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Pursuing Spinal Injury Compensation Claims

 
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N Glover

In the middle of the 20th century, individuals suffering from a severe spinal injury were not generally expected to survive. This was especially true of a spinal injury that resulted in a quadriplegic paralysis. Qudraplegia is where there is a loss of movement and sensation in both the arms and legs. However, ongoing advances in medical technology mean that the survival rates of individuals with a very serious spinal injury have dramatically increased, presenting new challenges for the victims and their families. The good news is that advances in cutting edge technologies are now available that permit a large degree of independent living for even the most seriously injured individuals. A reasonable quality of life is achievable.

Computerised technologies have been developed over past decades to assist individuals with a spinal injury or a severe disability. Patients with severe spinal injury whose vocal chords have been affected can now speak through the use of a voice synthesiser; simple eye movements can be used for computer control of doors, windows, lights, heating and other household appliances. All in all, these technological developments mean that individuals with a serious spinal injury can lead a full and rewarding life.

However, technologies that offer victims of accidental spinal injury the ability to live independently are expensive. When pursuing a compensation claim from insurers, it is essential that expert advice is sought to ensure that the claim made is large enough. The compensation award must be sufficient to cover the ongoing costs of care, equipment and provision of a living space suitable for the spinal injury victim, and the claim must be large enough to last for the lifetime of a loved one.

Rightly or wrongly, once a settlement has been made for a spinal injury accident, there is no recourse for either the victim or their families to apply to the courts for additional funds at a later date.

Fortunately, families don't have to go through this process alone. There are many charities that can offer some advice and guidance in the early stages of deciding what care and support packages will be required in the years ahead. Expert practical help can also come from an unexpected quarter; the legal firm selected to represent the family in their spinal injury compensation case.

It is vital that any insurance claim for spinal injury is conducted by expert solicitors with a great deal of experience of conducting severe injury compensation cases. Only legal firms that have successfully conducted serious injury compensation cases will have a thorough grasp of the costs that will have to be met over the lifetime of a spinal injury victim.

To help select a legal firm, useful questions that can be asked include:-

- Are case studies available to be examined so that the firm can demonstrate its experience in dealing with serious injury compensation cases?

- Is a Case Manager appointed for your loved one so that you can always speak to someone who is familiar with your case?

- Will your solicitor help find the specialist care teams and equipment the family will need to support assisted living for someone with a spinal injury?

- Will the firm help you deal with any issues or unforeseen requirements that may arise over the course of the claim?

- Will this assistance extend to the years after your award has been made?

- Are these services to support a spinal injury victim provided free of charge?

Families should also examine what services are offered by the legal firm to assist in the care of a loved one with a spinal injury whilst the claim is settled. The solicitors should also be prepared to seek an interim award for spinal injury from insurers to help with any immediate costs, as claims can take up to five years to reach a final settlement.

Taking time to ensure that the legal practice selected is fit for the task can save a great deal of needless stress and heartache at a most difficult period for all concerned. However, it is also worth remembering that it is always possible to change legal representation at any stage, especially if the firm selected fails to live up to expectations.

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Neil Glover Serious injury lawyers with unrivalled expertise. Specialist services for spinal injury, brain, head and amputation clients from the UK's leading specialised injury law practice. ng@seriouslaw.co.uk

Article Tags: firm [See Dictionary], injury [See Dictionary], spinal [See Dictionary]
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Article published on March 19, 2009 at Isnare.com
 
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