In the latest of our Meet the Lawyer series, we meet Matthew Tomlinson, head of serious injury (North) at Slater and Gordon, who has represented seriously injured clients for over 25 years
What makes brain and spinal cord injury claims different to general personal injury claims?
The impact that such injuries have is not only on the injured individual, but also those closest to them. Understanding the family unit and the impact that brain and spinal cord injuries have upon the family unit is important. We spend a lot of time getting to know spouses, children and others as well as the person who has sustained the brain or spinal cord injury. Helping them all to have a life after the injury and to make things better for them all is a real privilege.
How important is it to appoint a lawyer with specialism in brain and spinal injury claims?
Very important. Whilst no two cases are ever the same, having a lawyer in your corner who has handled similar cases previously is essential. There are some talented lawyers up and down the country with real skill and expertise in supporting and guiding the injured and their family through the life of the claim and beyond.
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 represented a man who sustained a traumatic brain injury when he was out walking his dog and a vehicle lost control left the road and struck him on the pavement. Liability was not in issue, but we had a real challenge in securing an interim payment that would allow for some important early intervention rehabilitation and treatment. I had to apply to the court for the approval of an interim payment. Fortunately, we were able to persuade the judge that should an interim payment was essential, and once secured it made an enormous difference to my client in both he short and long term.
Can and should a client change their lawyer if they are not happy with how the case is progressing?
Yes, that is certainly possible. A lawyer should progress claims promptly and efficiently and importantly keep you updated as to what is happening, what needs to happen next and why. All your questions and concerns should be answered, and you should be kept up to date and obviously involved with how the claim is progressed.
If that is not happening, then the best thing may be to move solicitors but you would need to carefully check how your claim is being funded and what, if any, consequences there are in transferring your claim to another solicitor.
What do you look for when appointing or working with members of an MDT?
I look at expertise and experience. Are they experts in their respective fields? Have they experience of dealing with people with similar injuries? Have I worked with them before? Is the person a good fit for working with and on behalf of this client? Or are there other more suitable experts? Involving your client with this process is also important too.
How vital a role can the right MDT play in a client’s outcome?
Very important. The collaboration and ‘joined up’ approach enables the right focus to be made on achieving the best possible outcomes for the client in each and every case.
Can you share a couple of your personal career highlights
Representing a member of the Royal Marines who sustained a spinal cord injury during adventurous training in Dubai prior to a five-day liability trial was a real highlight. Just seeing what a difference the settlement package made to him, his wife and two small children was really rewarding. We are still in touch too, so seeing his new home and where he is with his life now compared to when I first met him it a lovely reminder of why I do the work that I do.
I also represented a young man who fell from height and sustained a spinal cord injury. On that case there were liability issues. Securing the right witness and expert evidence was important. Pressing for a liability trail by commencing court proceedings as soon as we could was the right thing to do. It led to us resolving liability and then being able to secure an interim payment which allowed for home adaptations, treatment, and rehabilitation to be arranged. Ultimately, we secured a substantial settlement.
Tell us a little about your life outside of work
I have two very busy children who both play grassroots football and I manage one of their teams and help as a coach in the other team. We all enjoy our trips to watch Sheffield Wednesday, where we have had season tickets for many years now. In the summer it is cricket all the way. My youngest is a talented batsman and wicket keeper. My playing days may well not be quite over either!
