Legal professionals

David Withers, of Irwin Mitchell, on which option is best for the injured person.

In a serious injury case, it is common for there to be a dispute about whether an individual has sustained a traumatic brain injury with likely subsequent lifelong problems or whether they have suffered from a psychological reaction which, with appropriate treatment, could result in a full recovery. This is an important argument because it [...]

Under Article 8 of the Human Rights Act we all have a right to enjoy a private and family life. The need for relationships and intimacy is an essential part of most of our lives but for individuals living with an acquired brain injury, this can be far more complex, as Georgina Moorhead of Irwin Mitchell explains.

Since the start of the Coronavirus crisis in March 2020, face to face appointments, for everything from haircuts to eye-tests to doctors’ appointments have all but disappeared, almost overnight. In many serious injury cases, the immediate concern was that cases and rehabilitation would effectively have to be put on hold because appointments could not take [...]

Brain injury rehab is being ravaged by a “perfect Covid-19 storm” which is destroying capacity and devastating third sector funding, according to a new report.

COVID-19 has undoubtedly had a huge impact on court proceedings – but the wheels of justice spin on and cases are continuing to take place. Subsequent restrictions, however, have presented numerous challenges to all involved parties; and new and innovative workarounds are being found. One specific challenge is the drafting and filing of witness statements [...]

In a serious injury case, a plethora of expert evidence will be obtained, writes Irwin Mitchell's David Withers...

Guillain-Barré syndrome (GBS) is often triggered by a viral or bacterial infection such as flu or food poisoning, it causes the nerves in the arms and legs to become inflamed and stop working, usually leading to temporary paralysis which may last from a few days to many months. An estimated 1,300 people (1 to 2 people per 100,000) are affected by GBS annually in the UK. About 80 per cent will make a good recovery, but between 5 and 10 per cent of people will not survive and 10 and 15 per cent may experience long term residual effects ranging from limited mobility or dexterity, to life-long dependency on a wheelchair. One such example is William Marsh, 57, from Glamorgan, Wales, who suffered from symptoms including stomach cramps and diarrhoea towards the end of a week-long all-inclusive holiday to the Dominican Republic in September 2018 which was booked to celebrate his 25^th wedding anniversary.

Somatic Symptom Disorder (SSD) is a psychiatric condition which involves a person experiencing physical symptoms, often chronic pain, which results in major distress and/or problem functioning. The symptoms may or may not be traceable to an organic cause. It is to be strictly distinguished from malingering. SSD sufferers are in no way faking their symptoms and the distress and pain they experience is real and often very profound. I was first instructed on behalf of a client, who later went on to be diagnosed with SSD, in February 2017. My client, Kerry, had initially instructed another firm of solicitors before I took over the case.

The individual was crossing the road when the driver failed to stop or spot them, sending the pedestrian careering forward before the vehicle accidentally ran over the person again as the driver attempted to stop. Winn Solicitors acted for the claimant and helped to co-oridnate their medical treatment. The client spent approximately six months in hospital after suffering a number of injuries. A physiotherapist, neuropsychologist and support workers were all arranged. Due to the severity of the brain injury sustained, a Court of Protection Deputy was also brought in to help the client manage their property and financial affairs.