If you’re eligible to file a SCI claim, you’ve likely encountered a range of legal terms that sound confusing. Phrases like ‘interim payment’, ‘damages’ or ‘defendant’ might leave you feeling uncertain about what they actually mean or how they affect your case.
In this article, we’ve created a SCI claims glossary to explain some of the most common legal terms you’ll come across. You’ll also learn how Aspire Law can help you secure compensation for your injury, as well as access to vital support like rehabilitation, care, and home adaptations.
At Aspire Law, we understand that legal jargon can often lead to stress during what is already a challenging time. That’s why we’re committed to explaining these terms in plain English; we want you to feel informed and confident as you move forward with your claim.
What is an SCI Claim?
A spinal cord injury could happen to anyone.
Each year, around 4,400 people are injured, often through accidents that weren’t their fault. If this is true for you, you might be able to make a claim for compensation.
Of course, we know that all the money in the world won’t be able to turn back the clock to before your injury and change your situation. However, we strive to do everything in our power to secure a financial settlement, which will help you and your family to maintain a good standard of living and experience a level of independence.
Common Legal Terms in SCI Claims (Glossary)
Spinal cord injury claims are often complex, so gaining a base understanding of some specialist terms will help you to be more aware of the process you’re going through.
Below, we explore some examples, what they mean and why they’re important:
Compensation claim
What it means:
A compensation claim is the payment that the individual affected by the spinal cord injury receives, following a successful claim. This compensation should cover the damages and losses caused by your injury, whether that’s medical costs, lost income, or other expenses.
Why it’s important:
This helps the claimant regain their independence and return to a financial position that they were in before the accident.
No Win, No Fee (Conditional Fee Agreement (CFA))
What it means:
‘No win, no fee’ is an arrangement that does what it says on the tin: If we do not win your case for you, then there is no cost to you.
If you win your case, you will receive your compensation, and our reasonable fees will be paid by the defendant’s liability insurers.
Why it’s important:
This ‘Conditional Fee Agreement’ reduces the financial risks involved in making a claim. It also makes quality legal representation more accessible, especially for those who have experienced a financial loss after their injury.
Claimant
What it means:
If you are the person who has experienced a spinal cord injury and is filing a compensation claim, you are the claimant.
Why it’s important:
We operate on a ‘no win, no fee’ agreement, meaning our process poses no financial risk to you. The value of your claim will help to compensate you for your loss of earnings, the cost of your care, all to support you in regaining your independence.
Defendant
What it means:
The defendant refers to the individual or organisation being accused of causing the injury. This is typically an employer, individual, company or the NHS that was responsible for the spinal cord injury, due to alleged negligence.
In the instance of spinal cord injury claims, there will be an insurance policy in place; therefore, although the individual or organisation are the defendant, the entity paying is usually the insurer.
Why it’s important:
The defendant might accept liability for the accident, but they could also dispute whether they were at fault for your injury. This can make the proceedings more complicated.
Liability
What it means:
Proving liability for your case means showing that someone else is at fault for your injury. The source of blame may seem straightforward for your spinal cord injury; however, sometimes this liability can be denied, making the claim more complicated.
Why it’s important:
On average, every year, 41.7% of spinal cord injuries in the UK are the result of a fall, whether this happens in the workplace or elsewhere. Identifying who is responsible is central to your case. You need to prove that the responsible party is at fault in order to receive compensation.
Medical Negligence
What it means:
When a doctor, nurse or other healthcare professional has made a mistake and you’ve suffered as a consequence, you might be eligible to claim for medical negligence.
Negligence will need to be proved to secure your compensation claim. You will typically have to show that there is no body of reasonable professionals who would have treated you in the way that led to your injury, or demonstrate that they failed to treat you in the way you expected them to.
Why it’s important:
Some spinal cord injuries result from medical negligence, and proving this can help you secure compensation for the mistakes made by healthcare providers.
Damages
What it means:
Damages refers to the financial compensation you would be awarded with a successful spinal cord injury claim.
There are three types of damages that the claimant can receive, including:
- General damages: This covers the pain and suffering you have been through, as well as the impact that your spinal cord injury has had on your life. The compensation you receive will take into account the severity of your injury.
- Special damages for past losses: This level of damages covers any financial losses related to your spinal cord injury. It includes a loss of earnings, prescriptions, medical treatment, additional care and adaptations to your home.
- Special damages for future losses: Spinal cord injuries will inevitably have a life-changing impact. Special damages for future losses cover long-term financial needs, including loss of future earnings and care, helping you maintain financial stability, as if your injury never happened. The amount you receive will depend on whether you were able to continue with your career, or remain in the same employment, as well as if you need any rehabilitation or care in the future.
Why it’s important:
Damages make up the financial portion of your claim and are critical in helping you manage the long-term consequences of a spinal cord injury.
Medical Reports
What it means:
Independent medical experts will prepare a formal report, which provides details on medical negligence and directly links the accident to the injury.
Why it’s important:
Medical reports are a crucial piece of evidence in your claim. They are prepared by independent experts and actively support your claim by determining the compensation you may be entitled to. It also enables your lawyer to determine the best course of action moving forward.
Liability Reports
What it means:
A liability report, otherwise known as a breach of duty report, considers negligence and evaluates whether a healthcare provider failed to fulfil their duty of care during the diagnosis or treatment of a patient with a spinal cord injury. This report will also involve setting out your injuries and how you have been affected.
Why it’s important:
This is a key component of your spinal cord injury compensation claim, as it determines whether there was a breach of duty, provides independent evidence and ensures that the case is built on factual and clinical insight.
Interim payment
What it means:
Interim payments are payments that are included within the final compensation package and are made to you by the liability insurer. This happens before the case has been concluded, when the insurer intends to accept liability, but they are not yet in a position to agree on a final compensation package.
Think of it as an early payment that helps you to cover any urgent expenses while you wait for your full compensation to be settled.
Why it’s important:
These payments are very useful, as they can ease any immediate financial pressure being placed on you and your family. Interim payments can also be used to fund a first-class care and rehabilitation programme.
Settlement
What it means:
A settlement is a sum of money that is agreed between the claimant and the defendant. It is supposed to cover the cost of your medical expenses, including rehabilitation, assistive equipment, loss of earnings and to compensate you for your injury.
Why it’s important:
Settling typically happens before the case goes to trial, saving time and the stress of having to present your case to a Judge. However, you should only accept the settlement if the amount offered is fair, accurate and is agreed upon by both the claimant and your solicitor.
How These Terms Apply to Your SCI Claim
Coping with a spinal cord injury can be a very challenging experience; navigating the claims process can feel even more overwhelming. However, understanding the key legal terms that come with SCI claims doesn’t have to be a barrier.
Learning more about the legal process can help you feel more informed and better prepared when speaking with legal experts.
By breaking down these complex terms into simpler language, we hope to empower you with the knowledge you need to move forward.
Legal Support with Aspire Law
If you have any questions about your spinal cord injury claim or need further guidance, don’t hesitate to get in touch with our dedicated team at Aspire Law. Our expert spinal cord injury solicitors are here to guide you through the entire process and ensure you receive the compensation you deserve.
Any call you make to us is free and completely confidential. Any meeting you have with us is also without charge, meaning there’s no financial risk to you. So, contact us today to find out what you could be entitled to.
