Personal Injury and Neurolaw
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OMM is recognised as a leading
firm in the field of personal injury, particularly
specialising in catastrophic claims arising from brain
and spinal injury.
The dedicated team is headed by Partner
Tim Woolford and is supported by his team of lawyers
and paralegals who have many years experience in the
field of personal injury litigation. Tim is a member
of the Law Society’s Accredited Personal Injury
Panel. As the professions’
regulatory body, The Law Society accredits a panel
of solicitors who have particular expertise in the
field of personal injury law. It is only by demonstrating
a significant degree of expertise and experience in
this field over a number of years that members are
included on the Panel.
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To
view list of recent awards that we have won on behalf
of our clients click
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The firm’s Department has a longstanding
and enviable reputation in the field of brain and spinal cord
injury. OMM operate a nationwide practice acting for clients
resident all over the UK and abroad. One of the OMM team will
travel to meet with you in your own home or in hospital in
order to take instructions and advise about your claim, if
that is more convenient to you. The initial interview is entirely
free and without obligation.
Litigating cases where catastrophic neurological
injury has been sustained is highly specialised. For this
reason we decline instructions on more routine personal injury
claims. In doing so we can ensure that the necessary time
and resource is put into prosecuting your claim in an active
and comprehensive way.
Our range of in-house expertise enables OMM
to assemble a specialist team that will accept instructions
in your case. This is likely to be amongst the following disciplines:
Experts In The Litigation
- Neurology
- Neuropsychiatry
- Neuropsychology
- Orthopaedic
- Maxillo-Facial
- Plastic Surgery
- Prosthetics
- Ear, Nose and Throat
- Nursing Care
- Occupational Therapy
- Accommodation
- Employment
In addition, we only use Barristers (Counsel)
who specialise in the same field, often Queen’s Counsel,
many of whom sit as part-time Judges.
Interim Payments
Before compensation can be recovered on
your behalf, it is necessary to establish liability - who
is to blame. If that is in dispute then OMM will seek to
bring that issue before the Court at the earliest opportunity,
and, if necessary prior to the claim being quantified. The
advantage of doing this is to enable interim payments to
be obtained on your behalf early on in your case, not only
in order to ameliorate losses and expenses that you will
have suffered but also to direct substantial funds towards
any therapies, aids and equipment and rehabilitation that
may be required. In many cases OMM set up a care regime,
and where appropriate, purchase accommodation for clients
before the trial or final hearing. All of this will be funded
by the Defendant’s insurers by the making
of voluntary interim payments or, alternatively, us making
an application to Court to ask a Judge to award funding for
that purpose.
In cases involving serious injury some or all of the following team will be in place before trial:
- Case Manager
- Companion/Buddy
- Neuro Physiotherapist
- Occupational Therapist
- Speech and Language Therapist
- Treating Psychiatrist
- Treating Psychologist
- Vocational Rehabilitation Expert
- Cognitive Behavioural Therapist
The aim is to fund rehabilitation to maximise
the injured person’s recovery and thereafter to ensure
that all support and assistance is put into place. It is preferable
for this to be done before trial so that the Judge can see
exactly what is happening, be satisfied that in practice it
works and be able to look at the costings. This ensures that
damages are maximised and the injured person’s needs
are met in full and for life.
OMM’s Personal Injury Department has
succeeded in obtaining total damages in excess of £100
million in the five years to 2007.
Types of Claim
OMM act for clients who have suffered brain
or spinal injury damage arising from the following types of
event:
- Road Traffic Accident
- Accident At Work
- Assault
- Occupier’s Liability
If you have sustained an injury caused by
somebody else’s fault (negligence) then it is likely
that you will have a claim in law. It does not matter that
you may be partly responsible yourself (eg failing to wear
a seat belt, failing to wear a hard hat), although in those
circumstances your damages settlement may be reduced.
A large proportion of OMM’s work is
on behalf of children and patients within the meaning of the
Mental Health Act 1983.
Children
If a child - for this purpose someone under
the age of 18 years - is injured, then they have up until
their 21st birthday in which to lodge a claim. The usual limitation
of three years in which a claim must be commenced in Court
only runs from the date that they become 18 years of age.
We are therefore able to accept instructions in cases where
the injury was sustained some years ago, but a child has continuing
and ongoing problems as a result of the accident.
Patients
Very often, OMM act for individuals who are
deemed to be ‘patients’ within the meaning of
the Mental Health Act 1983. This means that they have sustained
an injury (usually brain injury) whereby they are unable to
manage their property and affairs. In those circumstances
the limitation period never begins to run. OMM are therefore
often able to accept instructions in cases where an individual
received head injuries in an accident dating back more than
three years.
Existing Solicitors
It is very important to understand that
OMM take over the conduct of personal injury claims from
other solicitors, even where they have commenced proceedings
for the injured person. You have a right to instruct a solicitor
of your choice; transferring your case is something that
can be done quickly and easily. It will not prejudice your
case, nor will it lead to long delays.
OMM are normally able to give you immediate
advice over the telephone as to whether or not you have a
claim that is worth pursuing or investigating further. If
you are in any doubt, give OMM a call and we will be pleased
to discuss the matter further with you.
Funding
There are a number of ways in which a personal
injury claim can be funded to include before the event insurance,
no win-no fee (Conditional Fee Agreement - CFA), privately,
Trade Union etc. However, it is likely that claims will be
pursued under an existing legal expense insurance policy that
you may already have or alternatively under a no win-no fee
Agreement. OMM will insure the CFA so that in the event that
the claim is ultimately unsuccessful the legal costs will
be met by the insurance policy.
The important fact to remember is that you
will NOT be required to make any payments up front in the
claim for either legal fees or other expenses (known as disbursements)
where money has to be paid to a third party eg an expert,
Court fee etc.
At the end of the case you will receive your
damages from the Defendant’s insurers. There will also
be a costs order made by the Court for the Defendant to meet
legal costs and disbursements in the case.
The Final Award
In the event of a successful claim the Court
will award damages. In the cases OMM pursue for clients this
routinely runs into many millions of pounds. OMM are able
to assist our clients with the administering of their awards
and for this purpose, have developed two further specialist
departments dealing with Trusts and the Court of Protection.
By giving this further specialist advice following settlement
or trial, clients are helped to maximise the potential of
the damages awarded and to budget the funds to ensure that
ongoing and crucial costs eg care, are met for the remainder
of their lives.
Neurolaw was inspired and brought into being
by Sherrod Taylor, a lawyer from Columbus, Georgia, USA.
The central function of neurolaw is that
the financial resources secured through the litigation process
contribute to improving the quality of life for people with
catastrophic injuries, and their families. When survivors
of brain injury receive compensation, that money may be used
to fund costly rehabilitation programmes, provide for much
needed care and support as well as compensate for loss of
earnings and for attendant pain and suffering. The compensation
awards therefore promote optimal recovery following injury.
The neurolawyer is more concerned to ensure
that the client makes the best possible recovery and receives
the best rehabilitation rather than a record amount of damages.
We can therefore advise on:
- a rehabilitation programme
- a brain injury case manager
- adaptations to existing housing
- interim payments
- care assistance
- investments
- court of protection
OMM have the necessary experience to battle
for the best recovery and subsequent award of damages.
The Personal Injury Team |
| Tim Woolford |
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click here
for biography |
| Sonia Hodges |
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click here
for biography |
Tim and Sonia are supported in
the Personal Injury Department by Personal Assistant Anne
Tyrrell, who has many years experience working in the Personal
Injury Department dealing with catastrophic injury claims,
along with Bernie D'arcy and Shelley Nemes.
All members of the Department are able to
talk to you constructively about your claim and update you
with regard to progress.
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