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Legal19 NovIn conjunction with Mental Health Day 2020, Irwin Mitchell organised a webinar offering valuable insights into maintaining good mental health for those affected by Spinal Cord Injury (SCI).
The speakers were a mixture of professionals and people living with a SCI. Dr Parashar Ramanuj, Consultant Psychiatrist gave an in depth clinical insight as to what a person who has recently sustained an SCI may be dealing with and what ‘coping’ really means Sophie Lester, a case manager and spinal occupational therapist provided some really helpful guidance on how to maintain good mental health alongside rehabilitation and sustaining a healthy balance.
Legal16 NovRichard Biggs, senior associate at Irwin Mitchell, takes a closer look at the practical benefits and cost issues related to osseointegration.
I have considered for several years as to how to plead a schedule of loss on an amputation case where a Claimant may choose to undergo osseointegration in the future. Osseointegration is described as follows:- (source London International Patient Services):“OsseoIntegration is an operative procedure used to eliminate the need for a conventional socket prosthesis”. Put simply, during osseointegration an implant is attached directly to a patient’s bone and left to protrude through the skin. It offers a rapid connection between the prosthetic limb and the stump and also provides an element of stability for the patient’s long term prosthetic use. In my experience of discussing the issues with patients who have undergone osseointegration in the past they all report that it is a lifechanging experience.
Legal6 NovBy Saoirse de Bont
Introduction The Liberty Protection Safeguards (LPS) were introduced through the Mental Capacity (Amendment) Act 2019, which received royal assent on 16 May 2019. The purpose of the LPS are to replace the existing Deprivation of Liberty Safeguards (DoLS) regime, partly due to the substantial increase in cases which fell under the auspices of the DoLS following the Supreme Court case of Cheshire West, and partly due to criticisms of the DoLS regime, including the fact that there were many settings such as supported living placements and family homes, where people were being deprived of their liberty but the DoLS did not apply.
Legal29 OctWhen 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.
Legal16 OctIn 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.
Legal8 OctThe 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.
Legal6 OctThe Government has recently indicated that they are intending to consult on changing the law in the near future so as to allow level three automated vehicles on the road, writes David Withers of Irwin Mitchell.
There are six levels of automation: Level 0: The driver performs all of the tasks associated with driving the vehicle; Level 1: Some driving features are included but the driver controls the vehicle; Level 2: The vehicle has automated functions but the driver must monitor the environment and be ready to take control at all times; Level 3: The driver is a necessity but does not need to monitor the environment at all times; Level 4: The vehicle can perform all driving functions under certain conditions; Level 5: The vehicle can perform all driving functions under all conditions.
Legal30 SepThe guidelines seek to redress this lacuna and are reflective of the broader efforts across society to understand and de-stigmatise such conditions. The guidelines stipulate that “the fact that an offender has an impairment or disorder should always be considered by the court, but will not always have an effect on sentencing”. Each case will be fact specific and an individualistic approach to sentencing is encouraged, taking into account the wide range of disorders and the varying levels of impairment between individuals.
Legal25 SepBy Alice Hall, serious injury solicitor at Irwin Mitchell.
Neurocognitive deficits caused by traumatic brain injury (TBI) can be one of the more challenging injuries to prove and as a Claimant solicitor; it is my client who bears the burden of proving every aspect of their injuries and resultant losses. I have seen that it is often the case that mild TBIs are just one of many injuries, whilst other injuries may present as far more life-threatening, particularly during the emergency stage of treatment. Sometimes, therefore, mild TBIs are either not fully diagnosed at the outset, or they are noted but are not treated as a priority in comparison with other more seriously recognised injuries at the time, which may be more obvious and more pressing.
Legal20 SepAfter a life-changing injury, such as acquired brain injury, it can be tempting for the injured person and their loved ones to want to ensure that they get as much of the best quality rehabilitation that the state can provide or that money can buy, writes Irwin Mitchell's David Withers.
This is because it is generally accepted that the greatest recovery is made in the first few years, particularly in the case of acquired brain injury. When an individual sustains a traumatic brain injury, there are a range of disciplines that may need to be involved including, but not limited to: physiotherapy; occupational therapy; neuropsychology; neuro-psychiatry; neurology; neuro-surgery; dietician / nutritionist; speech and language therapy; personal trainer; counsellor; and support workers. The injured person’s passion for rehabilitation is absolutely vital. If and when that goes, it can be very difficult to regain that motivation. Mind-set in rehabilitation is critical.
