Spinal Injury Claims Process — Scotland

Suffering a spinal injury can be one of the most devastating experiences in a person’s life. Whether caused by a car crash, fall, or workplace incident, a spinal cord injury often results in permanent damage, reduced mobility and an uncertain future. At Watermans, our specialist spinal injury solicitors are here to provide expert legal advice and help you to claim the compensation you deserve with confidence.

If you or a family member has suffered a spinal cord injury due to someone else’s negligence, you may be entitled to pursue a spinal injury compensation claim. Our specialist team of spinal injury solicitors in Scotland will support you every step of the way.

Get expert help from a team that’s always on your side. Reach out to our specialist solicitors to find out if you have a valid personal injury claim. 

Understanding Spinal Injuries and Legal Claims

Spinal injuries can result in lifelong physical, emotional and financial consequences. Understanding the legal implications and your options for compensation is a vital step toward regaining control of your life. In this section, we explain the different types of spinal injuries, how they occur, and what you can expect when pursuing a claim in Scotland.

What Is a Spinal Cord Injury?

A spinal cord injury (SCI) refers to damage to any part of the spinal cord or nerves at the end of the spinal canal, also known as the cauda equina. The spinal cord has three primary functions: sending motor signals from the brain to the body, coordinating reflexes, and communicating sensory information from the body to the brain. This makes it easier to understand just how life-altering these injuries can be.

It can lead to partial or complete loss of movement, sensation, or bodily function. Symptoms can range from minor back injuries to life-changing conditions such as paralysis or damaged stomach muscles, leading to the loss of bowel and bladder control. Injuries to the cervical spine, which is the vertebral column in your neck, are associated with the most severe outcomes.

Common causes of spinal cord injuries include:

  • Road traffic accidents
  • Falls from height
  • Workplace accidents
  • Sports injuries
  • Violent attacks

Whatever the cause, spinal injuries often involve complex legal and medical challenges. That’s why having a specialist team of spinal injury solicitors is essential to ensure your rights are protected.

The Legal Framework

In Scotland, personal injury claims, including spinal cord injury compensation claims, are governed by clear rules and time limits. Some key legal points include:

  • Three-year time limit: You generally have three years from the date of your injury to raise a Court action for a spinal injury compensation claim. Exceptions apply if the injured party lacks mental capacity or if the claim is being made on behalf of a child.
  • Duty of care: Employers, road users, and public authorities all have legal responsibilities to prevent harm to others. A failure in this duty that results in a spinal injury may be grounds for a legal claim.
  • Legal basis for claims: Claims can be made through civil courts or, in cases involving criminal negligence, through the Criminal Injuries Compensation Authority (CICA).

Our spinal injury lawyers understand the intricacies of Scottish personal injury law and can advise you on the best legal route based on your situation.

Claimant Considerations: What You Should Know

If you’re considering making a spinal cord injury claim, it’s essential to act quickly and stay informed. Here are some key points to consider.

Are You Eligible to Claim?

You may be eligible for a spinal injury compensation claim if:

  • Your injury was caused by someone else’s negligence or wrongdoing
  • The incident occurred within the past three years (or you have a valid exception)
  • You have medical records linking your injury to the accident

If you’re unsure, Watermans offers a no-obligation consultation to assess your claim.

What Evidence Do You Need?

To support your spinal injury claim in Scotland, your solicitor will need the following documentation:

  • Medical reports and diagnoses
  • Photographs of the accident or injury
  • Witness statements
  • Accident reports (from police, employers or property owners)
  • Evidence of financial losses (e.g. lost wages, treatment costs)

The more detailed your evidence, the stronger your spinal cord injury claim. It also helps to keep a personal diary detailing the pain and how the injury affects your daily life. This can include missing out on important events, work absences, and a general decline in quality of life.

What About Interim Payments?

Serious injury experts often pursue interim payments for clients while the full spinal injury case is ongoing. These payments can cover urgent medical expenses, lost earnings or rehabilitation services. They help relieve financial stress early in the process until the final compensation amount has been decided.

Watermans specialist lawyers work to secure interim payments where appropriate, allowing you to begin treatment and ease the burden of a life-changing injury.

What To Do Next: Start Your Spinal Injury Claim

Taking the first step toward spinal injury compensation may feel overwhelming, but Watermans is here to guide you.

When Should You Contact a Solicitor?

As soon as possible. The earlier you get legal advice, the better your chances of preserving evidence and building a strong case. Spinal injuries involve time-sensitive decisions, from medical care to financial planning, so don’t wait.

What Should You Prepare?

Gathering the proper evidence is crucial. In Scotland, personal injury claims like spinal injury and spinal cord cases require clear documentation to establish both fault and impact. Your personal injury solicitor will be able to help you to collect:

  • Photos or videos of the accident scene and visible injuries, ideally timestamped.
  • Medical records and GP reports, including any emergency letters, scans (like X-ray, MRI), and referrals to specialists.
  • Evidence of therapy and rehabilitation, such as receipts, appointment logs and treatment summaries (physiotherapy, occupational therapy, support services)
  • Accident or incident reports, including police or workplace records
  • Witness details or statements – names, contact information, and written accounts, if available
  • Evidence of financial losses, such as payslips, lost wages, travel receipts and receipts for private medical treatment
  • Correspondence with insurers or parties at fault

A reputable personal injury lawyer will help obtain any missing documents, including CCTV footage, expert medical reports and care assessments. By starting early, you ensure a stronger foundation for your spinal injury compensation claim.

Spinal Injury Claim FAQs

When thinking about making a claim, it’s normal to have questions, from how much compensation you’ll receive to what the legal process involves. Below, we answer some of the most common questions about spinal injury claims.

What will my spinal injury compensation cover?

Every spinal injury claim is different. The amount you receive will depend on factors such as:

  • Severity and long-term impact of the injury
  • Loss of earnings and future income
  • Cost of care, rehabilitation and treatments
  • Pain and suffering

We aim to help you secure the maximum compensation possible for your circumstances.

What if I have reduced mental capacity?

If your spinal injury has affected your mental capacity, a family member or a guardian can still make a claim on your behalf. If you have a power of attorney with the power to make legal decisions on your behalf, they may make the claim. These cases require specialist advice and handling, something our expert lawyers can provide.

Will I have to go to court?

Most spinal injury claims are resolved through negotiation or mediation, meaning court proceedings are rare. However, if required, our injury solicitors will represent and support you through every stage of the process.

What are the legal fees?

We offer spinal injury claims on a no-win, no-fee basis. This means there’s no financial risk to you if your case isn’t successful.

Should I accept the first settlement I receive?

It’s tempting to accept the first offer you receive, especially if you’re under financial pressure. However, early settlement offers may not reflect the full value of your spinal injury claim. It’s important to speak with a solicitor before agreeing to any final settlement.

Watermans: Spinal Injury Experts & Trusted Legal Support

Watermans is a trusted law firm in Scotland with years of experience handling serious injury claims. Our spinal injury team includes expert solicitors who work closely with trusted medical professionals to help you access the care and support you need throughout your claim.

What sets us apart:

  • In-depth knowledge of Scots law: Our spinal injury lawyers understand local legal procedures and injury compensation guidelines.
  • Holistic care: We provide access to rehabilitation, therapy, and medical support tailored to your recovery needs.
  • Clear communication: From start to finish, we explain every stage of the claims process.
  • Personalised service: We treat every client with compassion and professionalism, especially when dealing with life-changing injuries.

Apart from spinal injury claims, we also offer expert assistance in:

Whatever the cause, we’re here to help you make a spinal injury compensation claim with clarity and confidence.

Speak to Watermans today to start your spinal injury compensation claim. Our specialist team is here to help you get your life back on track.

Get in touch with us

Everything we do at Watermans is about getting you the resolution you need and making that process straightforward. Start the process by sending us your details below or calling us on 0131 555 7055

Our personal injury claims expert

“Making a claim for compensation can be such a daunting process for people, so I try to make it as straightforward and easy to understand as I can for them.”

Susanne McGraw, Head of Personal Injury