YOUR LEGAL AND REHABILITATION

GUIDE

SPINAL CORD INJURY

In most cases the damage caused by a spinal cord injury

is irreversible and can have a catastrophic impact on you

and your family. Our specialist team can help you obtain the

best possible care and treatment to help you regain your

independence.

A spinal injury can happen in many different ways, whether during a collision, workplace accident or because of a fall from height. We understand that traumatic spinal injuries have life changing implications for an individual and their family. Quality care, treatment and rehabilitation are essential to ensure the continued health and wellbeing of a spinally injured person.

If you or a family member suffered a spinal injury which was caused by an accident which wasn’t your fault, or was only partially your fault, or due to an assault, you are entitled to make a claim for compensation.

To find out if you have a claim it is important to speak with a specialist law firm with experience in this complex and area as soon as possible as there are certain time restrictions for pursuing a claim. We are happy to visit our clients wherever they may be to have a face to face meeting but recognise that at the moment virtual meetings maybe preferable depending on each person’s individual situation.

We care deeply about each of our clients and want to ensure that you are given the opportunity to make the best possible recovery. We always put our clients’ interests first and deliver advice in a friendly and approachable way and take pride in helping our clients to put their lives back on track. We will strive to achieve the best outcome for you at each stage of your claim, both in terms of rehabilitation to help you with your recovery and when it comes to negotiating the compensation settlement of your claim out of court or at trial.

spinal@hughjames.com

0808 501 7069

OVER A THOUSAND PEOPLE EACH YEAR

WILL SUFFER A SPINAL CORD INJURY

TOGETHER, WE GO FURTHER3

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Our client’s story

We successfully acted for the claimant who was hit by an

out of control car and sadly sustained life changing injuries

as a consequence. The most serious injury was a spinal cord

injury resulting in C4 tetraplegia. The claim was settled for an

eight figure multi million pound settlement (capitalised value

of settlement).

The principal effect of the spinal cord injury was that the claimant has no power in her legs and very little useful motor power in the upper limbs and is now dependant on others for all aspects of daily living.

She cannot now care for herself, feed herself, dress herself or turn in bed. She needs indwelling catheters and has lost bowel control, having episodes of faecal incontinence. The ability to have and enjoy a sexual relationship has been eliminated.

She also suffers from constant chronic pain.

We were instructed only 6 months before court proceedings had to be issued as the claimant’s family had initially instructed a non-specialist

solicitor who had not progressed the claim and failed in 2 years of running the claim to obtain a substantial interim payment, so the claimant was dependant on a state funded care package and living on state benefits.

Once instructed we were quickly able to obtain an interim payment of £600,000 to fund private rehabilitation and subsequently on discharge from a leading private rehabilitation unit, she was able to return home to a superior privately funded care package.

The claim was concluded within 3 years of our initial instruction and the claim was approved by the High Court, as we also established that the claimant lacked capacity to manage her own affairs during the litigation.

The settlement was a multi-million lump settlement lump settlement with periodical payments for the rest of her life of £350,000 which will provide the claimant with 2 carers 24 hours a day for the rest of her life, a case manager and a team of therapists. With the lump sum she had the ability to purchase suitable adapted accommodation, suitably adapted vehicles and additionally the financial security to enjoy the rest of her life.

We couldn’t have had a better solicitor. So knowledgeable and efficient, yet the most kind, caring and understanding friend all rolled into one, at a time when few people could really understand what my injury had done to me.

“Client

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Our team of friendly specialist spinal

injury solicitors provide expert advice

and services to ensure that you

receive the highest possible level of

compensation and access to the best

rehabilitation.

Our specialist team includes welfare benefits advisors and a qualified social worker to ensure that your case has the best possible chance of success.

We can advise you on the following:

• the Hugh James Emergency Fund and how it can assist you and your family

• obtaining private rehabilitation

• interim payments

• welfare benefits and emergency funding

• employment concerns

• charities that can assist you

• Wills, Trusts and Power of Attorney and Court of Protection matters

• dealing with your mortgage, credit card and loan providers following a spinal injury

• investigating any potential insurance cover that may benefit you

• social services and local authority funding for care and equipment

• human and disability rights.

Hugh James has extensive experience in

handling compensation claims for people who

have suffered spinal cord injuries.

We are trusted legal partners of the Spinal Injuries Association (SIA), accredited by the Association of Personal Injury Lawyers (APIL) and members of the Law Society Personal Injury Panel.

Our solicitors have been consistently ranked in the top tiers by the independent legal guides, Legal 500 and Chambers and Partners, as leaders in the field of personal injury and specifically spinal cord litigation.

How can we help?Why choose us?

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Legal 500 described Cari as ‘knowledgeable’, ‘client focussed’, ‘outstanding’ and ‘lovely manner with clients’. In Chambers and Partners, Cari Sowden-Taylor is ‘praised for her client-oriented approach and technical knowledge. She focuses on brain and spinal injury claims connected to RTCs’. One client highlights her ‘excellent level of specialist knowledge regarding complex conditions and legal processes.’

“

We understand that making a compensation claim

following a spinal injury can be difficult and confusing. That

is why our team is dedicated to ensuring that the process is

as simple as possible, providing regular updates about your

case along the way.

When you contact us about making a claim, we will set up a free, no

obligation consultation wherever in the country is convenient for you. If

you decide that you would like to proceed, we will discuss the different

options available to fund your claim.

When we have all of the information that we need from you, we will

start gathering evidence to support your case. You will need to be

examined by a medical expert who can advise us on the impact of your

spinal injury and tell us what sort of treatment you will need to make

the best recovery possible.

What is the claims process?

How will I fund my spinal injury claim?

There are a number of ways that you may be able to fund a

claim. As each case is different, the best option is to speak

to your solicitor about your circumstances, but your options

Legal expensesThe first port of call is to check if you have insurance that covers legal expenses. If you have legal expense insurance, which may be attached to a home insurance policy, we will ask the insurer to pay your legal fees.

CFAIf you do not have insurance, and your solicitor determines that there is a reasonable chance of bringing a successful claim then you may be offered a conditional fee agreement (CFA). CFAs are sometimes known as “no win, no fee” agreements. In these situations, your solicitor is taking the risk because they will not be paid unless the claim is successful. In the event that you win your case, the legal fees will

either be paid by the other side or will be deducted from the money awarded to you by the court.

Privately fundedIf your solicitor is not confident that you will be successful in your claim but you want to move forward with it anyway, you always have the option to cover your legal fees yourself. This is a decision that you will need to consider carefully.

However you decide to fund your claim, your specialist solicitor will be there to help explain everything to you in a way that you understand so that you can make the best decision for your circumstances.

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Legal 500 describes Ciaran as ‘leading spinal cord and brain injury specialist’ with a client commenting ‘Ciaran McCabe is diligent, intelligent drives a hard bargain. I’d want him on my side in a negotiation.’ In Chambers and Partners, Ciaran is as acknowledged as a leading Solicitor representing claimants with spinal cord injury claims ‘He is very experienced, gives an excellent service and is a true specialist in this type of work.’

“

How is compensation calculated?

We will look at the compensation for your injuries as well as the

financial losses you have as a result of the accident. Compensation

is made up of general and special damages.

General Damages

General damages compensate you for the injury itself: i.e. the pain and suffering you have already experienced and will continue to experience and what you are no longer able to do as a result of the accident. This is also known as a pain, suffering and loss of amenity.

In order to accurately inform you of the level of damages that you may be awarded, we will arrange for medico-legal reports to be obtained from various leading specialists. The experts will examine you and have access to your medical records and be able to provide an accurate diagnosis and prognosis within their report. Once this evidence is in place we will be able to notify you how much we think that your claim is going to be worth.

Special Damages

Special damages are to compensate you for any past or future financial losses that have incurred or will incur as a direct result of the accident which caused your injuries.

Past losses include:

• private medical treatment and rehabilitation

• prescription charges/medication• the purchase of aids and

appliances• loss of earnings• travel expenses• care costs• personal belongings and clothing

damaged in the accident• housing adaptations

Future losses can include:

• future loss of earnings • loss of pension• accommodation costs• future private medical treatment

and rehabilitation• care costs• aids and appliances

This list is not exhaustive and we will carefully consider the bespoke losses you have or may in the future experience.We suggest that you start to keep a list of things that you have had to pay for since, and as a direct result of, the accident. We will need to prove

the financial losses and documentary evidence, such as wage slips, receipts and invoices will be very important in proving your special damages claim. In addition, it may also be sensible to keep a log or brief diary of problems that you encounter as this will help us to prepare comprehensive witness statements.

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Rehabilitation

At Hugh James we pride ourselves on our holistic approach. As specialist solicitors we have seen the benefits that early intervention

and access to first class rehabilitation can provide to our clients.

Our aim therefore is not only to ensure that you have the best opportunity of recovering the maximum level of compensation, we also aim to improve your long term physical and mental well-being; ensuring that you have access to the best rehabilitation and specialist medical care possible.

At our initial meeting, we will explore the potential rehabilitation opportunities which are available to you.

Often we can arrange an Immediate Needs Assessment (INA) funded by the defendants and carried out by a rehabilitation professional (e.g. qualified Independent Case Manager) very soon after you instruct us.

The INA report will consider a range of issues, including:

• the injury/disability for which early intervention or early rehabilitation is suggested;

• the type of clinical intervention or treatment required in both the short and medium term;

• the likely cost and duration of recommended rehabilitation or treatment, their goals and duration, with anticipated outcomes.

Once both parties have received the INA report, the rehabilitation and other recommendations it contains will potentially be wholly or partially funded by the defendant. Even if the claim fails, rehabilitation funding obtained under the 2015 Rehabilitation Code is, usually, non-repayable.

Once liability is accepted by the defendant, we will be able to seek general interim payments to fund ongoing rehabilitation.

At Hugh James we have relationships with many of the leading specialist residential rehabilitation centres in the country. As part of our service we can provide you with insight into the sector and how we have successfully assisted our client’s rehabilitation journeys.

WE WILL SUPPORT YOU WITH YOUR IMMEDIATE

AND FUTURE NEEDS

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For a free initial consultation to discuss your options; call our

team today. We believe in flexibility and are happy to arrange

a free initial consultation to discuss your options at a time and

place that is convenient for you. There is a strict time limit for

bringing claims and so please contact us as soon as possible.

Contact our team today to ensure your case has the best possible chance of success and to see how we can help you:

spinal@hughjames.com

0808 501 7069

What should I do now?

Hugh James Emergency Fund

At Hugh James we’re proud to say that we do things differently. We

may be a top 100 UK law firm, but we’ve kept a personal, down-to-

earth approach that’s based on finding the right solutions for our

clients.

Why have we created an emergency fund?The Emergency Fund provides grants in the immediate aftermath of a catastrophic injury to help families cope with the sudden practical and financial implications this may present.

Who can apply?Anyone may apply to the Emergency Fund. We can offer support to those applicants who reside in England and Wales, who have an urgent financial need following a catastrophic injury.

What support can we provide?The purpose of the Emergency Fund is to support families facing an increased financial burden immediately following a catastrophic injury. The fund is limited, so Hugh James will take into account the financial situation of each applicant when allocating funds and prioritise those with limited resources.

Examples include:

• Travel costs for families visiting relatives in hospital or specialist rehabilitation;

• Emergency accommodation costs;

• Other family costs in the acute period following a catastrophic injury; and

• Child care (during the acute period)

How to applyPlease complete the accompanying form and send it back to us using the contact details on the following page. This form can be submitted by post or scanned and sent via email. Please ensure you have signed the declaration section before submitting your application.

To make an application online please visit hughjames.com/emergencyfund

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Useful contacts

National charities

SIA - Spinal Injuries Associationwww.spinal.co.ukt: 080 0980 0501

Back Up Trustwww.backuptrust.org.ukt: 020 8875 1805

Spinal Researchwww.spinal-research.orgt: 020 7653 8935

Rookwood SpUR www.rookwoodspur.org.ukt: 079 2816 8641

A handy list of spinal injury charities that Hugh James recommends to provide support for you and your family.

Local charities

hughjames.com

spinal@hughjames.com

0808 501 7069

@HJSeriousInjury

Hugh James is authorised and regulated by

the Solicitors Regulation Authority (SRA Number:303202)

and is authorised and regulated by the Financial Conduct

Authority.