At the most serious end of the spectrum, the symptoms can include full paralysis. It is important when dealing with a claim of this severity that great care is taken when assessing the injured person’s past and future loss. Consideration will need to be given to the damages for pain and suffering, loss of past and future earning capacity, the requirement for special medical treatment, requirements for accommodation and domestic aids and appliances, requirements for personal care either provided professionally or by family members and requirement for past and future domestic assistance. Because of the debilitating nature of the symptoms and the effect on a person’s future ability to work spinal injury cases can lead to settlements of hundreds of thousands or even millions of pounds depending on the age and previous circumstances of the injured person.
It is not uncommon for those suffering from this condition to suffer from single or double incontinence. If this is the case then again consideration must be given to past and future care costs as assistance will be required for the remainder of the injured person’s lifetime.
A further relatively common side-effect of spinal injury is sexual impotence. Coupled with the already debilitating effects of the injury these additional problems can often lead to significant psychological symptoms for the injured person and these need to be fully considered before agreeing any personal injury settlement. In determining any damages for loss of sexual function, then amounts of compensation will depend again on the person’s age, position and whether or not they already have children.
Great care and sensitivity needs to be exercised when handling cases of this nature to ensure that the injured person receives as much rehabilitation and support as possible and also to ensure every possible means of financial redress is considered prior to settlement of the case. In serious cases of this kind the injuries the person has suffered will invariably render them unable to work and they will be in receipt of benefits during the period up to settlement of their case. It should therefore be borne in mind that if a substantial settlement is to be received this will affect the person’s benefit entitlement and it may be appropriate to make use of a personal injury trust which places the damages in trust and protects the individual’s position in relation to future benefits claims (although this again is a complex issue and requires suitable expert advice depending on the individual’s circumstances).
