Stewarts Law: calculating compensation for clients with spinal cord injuries

In our last week as a guest post writer for SIA, this article outlines the considerations the court take into account when assessing the level of damages. We share the story of how damages were assessed in the case of three backpackers in Australia, securing financial peace of mind for them in the context of an international claim.

At the outset of working together with a client, we provide them with a broad assessment of the likely damages they will receive. Each case is decided according to the severity of the injury and the needs of the particular individual. Every case will be different.

The English courts attempt to put the claimant, in so far as is possible, in the position that they would have been, had the accident not occurred.

Damages can be awarded both for the injury itself and for current and future costs and financial losses. These may include loss of earnings, the cost of care, suitable and adapted housing, equipment and medical expenses.

As specialists in spinal cord injury, we not only represent our clients in court if needs be, but we also strive to help them with every legal issue that arises. Our exclusive focus on serious injury claims has enabled us to deliver exceptional client service. Our lawyers appreciate that the demands of those with spinal cord injury differ from those with lesser injuries.

We handle one-fifth of the number of cases handled by most other personal injury lawyers, thereby ensuring a high level of service. Over the last three years, the firm’s Personal Injury department has concluded more than 200 cases, recovering an average of over £2 million for each client.

We successfully concluded a claim on behalf of three young Britons who were seriously injured in a tragic accident whilst travelling in Australia. They joined a group of other young travellers on a self-drive off-road trip around Fraser Island in Queensland. The Toyota Land Cruiser Troop Carrier they were travelling in was being driven along a beach by another young British man when he swerved to avoid an oncoming wave and rolled the vehicle.

Two passengers died in the accident and others sustained a variety of serious injuries, including spinal cord injuries. S suffered incomplete paraplegia, R suffered orthopaedic and internal injuries and C suffered a spinal fracture and the bereavement of a close friend who was killed in the accident.

All three instructed Julian Chamberlayne of Stewarts Law to bring claims for personal injuries against the driver of the vehicle and the Australian insurer of the jeep. This was prompted by Julian's unique specialisation in representing those seriously injured in overseas accidents, including representing the spinal injured claimant in the landmark House of Lords decision in Harding v Wealands.

Julian swiftly obtained an admission of liability from the Australian insurer, although technical evidence reconstructing the accident was required to analyse issues relating to the effectiveness of the lap-belts fitted to the jeep in a high speed roll-over accident like this one.

The case had two substantial hurdles to overcome to achieve what we felt was an appropriate level of damages for our clients. By using our in-depth knowledge of international law, we advised S, R and C to bring their claims in the English courts, even though the accident occurred overseas.

The first hurdle to overcome was establishing jurisdiction in English court and English-applicable law, when the accident had occurred in Australia and the vehicle, activity organisers and insurers were Australian. The two hooks we used to establish English jurisdiction included the fact that S, R and C were residents of England and the driver of the jeep was from Liverpool.

This crucial decision enabled them to recover at least 30% more compensation than they would have done in Australia. In the early stages of the High Court proceedings, the Stewarts Law team then successfully negotiated settlements with the Australian insurers and their lawyers based on English legal principles.

The second complex issue was establishing the loss of earnings. Both S and R had first class economics degrees, but had not yet started full time work at the time of the accident. We commissioned reports from investment banking experts to calculate the long-term impact of the serious injuries they sustained on their likely careers in the financial services sector.

S commented: 'The entire team at Stewart's Law left no stone unturned when it came to ensuring I received the correct level of damages after suffering such horrific personal injuries. In fact, their efforts completely exceeded my expectations. I can now happily move forward in my life with the knowledge and confidence that all my current and future needs will be more than adequately met.'

We ensured that future loss of earnings was taken into consideration alongside the more apparent losses at the time. This forensic attention to detail, both in terms of reconstructing factual events for courts to make fully informed decisions and in assessing the needs of our clients both now and in the future, helps us to achieve robust outcomes.

For more in-depth information on the legal challenges faced by English claimants injured in Australia and beyond, please click here for the article.

More information about Julian Chamberlayne, Partner in our Travel Department at Stewarts Law who specialises in overseas personal injury litigation and led S, R and C’s cases can be found here.

Read more about our work with SIA here.

Stewarts Law: securing interim payments for clients with spinal cord injuries

In our fourth blog post, we discussed the importance of bringing viable claims in order to meet the short and long term needs of those affected by serious injury.

In this post, we address how interim payments are often crucial for victims of accidents to help them adjust to life with a spinal cord injury and return to Issy’s story.

We have discussed how we represented the young and ambitious Issy Sale who has complete tetraplegia, following a car crash when she was nine in July 2005. She sustained severe damage to her spinal cord, resulting in complete tetraplegia. Issy Sale will be dependent on a ventilator for the rest of her life and uses a chin-controlled electric wheelchair.

We recognise that early access to interim payments can make a real difference and are aggressive in pursuing interim payments for our clients so that they can, at an early stage, make arrangements in relation to treatment, rehabilitation, care, equipment, transport and accommodation.

In Issy’s case, interim payments were critical to enable Issy, her father Dr Andrew Sale, her mother and older brother Ted, to buy a more appropriate home in Ludham.

Paul Paxton of Stewarts Law represented Issy and her family. Her mother’s insurers quickly admitted liability and made substantial interim payments.

Despite her injuries, Issy - whose IQ puts her in the top 4% of her age group – has just completed her AS-levels and is aiming for a Russell Group University and a career in languages. Mrs Justice Nicola Davies, who approved the final compensation award at London's High Court, said one could not but feel "humbled and impressed" at Issy's extreme bravery and fortitude.

The judge, who later came down to sit by her side for a private chat, added: "It's utterly remarkable what you have achieved. GCSEs and A-levels are not easy for anyone and to have done what you have done is fantastic."

Issy’s successful claim reinforces the importance of assessing immediate and long-term needs to make an adequate and appropriate award of interim payments combined with damages.

Read more about our work with SIA here.

More information on Paul Paxton, Partner at Stewarts Law who specialises in complex personal injury claims, and led Issy’s case, can be found here.

Stewarts Law: securing funding for exoskeletons on behalf of those with spinal cord injury

Dale Messenger in Cape Town

Stewarts Law specialise in catastrophic personal injury work and as part of our series taking you through the process of claiming compensation, we wanted to share with you recent success in securing damages to fund exoskeletons for suitable clients.

We recently acted on behalf of a serviceman in the case of Dale Messenger v Ministry of Defence. Our client suffered serious spinal injuries in October 2009 during a live ammunition training exercise in the Falkland Islands. During the exercise, Dale was accidentally shot by another soldier with the bullet passing through his right hip and out of his left hip. As a result of the shooting, Dale was left paralysed and is wheelchair dependent.

Stewarts Law pursued a claim against the Ministry of Defence and liability was admitted in full, with the level of compensation agreed in September 2014. Dale Messenger recovered 100% damages including damages in excess of £550,000 to cover the cost of an Ekso exoskeleton. The costs for the exoskeleton covered the walking frame with replacements and its associated costs over the course of Dale’s lifetime. 

According to Ekso Bionics who manufactures the Ekso suits, this was the first known recovery of damages in England and Wales for this type of equipment.

When thinking of bionic exoskeleton suits, futuristic robotic uses often primarily spring to mind. The term ‘exoskeleton’ has its source in nature, referring to the outer skeleton that some animals have to support and protect them. 

Exoskeletons were primarily developed for military uses. They are used to provide protection, and give servicemen the ability to bear huge weights, in the field and in rescue operations to recover victims without significantly moving them.

BBC News has reported on the ‘rise of the exoskeletons’ which explores how the suits are becoming ever more sophisticated with technological advances. 

Crucially, exoskeletons are becoming commonplace in patient rehabilitation. This is one of the most exciting areas of development in the field of spinal injury and one that Stewarts Law takes a keen interest in. The devices are aimed at getting the spinally injured back on their feet and walking again. 

The Ekso exoskeleton allows Dale to pursue therapeutic walking. We have seen first-hand that this makes a huge difference to our clients. Whilst offering the various positive physical benefits that one might expect, walking in the Ekso resulted in significant pain relief for Dale.

Dale, who is also an Ambassador for Ekso Bionics, travels the world demonstrating the Ekso.

According to Ben Rogers, Partner at Stewarts Law who represented Dale, “This settlement reflects both the ability in principle to recover damages for the Ekso and of course the need to instruct a specialist lawyer to assist with such a claim.”

Dale Messenger demonstrates the Ekso for Ekso Bionics in Cape Town

The Ekso has made a big difference to Dale who says “During my case, many subjects were discussed and items of equipment reviewed. One such item was the Ekso and it proved to be more valuable than I could imagine. The benefit I get from the Ekso ranges from pain relief, improvements to my bladder/bowel function and more recently, an increase in my motor function and sensation. Stewarts Law worked continuously to ensure that I was kept up to date for the duration of my case and the acquisition of funds for the Ekso in my settlement just shows how dedicated they are. I cannot thank them enough.”

This is a field which is rapidly progressing and we expect to see more claims that secure people access to exoskeletons.

Read more about our work with SIA here. 

 

Ben Rogers, a Partner at Stewarts Law, represented Dale Messenger and advises on all aspects of catastrophic injury, with particular expertise in spinal cord, brain, complex orthopaedic and amputee injuries.