Three of the commonest causes of Spinal Cord Injuries leading to paraplegia are traffic accidents, falls and sports injuries.
Whenever such injuries are caused by any person or organisation other than the injured party, a claim should be pursued to recover the compensation that will help them to make the best possible recovery and live as comfortably as possible after such life-changing injuries.
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A small number of such claims arise from criminal activity. In those cases, the victim should seek advice from solicitors who deal with high value claims to the Criminal Injuries Compensation Authority which will deal with the matter under the latest Scheme (currently 2012) which governs how claims are dealt with. The rules are very different to the laws relating to civil claims which we will concentrate this below.
The claims process
The first issue to deal with is that of liability for the incident leading to the injury. Often, this is not a problem as the insurer of the opponent will quickly admit full liability if the case is clear-cut. However, if liability is denied, then the solicitors for the injured Claimant should start Court proceedings as soon as possible and advance the claim towards a hearing on that issue as quickly as the Court will allow.
In most cases where civil proceedings are started, there is a settlement before the final hearing. In liability claims, it is often the case that the parties agree to split the liability so that they can concentrate on the valuation of the claim. A common split might be 50:50 so that the injured Claimant will receive 50% of the value of their claim.
Can I get some rehabilitation or medical treatment?
Once liability has been accepted or decided, then the representatives of the parties will normally agree to appoint a rehabilitation company to act for both sides and prepare an Immediate Needs Assessment or INA. That is normally done by an Occupational Therapist who will visit the Claimant at home, assess their needs and prepare a report detailing what treatment and assistance they require as well as any aids and equipment, adaptations to their home and/or vehicles and any other assistance that should be provided to help them recover as fully as possible and to make their lives as bearable as possible.
Can I get money upfront?
The Defendant’s insurers usually agree to make interim payments on a regular basis to compensate the Claimant for their loss of earnings and to reimburse them for any substantial expenses they incur before the claim is settled.
The INA may recommend treatment including physiotherapy, psychological therapy such as CBT, Occupational Therapy, a personal trainer, support workers, a case manager, night carers (where the injured person lives alone), full care packages, a driver, a job coach and other types of assistance. It often includes the cost of equipment that the paraplegic client will need such as electric wheelchairs, lifting devices, bath chairs, grab rails, stair lifts, adaptations to vehicles and many other items to help them adjust to their new lives.
The insurers usually agree to all the recommendations and pay for them as the case progresses.
When will the case settle?
Once the client has recovered as fully as possible from all their injuries both physical and mental, then their solicitors will obtain all the expert reports they need such as from a spinal surgeon, a neurologist, a psychiatrist, a care expert, an architect and any other relevant professional. When the reports are available, they will be able to value the claim and start settlement negotiations with the opponent’s insurers or, as is normally the case in high value claims, their appointed solicitors.
How much is the claim worth?
The compensation will include a figure for the injuries. According to the Judicial College Guidelines (16th edition) that figure will be between £219,070.00 and £284,260.00, although exceptions do occur.
It will also include items for past and future loss of earnings, pension loss, care, travel expenses, adaptations to homes and vehicles, new accommodation if needed and many other items.
How much the claims are worth will depend on a number of factors including the age, qualifications and income of the paraplegic client. Older clients will generally receive less in respect of younger people as they will have fewer years to claim for in respect of future care and lost earnings. No two claims are the same as every injured party is different. It is very unlikely that a paraplegic claim will be settled for less than £1 million pounds and they are usually valued at 2-3 million pounds.
If the parties cannot agree on a figure for settlement, then the matter is usually referred to a civil court to resolve the matter. Once again, a compromise is normally agreed before a final hearing.
Not every firm of solicitors with a personal injury department will have the experience to deal with a paraplegia claim efficiently, effectively and comprehensively, so we suggest that you do your research before you instruct solicitors.
Why instruct Taylor Emmet?
Our experienced team have significant experience in dealing with these life changing claims. We offer a free consultation with one of our friendly expert solicitors to get the ball rolling. We will provide you with expert legal advice and assistance at no cost to you, as we operate a no win, no fee policy.
