Compensation is the best a civilised society can do to deliver a measure of justice to persons injured through the negligence of another. But no amount of money can ever turn back the clock. Does compensation make a difference after spinal cord injury and if so, what sort of difference?
The spinal cord injury claims we deal with are typically cases where we will be seeking literally millions of pounds in compensation in each claim. When the amount of money in issue is in that sort of figure instinctively it seems likely to be making a huge difference compared with what the situation would be without it.
Most people who suffer a spinal cord injury do not have grounds to make a compensation claim. Where they were injured by something that happened without any fault or blame on the part of someone else that will typically (though not always*) mean that their ongoing and lifelong medical, care, employment, equipment, therapies, accommodation, and other injury related needs will need to be met by a combination of their savings, what the State deems necessary or safe and can provide, and often charity. The needs or losses their injury would justify potentially millions of pounds of compensation for are the same, but there is no opponent to claim that compensation from: nothing someone else did or did not do negligently resulted in the spinal cord injury happening as it did.
Anecdotally it used to be said that as few as 3/10 spinal cord injuries result in a compensation claim. As cars and working and recreational practices get safer – and as patients with spinal cord injuries caused by infection, disease, and other predispositions (a population living longer) become more prevalent in the spinal cord injury rehabilitation centres, that 3/10 anecdotal figure might be over stating the proportion of people who can bring a compensation claim. Against that though there does appear to have been an under estimation/reporting of the numbers of people who suffer spinal cord injury. From the anecdotal 1000 injuries a year, it seems to be generally accepted the figure might be closer to 2500.
If it is accepted that several million (or even several hundred thousand) pounds of compensation must make a difference, it begs the questions about how and to what extent.
In our experience of helping people to recover compensation after spinal cord injury the all-pervasive but possibly less obviously tangible differences are hugely important. The difference compensation makes is bound up in things like a measure of control and independence being regained and preserved. Compensation often brings financial security, a peace of mind, and self confidence that the injury itself will often have diminished or removed. The ‘ability to live rather than exist’ is how several clients have explained it; or ‘the ability to do what I would like to do when I would like to do it’. Others talk about being able to explore opportunities to try things they thought impossible; and to find new meaning and purpose in things. Many talk about a weight being lifted when the compensation is secured; and just as many seem to be genuinely surprised that the claim is over and that the end of that chapter of their life can finally close for a new one to begin.
On a practical level compensation can make an obvious difference where the injured person and perhaps family members cannot work and earn as they did previously. The importance of knowing that there is financial security where there had been a concern about ever being able to work again cannot be underestimated. Sometimes compensation might help open new opportunities to train and work doing something else entirely.
The sort of care that is reasonable after a spinal cord injury is significantly different to the sort of care a cash strapped State/Local Authority might deem safe. Having to wait to be turned or dressed, or helped to get up or go to bed; or to have bowel and bladder routines managed; or to eat, or to go out can be grindingly dispiriting and demeaning. Compensation often gives the individual an opportunity to significantly increase the amount and possibly quality of the care they can access and to pay for case management that can help source and engage that care. Perhaps even more importantly it can help lighten the load for a spouse, partner, or other family members where that person’s identity might otherwise morph from what they were in to ‘carer’ all too easily.
Compensation can help access quality therapies that can otherwise be patchy outside the hospital environment. Being able to afford private physiotherapy and hydrotherapy with regular goal setting and review, and training carers to help keep programmes working; and having the equipment to better achieve physiotherapy goals can mean the world to people who otherwise find that they encounter physical and indeed psychological problems without an effective physio regime.
Being able to call in other therapists’ input and support is also hugely important where having the right routines, equipment and opportunities are in issue. Having the right wheelchair or wheelchairs, the right cushion, the right bed, or hoist; the right car and the right things to maximise independence can have a substantial impact on quality of life.
Assistive technology can have a huge impact on the ability of someone with a spinal cord injury to be independent and secure. The operation of gadgets all around the home from consoles adapted to meet the needs of the injured person can make all the difference to a person who without them may be almost totally dependent on others. When so much is taken away by the injury, any independence that can be clawed back seems to be hugely prized.
Of course, adapting existing or new accommodation to meet new needs post injury is likely to be a key consideration for anyone with a spinal cord injury. What can be achieved with existing property and by grants and savings is often restricted and limited in comparison with the freedom to explore the complete range of options that might reasonably be available where compensation is paid. We have seen the massive difference between pre-compensation living and post compensation living arrangements – adapting a new property to building an entirely bespoke property on land acquired for those purposes can bring so much satisfaction to the injured person than otherwise might have been the case.
The process of claiming compensation can be arduous and seemingly never ending in some cases; but the relief and the positive psychological impact securing compensation can achieve for a person who suffers spinal cord injury, and their family, absolutely makes a difference. Using our skills, expertise, and experience to make that difference, and achieving that outcome is what makes us passionate about what we do.
*Spinal cord injury is not the inevitable outcome of a neck or back injury that may have been sustained with or without any fault on the part of someone else. It is a sad fact that potential damage to the spinal cord is often overlooked after what seem initially like more straight forward injuries. It is important to explore exactly how the cord comes to be damaged. Recovering compensation can after all make all the difference to quality of life post spinal cord injury.
To read more about Brethertons Spinal Cord Injuries Team - https://www.brethertons.co.uk/site/site/services/life-changing-injury-solicitors/spinal-injury-solicitors/
To follow us on Twitter - @neurolawyer
To contact us – telephone 01788 557617, or email jonrees@brethertons.co.uk or sianbuxton@brethertons.co.uk or allisonfitchett@brethertons.co.uk.
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