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, which is where there is a loss of movement and sensation in both the arms and legs. However, in the last two decades, developments in the field of medicine and computerised technology have considerably improved the outlook for spinal injury accident victims.
So what has changed to make independent living possible for loved ones with a severe form of spinal injury?
In 1985 the famous cosmologist and astrophysicist, Professor Stephen Hawking lost his power of speech as a consequence of a progressive and degenerative disease called Motor Neurone Disease. For a time, the only way Professor Hawking could communicate was by raising his eyebrows as his assistant pointed to a specific letter on an alphabet board, slowly spelling out each word he wished to use. As a leading academic, Professor Hawking was well known globally amongst expert mathematicians and programmers, and when Walt Waltosz from California heard of his plight, he was able to develop and refine an existing computerised system so that a voice synthesiser could be controlled by a button, or any small eye or head movements could be used to spell out words and convert these movements to synthesised speech. The same technologies were further developed to enable paralysed individuals to control household functions such as heating, lights, doors and windows, greatly enhancing the quality of life of individuals with a spinal injury.
However, the technologies that offer loved ones with a spinal injury the ability to live independently do not come cheaply.
Fortunately, in the case of accidental spinal injury, nearly all cases will be covered by some form of insurance against which a compensation claim can be made. This compensation claim must cover the ongoing costs of care, equipment, adaptation of homes or provision of a living space suitable for a wheelchair. Additionally, any claim must be sufficient to provide care for the natural life of the person with a spinal injury.
When a family has to adapt to the realities of having a relative with a severe spinal injury, the list of requirements and help that are needed immediately can be overwhelming. So where can families turn to for help?
It is important to understand that once a settlement has been made, a spinal injury compensation case cannot return to the courts to seek additional funds at a later date.
When selecting a legal firm to pursue a spinal injury compensation case, family members should check how many cases that firm has successfully completed to date. What spinal injury compensation awards were achieved in the past, and were they adequate? If possible, families should ask to see case history reports for any similar serious injury compensation claim. If these are not available, they should ask to speak directly with past clients to see what practical assistance was received over the course of the claim.
When the family has satisfied themselves that any prospective solicitors are suitably experienced in pursuing a spinal injury compensation case, they should also ask:
• Will a Case Manager be appointed so that they can always speak to someone who is familiar with their individual case and its history?
• Will the firm of solicitors help them to find and manage the specialist care teams? Will they help to source any equipment the family may need to support assisted living for someone with a spinal injury?
• Will the firm help them to deal with any issues or unforeseen requirements that may arise over the course of the claim?
• Will this assistance extend to the years after the compensation award has been made?
• Will these services be adequate to support a spinal injury victim, and will they be provided free of charge?
The time taken for a settlement of a spinal injury claim can be as long as five years, and while the case is being heard there will still be requirements for specialist equipment and care, as well as adaptations to homes and vehicles. Interim awards for spinal injury can be sought from insurers to help the family with any immediate requirements, and especially whilst the compensation case is being prepared and heard.
Whilst it will be a distressing time for all concerned, it is essential that the family chooses a firm of solicitors that will be able to give them all the assistance they will need to care for a loved one with a spinal injury at home. Taking time to choose the right legal practice with sufficient knowledge, contacts and experience of past claims will be vital to achieve a positive outcome.
Author Resource:-
Neil Glover. Personal 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, http://www.seriousinjurylaw.co.uk/, 0800 61 66 81
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