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Introduction
Following a Spinal Injury, there is often uncertainty about where to start with making a claim.
In our Guide, we set out a step-by-step process of what is actually involved in making a Spinal Injury claim and outline the relevant timeframes.
What Causes Spinal Injuries?
Spinal Injuries are sometimes caused by physical impact to your body that results in damage to the back or neck, which can be life changing.
Some of the main causes of spinal injuries include:
Road traffic collisions
Workplace accidents
Accidents abroad
Slips, trips and falls
Defective products
Sports injuries
Criminal injuries
Medical or Surgical errors
Delayed or missed diagnosis
See our Spinal Injuries Frequently Asked Questions for further guidance.
What are the Consequences of a Spinal Injury?
The consequences of a spinal injury can vary, depending on the severity of your injury. If your injuries are the fault of someone else, you may have a compensation claim. To secure compensation, you need to prove that another party is liable and establish fault.
If you have experienced spinal injuries as a result of an accident or medical error that wasn’t your fault, our dedicated team of specialist Spinal Injury Solicitors can help you bring a spinal injury claim.
What is Involved in Taking a Spinal Injuries Claim?
A specialist Solicitor from our Medical Negligence & Personal Injury Team will discuss the circumstances of your injuries, advise on whether you have a claim and inform you of the recommended next steps.
This might include gathering evidence to support your Spinal Injury claim. Often the evidence you may need can include:
Medical records and documents related to any treatment you received
Financial statements and documents
Witness statements from the site of the incident
CCTV from the scene of the incident
HSE reports and internal investigations (if available)
You can also make a claim on behalf of a loved one who is incapacitated or has passed away. Our specialist Solicitors will be able to advise you on how to proceed with their claim.
How long do I have to make a Spinal Injury Claim?
You generally have two years to make a Medical Negligence or Personal Injury claim from the date of the negligent treatment or from when you became aware that negligence occurred. This is known as the “date of knowledge.” There are exceptions, such as in cases involving children, where the two-year limit begins from their 18th birthday. For those who lack the mental capacity to make a claim independently, no time limit will apply.
The earlier you get in touch, the better. We will advise you clearly and realistically from the start.
See details of our recent Spinal Injury Case Studies
How long does a Spinal Injury Claim take?
The length of a Spinal Injury claim depends on your recovery, as a final medical prognosis can take 18 months to two years. It’s important to address future needs for care, equipment, accommodation, and finances early on. Trusting your Solicitor for expert legal advice is essential to protect your long-term interests.
What should I include in my Spinal Injury claim?
Many people who sustain a Spinal Cord Injury find themselves with substantial care needs that need to be funded. In addition, many may struggle to return to work in the same way as they did pre-injury. Not having a stable income and the added risk of adapting a house to meet accessibility needs can take its toll. A compensation claim can help cover these significant expenses, ensuring that individuals with Spinal Injuries can live without the added burden of financial worry.
How much compensation will I receive?
Compensation in a Personal Injury or Medical Negligence claim is typically divided into two main categories:
General Damages
This covers compensation for your pain, suffering, and loss of amenity—in other words, the physical and emotional impact the injury has had on your quality of life.
Special Damages
This refers to your financial losses, which are further broken down into:
Past losses (e.g., expenses already incurred)
Future losses (e.g., anticipated costs moving forward)
Both past and future losses may include, among other things:
Costs of adapted or special accommodation
Home support or personal care assistance
Medical treatments and therapies
Specialist equipment
Transportation expenses
Loss of earnings
Why Choose Lavelle Partners?
Spinal Injury claims can be complex, and individuals who have suffered serious injuries need expert legal support, ideally from the earliest stages of their recovery.
At Lavelle Partners, our dedicated team of specialist Spinal Injury Solicitors can support you through every step of the process.
With over 35 years of experience in handling complex Medical Negligence & Personal Injury cases, our firm is committed to achieving the best possible outcomes for our clients.
Further Information
For further information on making a claim for Spinal Injury in Ireland, please contact Avril Scally, Partner and Head of our award-winning Medical Negligence & Personal Injury Team.
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Spinal Injuries Ireland
This article was first published in the Summer 2025 edition of the Spinal Injuries Ireland Magazine.
Lavelle Partners are proud to be Legal Practice Business Partners and long-time supporters of Spinal Injuries Ireland.
Spinal Injuries Ireland (SII) is a registered charity that actively supports people who sustain a spinal cord injury and the family and friends who love them. As the only support and service agency in Ireland of its kind, SII provide a person-centred service to assist people to engage fully in society.
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