At Irwin Mitchell, we represent individuals who have sustained life-changing injuries, writes David Withers. Some of our clients have severe brain injuries, spinal cord injuries, and / or amputations arising from poly-trauma. For these individuals and their families, their lives are turned upside down. There is a range of emotions after such trauma. Without doubt, what those individuals and their families in this situation want is the possibility that, with effective rehabilitation, their quality of life can improve...
In the longer term, financial security is also a vital consideration, particularly if they are no longer able to work and have a family to support. As has been widely reported, the criminal courts are experiencing significant delays. There has been long-term under-funding. With the Covid-19 pandemic, these delays only worsened.
When a seriously injured person is injured, there is often a need for larger accommodation. This may be required to accommodate carers, to create a therapy room or to house aids and equipment. Larger houses cost more money, writes Irwin Mitchell's David Withers.
The issue that the Court has, when faced with a claim for damages, is ensuring that the severely injured person’s accommodation needs are met, but also ensuring that the injured person’s estate, when the injured person dies, does not receive a windfall. A property is a capital asset which, based on historical performance, generally appreciates in value over a period of time. If the injured person was awarded the total cost of the property that they now need because of their injury, they would receive damages to purchase the property and their estate would then be able to sell the higher value and larger property upon the injured person’s death, hence the windfall argument.
Serious injury solicitor Alice Hall shares an insight from Lou, founder of Northamptonshire Chronic Pain Support.
Within my role as a serious injury solicitor, I often support clients who experience chronic pain after trauma and I have seen the devastating effect that can have on the life of a sufferer.
I have also seen the importance of early and specialist professional input, and that, without this, the significant risk that people’s physical and mental health can quickly spiral downwards.
But, what does it actually mean to live with chronic pain and what support is there available to sufferers?
I spoke with Lou, the founder of Northamptonshire Chronic Pain Support (NCPS) and someone living with chronic pain.
COVID-19 has presented many challenges for brain injury patients, with the cancellation of groups and appointments meaning a pause in their rehabilitation. Here, Paul shares his story of how his experience of the past few months has left him dreading the impending ‘second wave’.
I sustained a brain injury just over 18 months ago now. It was in circumstances many people describe as a ‘freak injury’ but I really hate that description, as I’m constantly well aware I probably now seem like a freak, thanks to my condition. I was decorating at home, something I never do, but we were trying to save some money so I thought I’d give it a go. I was standing on some ladders which were a bit wobbly, but they seemed fine for a DIY novice such as myself.
In personal injury claims, there is a three year time limit (in the vast majority, but not all, cases) to start a claim, writes Irwin Mitchell's David Withers.
If an injured person fails to start Court Proceedings within the three year period and there are no exceptions that apply, they run the risk of the Court finding that their claim has become “statute barred”.
In other words, the Defendant would have a complete defence, even if the breach of duty (fault) had been obvious.
Under the Limitation Act 1980, the Courts have the discretion to allow cases to proceed even if they are brought out of time.
Having experienced a brain haemorrhage five years ago, 52-year-old Jane Hallard from Gloucester has had to rebuild her life. Here, she details her struggle and how she has learned to look to the future with positivity.
In the five years since my brain injury, I’ve had to come to know a whole new me.
While I look the same as I did, I’m far from being the same person.
On that day, back in 2015, when I was helping my son to clean his car, little could I have imagined what lay ahead.
Inspire Neurocare’s director of clinical excellence, Michelle Kudhail, explores the emerging understanding of the chronic, long-term neurological impacts of Covid 19 and the neurorehabilitation requirements arising from this new virus.
Since Covid-19 first hit the headlines in early 2020, the global healthcare community has faced significant challenges to keep people safe and mitigate the impact on the health sector as cases continued to rise.
With an estimated global total of 21m cases, in the United Kingdom, over 319,000 individuals[1] have so far tested positive for the virus.
For many people, Covid-19 is a mild illness, but emerging global evidence continues to demonstrate the significant neurological and cardiovascular complications of the virus in those patients who experience serious symptoms.
The thorny issue of bereavement damages in fatal accident cases has recently raised its head again on one of my cases, writes associate solicitor Lauren Haas. Since so few of the families I encounter are aware of bereavement damages it may be useful to summarise the current law in this area and set out what the potential issues are.
What are bereavement damages? Bereavement damages are a fixed sum of money which can be claimed on the unlawful death of a loved one.
They are separate from any financial dependency claim, which can of course also be brought.
Well-known across South Wales for providing an essential rehabilitation service to patients with brain injuries and neurological conditions, Neuro Physio Wales took decisive action to protect them during the COVID-19 pandemic. Sara Davis, neurophysiotherapist and director of the Bridgend clinic, explains more.
Back in March, as it became clear that lockdown was coming, we knew we had to make a decision as to how we would handle the weeks and months ahead.
As a very busy centre, we had a full clinic and many patients were waiting for appointments due to the demand we were seeing - but what had to come first was ensuring their safety.
We have a great mix of clients who come here, but some are very vulnerable with complex needs, and the risk to them was especially great.
To help assess the changing nature of case management, Heidi Stevens has produced a research protocol, ‘The effectiveness of a case management approach to care for adults who suffer trauma through injury: protocol for a systematic review’. Here, she discusses her aims and ambitions for the protocol, which is set to be released later this month.
What is your background and what are you doing currently? I am an associate public health nutritionist and have just started working on a systematic review for Teesside University investigating weight management interventions for people with severe mental health issues.
