Claiming for compensation – the idea is to put the victim in a position they were in before they had the accident. Obviously we cannot take away the injuries and the suffering – no one ever can – but we can compensate for the suffering and inconvenience with a monetary payout.
But there are certain losses that can, and should, always be recovered; or certain things that can be done to compensate the victim as much as possible. I came across a story from the Daily Mirror that can certainly fit this bill.
According to the exclusive Daily Mirror report (source), the Ministry of Defence have refused to pay for a private operation for injured war hero Mark Ormrod who lost 3 limbs in the line of duty fighting for our country. The 26 year old marine nearly died after losing both of his legs and his right arm from a Taliban landmine blast whilst on patrol in Helmand, Afghanistan, on Christmas Eve 2007.
According to the report, the brave soldier, described as a “real hero” by colleague Prince Harry, was flown back to Surrey’s Headley Court Military Hospital, and had to have 28 pints of blood pumped in to him. He struggled to walk on the army’s standard issue artificial legs he was fitted with, and spent his own wedding day in agony in a wheelchair because it was too painful to stand.
Mark stated that he “couldn’t walk far” on the sockets he was provided with at Headley Court, and stated that they “weren’t working properly”. He also reported that they would chafe and rub his legs, and often fall off when he sat down. As a result, Mark did some research and discovered an American company that built specially made sockets which would help him to walk properly on his new legs. The only issue of course was the cost of the treatment.
The MoD outright refused to pay the £26,000 to have them fitted, but Mark was fortunate enough to get the funding through sponsorship from a friend of a friend, a wealthy businessman, whom came forward and paid for the treatment. Following the treatment and his new permanent carbon fibre prosthetic limbs, he hardly ever has to use his wheelchair and is back to living a normal life. Mark has also spoken out of his anger at the MoD’s refusal to pay for the treatment, stating “I am angry that I found something that could make my life so much better and I was refused it.” He went on to say “I almost died for my country and think I deserve legs that work.”
A spokesman from the MoD has stated that it is a “personal decision” when it comes to any personnel going to the US for treatment, and called the quality of the rehabilitation at Headley Court “first class”. The spokesman went on to say that “the MoD is engaging with US military rehabilitation counterparts, and the US rehabilitation provider, to develop a better understanding of their techniques.”
Personally I think it’s an absolute shame the MoD refused to pay out for the treatment. The £26,000 appears to have gone a long way in improving the quality of life for Mr Ormrod, and the key thing to remember is that he lost limbs, suffering permanent life-altering damage, in the line of duty fighting bravely for our country. I have the greatest of respect for our armed forces – they do one heck of a tough job – and I personally think its only right for the MoD to do all that they can to improve the quality of life for those injured in the line of duty. The MoD base their point on the quality of care at Headley being excellent; but this example clearly shows that the £26,000 spent on better care has gone a long way in improving life for Mr Ormrod. And that is what it should be all about. Compensation claims with the MoD are different to most standard claims; but the point of trying to put the victim in a position they were in prior to the accident should still be a top priority.
It’s great news that Mr Ormrod has been lucky to acquire the sponsorship for the better treatment. And this story highlights the importance of compensating the victim as much as possible. For a claim for compensation through negligence, it’s important to get the right solicitor on board to ensure you receive the maximum compensation you are entitled to recover. Speak to an expert independent specialist lawyer for the best advice and representation on claiming for compensation.