In the ever evolving climate of medical science, we are finding new ways to compensate for injuries that heavy affect our life. Amputations for example have evolved from simple wooden replacement limbs to electronic and bionic limbs. Despite being expensive, we ask should these be included in personal injury claim costs?
Back in February we looked at the history of prosthetic limbs. The article explored how much we’ve evolved from the first prosthetics, through to bionic devices which are now able to utilise brainwaves to move.
The newest brands of prosthetic limbs are more than simply replacements that look like the real article, they often now look to perform like the real article, and with more time and research could perform like the real article through the use of thought, just like a natural limb.
Prosthetics and Injury Claims
In the past, with prosthetic limbs being more primitive and easier to maintain, calculating the cost of the limb and its maintenance would be simple. With such advanced prosthetics available now, solicitors are requiring to think about demanding higher damages in order to give clients the closest possible replacement following an amputation with little to no compromise on the quality.
While the cost of prosthetics are increasing, along with the complexity of them, it is argued that no injury victim deserves compromise when it comes to attempting to put their life back as it was. With an amputation, we cannot replace the natural limb. However, we are able to try to get as close to a natural limb as possible. In the past this would be a wooden replacement. Eventually it became a lifelike plastic limb. In 2016, we have the ability to have a limb that reacts like a natural one.
In a piece for Solicitors Journal, serious injury specialist, Suzanna Trask, wrote “The compensatory nature of damages aims, as far as is possible, to put the claimant back into the position they would have been in, had the negligence not occurred. This means that it is open to the claimant to claim the cost of any available technology or development which an expert reports is likely to help them.”
“A claim should include not only the initial cost, but the price of ongoing maintenance and replacements or further necessary treatment during the life of the claimant.”
Is technology necessary?
In each case, the judge holds ultimate decision making power on what they feel to be “reasonable” in order to meet the needs of the injured party. They will be able to decide if a costly, high maintenance new limb is adequate compensation for the damage caused by the defendant.
In any personal injury case, what is considered as reasonable compensation is argued at length, in order to set the injured person back to how their life was before the incident (as close as possible). With groundbreaking transplants now being performed, including the UK’s first double hand transplant, which happened recently, we will soon be able to gauge the usefulness of the more high tech equipment and its ability to return a person to life as they knew it.
For more information on the effect of serious injury (including amputation) and what a solicitors firm such as ourselve does for our clients during a claim, you can visit our website here.
Serious injury cases require much more attention and expertise than other injuries, often requiring expert help like physiotherapists, doctors and councillors. We have spent more than 26 years building those links to help all of our clients with should they need them during their recovery.
For free advice on how we could help you or one of your family members or even a friend, call us today on 0800 092 2896 (lines are open weekdays from 9am to 7pm). Alternatively, you can get in touch using our online contact form here.