Why early instruction of a spinal injury solicitor protects everything that follows
The legal claims that follow an accident involving a spinal injury must be able to capture this complexity, as the consequences of the injury can be felt in all aspects of a person’s life. Specialist spinal injury solicitors must be instructed as soon as practically possible after a serious injury because the decisions made in the early stages of the injury have a lasting impact on the outcome of the injury claim.
Evidence that exists now and not later
The most pertinent evidence to prove liability in a back injury lawsuit is most available and complete right after the accident. Physical evidence at the scene deteriorates over time, as do CCTV and dashcam footage, which may be stored for only a limited time, and witness memories, which can fade. Vehicle examination evidence also fades with time and cannot be recovered. An early-instructed solicitor will take swift action to preserve this evidence before it is lost, issuing preservation orders for CCTV footage, directing accident reconstruction experts (where necessary), and securing the physical and documentary evidence base before it is too late.
The medical picture and its early documentation
The first medical records generated after a spinal injury, known as acute medical records, serve as the foundation of the claim’s medical history. Evidence that is created at the time of the injury, such as imaging reports, neurological evaluations, surgical reports, and the documented history of the injury, cannot be reconstructed later. A solicitor keeps the medical team informed appropriately, ensures that the medical documentation is relevant to the legal case, and orders independent medical expert evidence at the most suitable time in the treatment process.
Interim payments and the financial pressure they relieve
The prognosis, care needs and financial implications of serious spinal injury claims are not determined until expert evidence is gathered, and therefore, it takes time to resolve a claim fully. At this time, claimants and their families are often under considerable financial strain due to loss of income, care costs and home modification costs. An early instructed solicitor can apply to the defendant’s insurer for interim payments, which can provide financial assistance as the claim progresses and alleviate the pressure to settle at a lower value than the claim may be worth.
Care and rehabilitation access through legal channels
The Rehabilitation Code in the United Kingdom is the code of practice that sets out the approach to rehabilitation in serious personal injury claims and provides a framework for funding early access to specialist rehabilitation through the claims process. A specialist solicitor’s early instruction triggers this framework, and the claimant receives specialist spinal rehabilitation at the earliest clinically appropriate time and not after the legal process has reached a specific stage, before rehabilitation funding is available. The sooner rehabilitation begins, the better the functional outcomes, which benefit the claimant and show the claim the true impact of the injury.
Valuing the claim accurately from the outset
Spinal injury claims are among the highest-value personal injury claims because the injuries that are sustained in such cases have lifelong ramifications in all aspects of daily living. To accurately reflect these consequences, expert evidence and input from neurologists, orthopaedic surgeons, care needs assessors, occupational therapists, employment consultants, and independent financial advisors are required regarding the long-term financial impact of reduced earning capacity. A specialist solicitor who has experience in spinal injury claims will be familiar with the experts to instruct, the order in which to instruct them, and how to build a claim that is based on the true lifetime value of the losses involved.
The risk of delayed instruction
Whether it’s because the claimant is focused on getting medical attention or isn’t sure about the legal process, they take risks by not seeking a solicitor’s advice early. Evidence that could have been saved is lost. Interim payment applications are not made to relieve financial pressure. Rehabilitation that could have started earlier is delayed. And in the worst of cases, limitation periods are closing without a case having been started. None of these consequences is unavoidable, and all can be avoided by getting specialist legal advice as early as circumstances will permit.