Essential training for Case Managers, Occupational Therapists and those working in the legal sector representing clients with a Spinal Cord Injury.

Krissi Fletcher, France+Associates’ Head of Strategy and Client Care planned and organised a day-long training event on Tuesday 26 March 2024 for those working in the field of spinal cord injury litigation.

This important training day gave an intimate first-hand insight into living life after a spinal cord injury, how the condition affects the person immediately after injury, its impact on the day-to-day lives of those injured and the long-term implications: financially, emotionally and physically.

The day was expertly presented by Associate Solicitor, Jonathan Fogerty of CFG - who has himself been a tetraplegic and a wheelchair user for over 35 years following his injury in 1988 as a teenager, aged 14.

Because of his background, Jonathan has a keen interest in representing clients with a spinal cord injury. He is a strong advocate for those living with a disability.

Identifying rehabilitation has been key for Jonathan to improve the immediate quality of life of his clients and for them to become as functionally independent as possible.

Find out more about Jonathan Fogerty: www.cfglaw.co.uk/meet-the-team/jonathan-fogerty

Find out more about CFG: www.cfglaw.co.uk

The event was hosted at the Marketing Suite of Symphony Group Plc in Barnsley, South Yorkshire and facilitated by Rob Newton, Head of Marketing and his team. 

During the morning, Jonathan talked intimately about his own spinal cord injury. Aged 14 years old, he dived into the shallow end of his school swimming pool. His head struck the bottom of the pool, breaking his neck at C5/6 and instantly rendering him tetraplegic, paralysed and a wheelchair user.

Jonathan gave an honest, touching and often shocking account of his accident, his immediate care, treatment and his long-term rehabilitation at the Southport, (North-West Regional Spinal Injury Centre). 

Following his own personal account of his injuries and condition, Jonathan proceeded to discuss his experience in dealing with personal injury claims over 20 years and now as an Associate Solicitor at CFG.

Jonathan provided a summary of a personal injury claim, emphasising the importance of establishing liability and determining who was at fault early on in the claim.

He explained how personal injury claims are funded and how solicitors advocate for their clients to secure the best possible outcome.

Jonathan stressed that fault is not always clear-cut and that contributory negligence can in some cases be a significant factor to consider. He cited examples such as a failure to wear a seatbelt in a road traffic accident, neglecting to wear hardhats on construction sites, or disregarding warning signs as instances where a claimant's award of damages might be reduced.

There are various types of claims, including military, industrial, road traffic accident collisions and criminal injury cases. Each has its own characteristics and it is important to approach each case individually and consider the facts of each case.

In simple terms, Jonathan explained that in many cases, it can be preferable to settle a compensation claim through legal representation, negotiation and discussion with the defendant rather than pursuing court proceedings.

He believed it was a solicitor's responsibility to negotiate and collaborate with the defendants, to try and avoid the often costly and time-consuming court process and which may not always result in a more favourable outcome for the claimant.

Following the overview of claims, Jonathan elaborated on the settlement process, discussing whether a personal injury claim should be settled with a single one-off payment or instead on a periodical payments basis, with annual payments made each year for the rest of a claimant's lifetime.

Jonathan explained that while receiving a lump sum settlement might be attractive to claimants, it can prove difficult to manage that money for the rest of a lifetime and if not properly invested, there is a risk it will not fully meet the claimant's needs, as they age.

Periodical payments on the other hand provide the surety of an annual payment based on the claimant's life expectancy and for example, their long-term care needs. In all cases an expert report should be obtained to advise the parties and the court of the suitability of such a settlement. 

The day would not have been the same without the humility of Jonathan and Adam Thomas’, playful banter.

Adam is Symphony’s very own accessible kitchen design consultant and is a wheelchair user and paraplegic after a spinal cord injury sustained in a road traffic collision.

The training day was interspersed with their thought-provoking anecdotes and conversation around their personal experiences of living life with a spinal cord injury. 

Jonathan introduced the afternoon session with a spinal cord injury quiz designed to test our knowledge of spinal cord injuries.

The quiz proved popular, providing an insight into the statistics, causes and specific diagnoses associated with spinal cord injury. It tested attendee’s knowledge of related conditions resulting from spinal cord injuries, revealing gaps in our understanding. 

Some conditions were unexpected, highlighting the broader impact beyond physical injuries, including psychological effects on individuals and their families.

Moreover, the quiz clarified distinctions between tetraplegic and paraplegic injuries. Following the quiz, Jonathan explored other issues related to spinal cord injuries, drawing from his personal experiences to discuss the life-changing effects.

He elaborated on short-term and long-term challenges, revealing that, for him, the most significant struggle was using a wheelchair for mobility but rather the impact that spinal cord paralysis has on bladder and bowel function.

Jonathan further addressed the impact other conditions have on those with spinal cord injury, such as autonomic dysreflexia, skin care and pressure sores.

He also explored the role of the UK spinal cord injury centres in rehabilitation, covering care needs, mobility aids, equipment, transportation and support in returning to work following injury. 

Adam Thomas, independent design consultant at Symphony

During breaks and lunchtime, Jonathan’s fascinating and thought provoking day was complemented by the expert knowledge of Adam Thomas, independent design consultant at Symphony, who provided expertise in the current planning and technological advancements of accessible kitchen design.

Adam demonstrated the new Symphony range of Freedom Kitchens which are specifically designed for the needs of those affected by mobility and physical health. 

The kitchens are particularly helpful to wheelchair users, older people and those

affected by dementia or memory loss. Adam explained the access issues of conventional kitchens for those affected by mobility difficulties and presented the solutions that Symphony have provided to overcome these challenges.

Symphony’s accessible range of kitchens can be seen at www.symphony-group.co.uk/brands/freedom 

During the lunch-break attendees were presented with delicious food created by celebrity chef, Peter Sidwell. Peter presented his freshly made delights of lunchtime bites and vegetarian, vegan and gluten free savouries.

More information about Peter Sidwell can be found on his website: www.petersidwell.com

Who can help? Charities and organisations

SIA – The Spinal Injury Association aim to reach everyone with a spinal cord injury, to tackle the barriers they face and to connect them to the help and support they need to flourish in their lives, in the way they want and choose. 

See more at www.spinal.co.uk

Spinal Injuries Scotland is a charity that wants to make a difference in society. We are ambitious to achieve positive change so that people with a spinal cord injury can live their daily lives in a more equal environment.

Peer Support is at the heart of what we do.

See more at www.spinalinjuriesscotland.org.uk

Spinal Research

Over the last 40 years Spinal Research has delivered major advances in the understanding of paralysis and spinal cord biology, creating the possibility of delivering meaningful therapies and ultimately finding a cure. 

See more at www.spinal-research.org

Back-Up

Is a UK charity, dedicated to supporting people affected by spinal cord injury to get the most out of life.

See more at www.backuptrust.org.uk

Aspire is a UK charity providing practical help to people who have been paralysed by Spinal Cord Injury, supporting them from injury to independence.

See more at www.aspire.org.uk

Spirit is a spinal injury charity with international reach, working to improve the treatment & care of people with spinal cord injury, throughout the world. It promotes the exchange of SCI skills and specialist knowledge worldwide.

See more at www.spirit-charity.co.uk 

France+Associates plans for further training events

France+Associates are currently planning a small, intimate training day: Life with Cerebral Palsy on 22 October 2024. The day will once again be hosted at Symphony's beautiful marketing suite at Head office, near Barnsley.

We are currently seeking suggestions and input for the specifics of the day. If you are interested in attending or would like to provide your suggestions for the event please email krissi@franceandassociates.co.uk. The event will once again be CPD accredited.

How France+Associates can help?

France+Associates work alongside solicitors, case managers and occupational therapists to help them provide the best solutions for their clients with a spinal cord injury.

France+Associates work with an expert team and their clients to create a bespoke accommodation solution fitted to their specific needs. This can be the conversion of an existing property or the complete design, planning and fit-out of a new build property.

France+Associates can also act as expert witnesses in personal injury claims. This provides clients with expert and specialised knowledge and opinion relevant to the specific accessibility needs of a claimant. These reports act as evidence to support a clients claim during the litigation process. Following a personal injury a claimant may need alternative accommodation to accommodate their needs for the future. At France+Associates we can help by assessing their existing property for suitability of conversion and adaptation or we can provide a Property Finding service to search for a suitable property to buy or rent.

France+Associates will provide an up-to-date report of available properties and their suitability for adaptation.

If you would like to contact France+Associates to discuss any of the issues highlighted in this article, please contact us by emailing: admin@franceandassociates.co.uk