£7m settlement for a client who suffered a spinal cord injury following a road traffic collision.

Background

Our client was a 26-year-old man who was travelling to work in his vehicle for the first day of his new job. The Defendant was driving on the wrong side of the road and drove into the path of our client. As a result of the accident the Defendant died at the scene from his injuries and our client has sustained life changing injuries.

Our client sustained multiple injuries including a spinal cord injury which caused him to suffer from permanent cauda equina syndrome symptoms. Our client underwent surgery and was later transferred to a spinal cord injury unit for intensive rehabilitation. In addition, our client suffered various additional orthopaedic and psychological injuries, as well as bladder and bowel dysfunction. Our client remained in hospital for many months due to the severity of his injuries.

Following his treatment and rehabilitation, our client was able to mobilise with aids but still heavily relied upon the use of a wheelchair.

The case

A civil claim was brought against the driver and the insurer of the vehicle under section 151 of the Road Traffic Act 1988. Aspire Law were proactive early on in arranging a meeting with the legal representatives of the Defendant Insurer where an admission of liability was secured.

Aspire Law instructed a case manager to conduct an Initial Needs Assessment to ascertain what our client’s rehabilitation needs would be from an early stage. Following this, the Defendant Insurer agreed to fund our client’s therapy and rehabilitation goals under the Rehabilitation Code. They also agreed to fund other aspects of the claim such as accommodation and transport by way of general interim payments.

Aspire law were keen to adopt a collaborative approach with the Defendant Insurers and held regular meetings with them to discuss our client’s progress in terms of his rehabilitation and other general living needs. This approach allowed Aspire Law to secure further interim payments and funds under the Rehabilitation Code, throughout the life of the claim.

How Aspire Law helped

The funding secured enabled the case manager to recruit a multi-disciplinary rehabilitation package for our client so he could continue to achieve his rehabilitation goals. These included securing a private physiotherapist to help our client achieve his goal of building up strength and daily exercise routines to maintain this; using a private occupational therapist to investigate available equipment options and to cover aspect of daily living and transport needs; and a private psychologist to help our client deal with the trauma following the

accident and life changing injuries as well as learning to adapt to a new way of life. In addition private therapists and advice were sought in relation to Sports Therapy, Hydrotherapy, Orthotics, Dietician and where appropriate, therapy provided. The case manager liaised with our client’s treating consultants in areas such as Neuro-urology for issues surround repeat urinary tract infections which are common for people with a spinal cord injury.

The Defendant Insurer agreed to fund the assistance of a property finder by way of general interim payment to work alongside the case manager in finding suitable accommodation. His pre-accident accommodation was at his parents’ house and, although it had been adapted for his needs, it was not suitable for the longer term. Our client required sufficient space for equipment and home rehabilitation sessions to take place as well as a suitable property to start a family in the future. Our had also intended to move out of his parent’s home prior to the accident.

A suitable three-bedroom detached bungalow rental was found during the Covid 19 pandemic, and considered suitable for our client’s needs. Due to the pandemic, sourcing materials for the adaptation works caused long delays and lead times for the completion of the work. The costs of materials also rose due to the pandemic. Aspire Law ensured that all costings for this were covered for the duration of the tenancy agreement and regularly informed the Defendant Insurers of progress. Our client also worked with his case manager to explore having a personal assistant to support his care needs whilst Aspire Law quantified his care needs that were going to fluctuate throughout his life.

Settlement

During the life of the claim, Aspire Law were able to assist and secure funds to enable our client to work towards maximising his recovery through a private rehabilitation package, and quantifying the impact his injuries would have on his immediate and future needs. Various expert fields were explored, and the following expert reports were obtained in the following disciplines to assist in quantifying the claim for past and future losses:

• Spinal Cord Rehabilitation
• Orthopaedic Surgery
• Neurology
• Urology
• Neuropsychology
• Psychiatry
• Orthopaedic Surgery
• Neuro-gastro
• Pain Management
• Care
• Occupational Therapy
• Orthotics
• Physiotherapy and technology
• Accommodation
• Transport
• Financial Advice

 A round table meeting took place with the Defendant Insurer’s legal representatives and following negotiations, the case settled in 2022 for £7 million inclusive of interest, interim payments, and recoverable benefits.