Last Updated on 18.5.22 by Gary Boyd
Compensation enables victims to make a plan for life and gives them autonomy over their future
Spinal cord injuries (SCIs) can have devastating effects on people’s lives. As well as the large restrictions such injuries place on victims’ physical capabilities, it can also put a strain on their finances, familial relationships and ability to work.
While SCIs are lifelong conditions, there’s support and treatment available to help victims achieve a fulfilling and rich life. To help them achieve this, they must get the compensation they deserve.
A good personal injury lawyer will not only help their client acquire early funding to support their new circumstances but also provide access to a network of experts who’ll help them create a plan for life to ensure their compensation can support them long term.
Gorvins has a specialist spinal cord injury department run by practice partner, Gary Boyd. Below, we present a recent case study of a significant settlement that was achieved for one of our SCI clients.
Working with Gerard McDermott QC, Gorvins undertook a case where Person A (the claimant) was thrown from a horse resulting in a C6/C7 spinal cord injury. The injury was such that the client was diagnosed with incomplete tetraplegia. Person A argued that the accident was down to the negligence of Persons B and C (the defendants). The claim was based on the defendants being the owners of the horse which due it size, breeding and sensitive nature was inappropriate for an inexperienced rider such as person A.
Gorvins’ client claims the defendants had not advised her of the characteristics of the horse and she had agreed to trial ride the horse with a view to ‘hacking out’ i.e. safe, ambling rides on a horse suitable for someone with her low-level experience of horse riding.
However , the very sensitive horse, after being mounted by the client , quickly transitioned from walking to trotting and then to canter, contrary to the client’s intention. It cantered the length of the field before bucking and throwing the client who landed on her head on the ground.
The claimant also alleged the defendants ill-advisedly and contrary to established good practice forcibly moved her post accident. Whilst again denied by the defendants, Gorvins acquired expert evidence supporting their client’s claim and confirming such negligence would have contributed to the claimant’s injury and substantially increased their consequential disability.
Working with lead Counsel, Gerard McDermott QC on the case, Gorvins sought a large sum to support Person A’s recovery and to enable them to make a plan for life to support their new circumstances.
Supporting our client through their spinal cord injury
Liability was vehemently denied throughout the claim making it difficult to secure funding for early case management and rehabilitation. However, the defendants’ insurer was persuaded to provide some insubstantial early funding under the Rehabilitation Code , facilitating an Immediate Needs Assessment, some basic rehab and the provision of aids and equipment .
Along with Gerard McDermott QC, Gary Boyd and the injuries team were able to attain a settlement of £1.75m for person A in this hard fought and difficult case on liability. This will provide a significant amount with which to fund the support, rehabilitation and quality of life-enhancing activities person A will need going forward.
While spinal cord injuries are life-changing in every sense, the compensation person A received should give them the best chance possible of living a fulfilling life and enable them to make a plan for the future that’s bright and hopeful.
Gorvins would like to thank Gerard McDermott QC for his stellar work as main counsel throughout the legal process.
If you’ve been a victim of spinal cord injury, Gorvins can help find you the support and compensation you need for a better quality of life. Contact Gary Boyd today for a no-obligation consultation about your case.
Tel: 0161 930 5117
Partner & Head of Military & Serious Sports Injury Claims, Military Claims