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| Andrew Lilley - Partner, JMW Solicitors |
When pursuing a case for
compensation for someone who has sustained injuries that will affect them for
the rest of their life, there used to be only one certainty; that they would
receive the wrong amount of compensation. This was because traditionally, lump
sum awards were more common and would be based on an educated guess not only as
to what the claimant’s future needs would be, but also how long they would live
to require that assistance.
Broadly speaking, the life
expectancy of most Spinal Cord Injured people is very similar to that of the
general population and so it was quite possible that you would be predicting
what might happen over the next 70 years. Ironically, the nightmare
scenario for Spinal Cord Injured claimants was that they would live longer than
expected and therefore run out of compensation in the later stages of their
lives when assistance was most needed.
Thankfully, this position has
changed and now as many of the claimant’s ongoing future losses as possible can
be included in an appropriately indexed annual payment that is paid throughout
the claimant’s life, and so a large part of this uncertainty has been removed
(although I have to add the lawyer’s proviso here that there are occasional
cases more suited to lump sum payments, but these are the exception and clients
will need specific specialist advice on that point.).
The ongoing need to
futureproof our clients’ claims was reinforced to me recently, when I
learnt of the heart-warming story of Irving Caplan. Mr Caplan is a
tetraplegic gentleman who was able to stand up and make a father-of-the-bride
speech at his daughter’s wedding, thanks to a special robotic exoskeleton suit,
created by a robotic exoskeleton organisation that specialise in providing independence to mobility
impaired individuals by using advanced robotic technology.
Mr Caplan was a cyclist who
was involved in a collision with an HGV and is exactly the sort of individual
we work with. His story is a stark demonstration of the need to attempt
to future proof your client’s claim to allow access to the latest technology
and medical treatments.
I recently settled a case on
behalf of a paraplegic client whom I’d been working with, who was originally
injured in 2002. She’s a minor and
throughout the course of the claim, one of the issues we needed to be aware of
was the need to cater for her as she grew and developed through childhood and
adolescence. Even during that short time
there have been developments in wheelchair technology for example that allow
new activities to become more accessible and thereby improve quality of life.
It is interesting to reflect
that at the date of my client’s injury, home internet use was in its infancy,
and communication aids that we all now rely on daily such as social media, iPads
and Skype were not available. When it
came to settling the claim, after consultation with the Spinal Consultant I ensured
that a sum was included to ensure that provision was made within the claim so
that she could keep availing herself of future treatments (which by their
nature are unknowable at the time the claim is submitted) as they
developed.
Mr Caplan’s story raises
further questions as to what could be considered possible. Clearly the
technology referred to is a long way from a practical solution for someone who
has suffered a spinal cord injury. However, it is only 70 years this year since
Dr Guttman founded the National Spinal Cord Injuries centre at Stoke
Mandeville; only just over 50 years since the first Paralympic games and 20
years ago when I qualified as a solicitor, this sort of technology was entirely
inconceivable. It is both exciting and
daunting to consider the potential future aids and equipment that may be available
within the lifetime of current claimants. It is vital therefore that an
appropriate expert is selected who is prepared to consider these future
possibilities.
The need to keep abreast of
developments and crucially, to raise public awareness of the needs of SCI
patients mean that in their 40th year, the work of the SIA is more
needed than ever. Not least to ensure
that such cutting edge research into possible uses of new technology is
continued. If the same progress can be made over the next 20 years as has
been made in the last 20 years, it is exciting to consider what options we may
be able to discuss in the charity’s diamond anniversary (and I look forward to
discussing them with you then!).
To get in touch with me to
discuss how we are able to help those who have a spinal cord injury, you can
call me on 0800 054 6570, or email me; andrew.lilley@jmw.co.uk .
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