everything that makes us human. An injury that is directly linked with severe brain damage will normally attract a higher level of financial compensation;
• The spine supports our movement, allowing us to walk and live independent lives. Damage that is clearly linked to someone’s negligence, which renders an individual paralysed or limits their independence, could also attract a significant award; and
• Our necks support our head, and house many important organs. As with brain and spinal injuries, the more significant the damage to the neck, the greater the level of financial compensation that can be sought.  
• The significance of an injury will be crucial in securing a high compensation payment. This is why it is important to provide as much detail as possible, concerning how an injury has impacted you and your life.

Making a claim for compensation

Personal Injury claims concerning some of the human body’s most important organs can be challenging, often requiring an expert knowledge of the law and skill in negotiation and strategy. We are personal injury solicitors who are often instructed to assist clients in securing compensation for injuries suffered to their brain, back or spine, resulting from someone else’s negligence. Contact us now on 08082789437 and find out how we can help you get the compensation you deserve.

The evidence for making a claim

Claims for financial compensation for injuries sustained to the back, neck or brain are incredibly complex. The strength of any personal injury claim, not least those concerning these three important parts of the body, depends almost entirely on the quality of supporting evidence.

If you believe that you have suffered an injury that was not your fault, you should be prepared to recount the circumstances surrounding your injury very carefully. Before a court will even consider making an award for financial compensation for an injury sustained to your back, brain or spine, it will need to be told:

• What the details of your injuries are – the court needs to know what the extent of your injuries are, i.e. how severe your brain or spinal damage is. This will normally be supported by expert medical evidence.
• Timeline of events surrounding your injury – there must be sufficient clarity on events surrounding your injury, i.e. time, place, date etc.
• Parties involved in the accident - the court will need to be sure that the correct people are involved in the case, and that no administrative errors have been made in bringing legal action against the wrong person.
• The impact of your injury on your everyday life – there will need to be some information on how significant your injury has been, and how significant an impact it has had on your life.

Expert attention

It is not uncommon that claims concerning injuries suffered to a person’s back, spine or neck are treated as being identical. This is not an approach that should be taken in dealing with these kinds of cases. Each different part of the body is distinct, and performs its own essential function. As a result, claims concerning their suspected injury owing to an individual’s negligence, should be handled by expert personal injury lawyers.

Contact our Medical Negligence Solicitors

We provide assistance in respect of medical negligence claims across Scotland, including Edinburgh, Glasgow, Aberdeen and Fife. Contact us now by filling in our online form or call us on 08082789437