Emma Potter, Partner in the Guildford Serious Injury Team has achieved a seven figure settlement for a client who sustained a T7 (ASIA-A) – spinal cord injury following an accident caused by the negligence of a local council and a contracted arboriculturist company.
Background to the spinal cord injury
Whilst walking to work, our client was hit by a falling tree that had extensive fungal decay. The ornamental cherry tree was situated on land owned by the local council and was subject to a visual inspection that had been contracted out to a specialist arboriculturist company. Their responsibility was to inspect the tree and to make necessary recommendations if it could be a danger and then remedial action could be taken. They failed to provide the safety guidance and as a result, the tree failed, crushing our client beneath it. This resulted in him suffering catastrophic and life changing injuries.
Our client was admitted to St George’s hospital.
The principle injury was the T7 spinal cord injury (ASIA-A), rendering our client paraplegic. Additional injuries included multiple spinal fractures and lower limb fractures.
He also suffered a head injury, including a temporal lobe contusion, parietal haematoma, and scalp injuries.
In the wake of the injury, our client faced severe health challenges, including:
- Loss of sexual function
- Neurogenic bladder causing incontinence
- Recurrent urinary tract infections
- Bowel dysfunction
- Vestibular disturbances and hearing loss, requiring a hearing aid
This traumatic accident also meant that our client could not be present for the birth of his first child, which deeply affected his family dynamics.
Outcome
The two Defendants denied responsibility for the accident and so we built a case to demonstrate their negligence using specialist arboriculturist expertise to consider their respective duties and what they should and could have done to prevent this tragic accident. We had to issue Court Proceedings and this led the Defendants to finally take responsibility.
Whilst liability was being contested, our team immediately arranged for rehabilitation services through a private rehabilitation provider working alongside NHS provision. Funds had to be carefully allocated with the assistance of a case manager, but we were able to arrange temporary suitable accommodation for the family and the purchase of wheelchairs and mobility equipment to improve the client’s independence and access to the local community.
Once liability was admitted, the Defendants fully engaged with the Rehabilitation Code, funding the necessary treatments and other specialised care to help our client cope with his injuries and regain as much independence as possible.
Due to the permanency of his injuries, our client now leads his life limited by his wheelchair along with bladder and bowel dysfunction, impaired mobility, permanent neuropathic pain, loss of sexual function, hearing injuries and psychological effects. These distressing disabling problems have had to be managed by his family and has impacted on his activities of daily living and rendered him unable to return to work.
The impact of his injuries has put a significant strain upon his personal relationship with his wife and engagement in the raising of his young daughter.
Understandably, both our client and his wife suffered psychologically due to the change to their lives. Family dynamics have changed and raising their child has fallen predominantly upon his wife. She has not been able to return to work following her maternity leave.
To ensure that the compensation obtained would provide for everything he would need in the future, we had to obtain extensive expert evidence to consider his present position and requirements for the future in terms of medical and treatment support, an appropriate care and accommodation package and aids and equipment.
This evidence was critical in determining the true value of the claim and enabled us to secure a seven-figure settlement that will provide for our client’s future medical care, living expenses, and necessary support throughout his lifetime.
Supporting our client
This case was particularly challenging, given the initial denial of liability and limited access to rehabilitation funding. However, our team’s thorough approach, strong case preparation, and collaboration with the Defendants led to a successful outcome.
Throughout the process, we provided ongoing support to the client and his family, ensuring they had access to rehabilitation services, expert care, and the necessary resources to manage the impact of the injury on their lives. By working closely with all parties, we were able to address the immediate needs of our client while also securing a compensation package that would support him for years to come.
This case highlights the importance of expert legal representation in serious injury claims and the value of a personalised approach for clients facing life-changing injuries.
How Moore Barlow can help
At Moore Barlow, we have a unique way of helping people with spinal cord injuries. We have teamed up with Aspire, the national spinal cord injury charity, to form Aspire Law: the only UK law firm to specialise solely on representing and supporting people with spinal cord injury claims. The result is a service that addresses every issue you may face, from housing, care, education and rehabilitation to emotional and family support.
