We hear from Andy Shaw, Head of Personal Injury and Medical Negligence at Higgs LLP, about his experience of supporting clients with brain and spinal injuries
What makes brain and spinal cord injury claims different to general personal injury claims?
Brain and spinal cord injury cases are often complex due to their long-term impact. They frequently lead to life-altering changes which impacts not only the person but often the whole family.
It is imperative that a holistic approach is adopted to support not only the individual but also the wider family.
That often starts with a good case manager who can advocate on their behalf. Bespoke care and support arrangements are often required.
This kind of work is stressful and lawyers specialising in supporting those with brain and spinal cord injury need to be empathetic, determined and prepared to fight to achieve the support that is required both in the short and long-term.
These cases often involve obtaining expert evidence across a range of disciplines and co-ordinating the evidence to put the best case forward.
How important is it to appoint a lawyer with specialism in brain and spinal injury claims?
It is imperative. A claimant will generally only get one opportunity to get the right result and access the right level of support. Those early decisions are often so crucial.
The lawyer will need to have access to specialist medical experts, an experienced case manager and skilled counsel.
The injuries are often complex and require a deep understanding of the medical and legal aspects involved to ensure that the claimant received an appropriate level of compensation.
Brain and spinal cord injuries often involve intricate medical issues, and the lawyer needs to understand specific medical terminology, treatment options and long-term complications.
At Higgs LLP many of our lawyers have over 25 years’ experience of dealing with both brain and spinal cord injury cases and we use the best experts, the best counsel to get the best results.
Can you share an example of a particularly challenging case you have worked on, and how you overcame these challenges, to secure a positive outcome for the client?
I have acted for claimants with brain and spinal cord injury for over 25 years and there are a number of cases that stand out.
I acted for a 17 year-old who was injured whilst riding his bike. As a result, he sustained a significant brain injury.
He lacked capacity and also lacked insight into many of his difficulties which meant he had little regard for health and safety resulting in numerous instances where he put himself and others at risk.
As a result, multiple safeguarding referrals were made to the Local Authority to protect him and members of the public.
I was able to secure a relatively early admission of liability and thereafter, secured interim payments to assist him and his family to rebuild.
A case manager was appointed and acted under the Rehabilitation Code 2015, on a joint basis.
The case manager assembled a team of supporting therapists, including an occupational therapist, neuro-physiotherapist, speech and language therapist and support worker.
As a result of those interventions, the claimant was supported in adapting and subsequently, he was able to return to paid work and is now a father of three!
Given the claimant’s young age, it was imperative that we fully understood the long-term impact of his brain injury, and this required obtaining a range of reports from numerous experts over a five-year period.
The case was concluded five years post-accident for £6.5m. In addition, rehabilitation expenses were funded under the Rehabilitation Code at a cost of £425,000.
The award provided my client with financial security and funding for the support that he will require for the rest of his life.
These cases take years to resolve. You build long-standing relationships over that time, with lots of ups and downs along the way.
It is important that you are there to manage the inevitable crisis. This is not a 9-5 job!
Can and should a client change their lawyer if they are not happy with how the case is progressing?
Yes. Ideally the sooner the better because it can often be difficult to rectify mistakes further down the line.
Litigation is stressful and the path to financial settlement is not always straightforward.
Each case is different and if a relationship breaks down or communication is not good enough, a claimant or those supporting them are entitled to seek legal representation elsewhere.
In most cases, the file can be transferred to the new law firm by signing and authority.
The firm taking over the case will need to provide an undertaking to preserve a lien in respect of any costs incurred by the firm who currently act.
How vital a role can the right MDT play in a client’s outcome?
A multi-disciplinary team is crucial in these cases.
The case manager will be responsible for appointing the therapists, and it’s important that those therapists are all in regular communication with each other – they need to adopt a team approach rather than working in silo.
A well-functioning multidisciplinary team can significantly improve a client’s outcomes by ensuring care and support is holistic, coordinated and effective.
Whilst the case manager is ultimately responsible for co-ordinating therapies and support, speaking for the team at Higgs LLP, we very much see it as our responsibility to ensure that the therapy being provided is effective.
To that end, we will often encourage therapists to use outcome measures with the aim of demonstrating the value of the intervention they put in place.
Can you share a couple of your personal career highlights?
I would probably say the last 12 months have served as the best of my career.
We have built a fantastically committed and driven team, and I take great pride in that.
We are extremely privileged to be asked to help seriously injured people at a very critical time of their life and we take that responsibility seriously and work tirelessly to ensure that we do not let them down.
The firm has an incredible vision.
Our aim is to have a positive impact on our people, our clients, business partners and our community by forging long-term relationships and the work my team and I do certainly achieves that.
We’re also celebrating our 150th anniversary at Higgs LLP this year, another highlight for us!
What do you like to do outside of work?
When I am not working you will often find me spending time with my two young daughters, riding one of two motorbikes or walking the dogs.
I love getting out in the fresh air.
