What happened to Robin was wrong – helping him was so important

Moira Kay, Partner in our Serious Injury department, has helped people with brain and spinal cord injuries every day for nearly 20 years. But there was something about Robin Williamson’s case that made it unique.

The asbestos surveyor suffered both a spinal cord injury and brain injury when he fell nearly nine metres from the roof of a community centre in Glasgow.

Here, in her own words, Moira shares her vivid memories of Robin, his case and the inspiring effect his optimistic, upbeat and adventurous nature has on the people around him.

Meeting Robin

I first met Robin while he was a patient at the Queen Elizabeth National Spinal Injuries Unit (QENSIU).

He was in in good spirits despite the gravity of his situation. However, it was also very clear that both Robin and his wife, Susan, were very anxious about what the future would hold for them.

Robin explained to me what had happened to cause him such severe injury.

He had been sent by his employers to take samples from the roof of a community centre. While on the roof, Robin fell through a skylight, landing at the edge of a disused swimming pool.

From Robin’s description of what had happened, I knew that we would be able to prove that his employers had been negligent. It sounded to me that the accident had happened due to unsafe work practices and a failure on the part of his employer to have adequate safety measures in place: and as I’d later discover, this was true.

As a Partner in the Serious Injury Department, it’s my privilege to support and advocate for people like Robin, someone who should have been protected by their employer from the beginning so they were never injured.

How I helped Robin

When I first meet clients who have suffered serious, life-changing injury, there will be lots of things they will be worried about, such as:

• How will they meet their monthly bills?
• How will they manage financially if they are not able to work?
• Where will they live when they are discharged from hospital?

These were the types of worries that Robin had.

Based on the information Robin gave to me at our first meeting, I was able to reassure him that I would be able to recover damages for him. I was also able to tell him that I would do everything I could to secure early interim payments which would help him with any financial worries and, by using the Rehabilitation Code, obtain the help he needed to ensure he had a home that was altered to meet his needs.

It would have been obvious to Robin at our meeting that there was very little chance that he would go back to work as an asbestos surveyor. His job was a physical one which involved climbing ladders and working at height. A return to this line of work wouldn’t be possible.

Then there was Robin’s adventurous lifestyle…

Before his accident Robin’s hobby was paragliding. Robin and Susan had also enjoyed a lifestyle where they spent a lot of time travelling around Europe in their campervan, taking part in lots of adventure activities.

The unique element to Robin’s case is that he was determined to return to this pre-accident lifestyle.

We are well used to including additional holiday costs within a claim for damages, which will usually take the form of:

• Upgraded seats on aircraft so that our client has the extra space that they need
• Hotel suites rather than hotel rooms which give the turning space and storage space that’s needed
• Private transfers from airport to holiday accommodation.

However, in Robin’s case, he insisted that we include a claim for a custom-built wheelchair-accessible campervan so that he and Susan could return to the type of holidays that they enjoyed before the accident. In fact, during settlement negotiations, this was a deal-breaker for Robin – that is how much is meant to him.

And, of course, we had the claim for the trike to allow Robin to return to his hobby of paragliding!

When Robin’s case came to an end

Working in serious injury is a strange situation – it is such a privilege being able to help people at a time where they really need help, but the reasons why I have to get involved are often tragic.

It is normal for a case involving spinal cord injury and traumatic brain injury to take about 3 years to complete. During that time, we can form quite an intense relationship with our client as we are in constant contact over that period of time. And then, one day, the case comes to an end and there’s no longer the need to be in contact every week.

One of the best parts of the job is when a client gets in touch months or years after the case has come to an end. It is such a joy to see how well they’re getting on and the difference the damages have been made to their life.

I was delighted to meet up with Robin again last year at a Spinal Injuries Scotland summer barbecue at Castle Semple.

I was overjoyed when I realised that he’d brought his custom-made campervan along with him and I was given the guided tour.

It’s moments like this where, as solicitors, we know we are doing the right thing to help people get the damages, recognition, treatment and future they deserve.

Robin is one of the most outgoing, fun-loving people I have ever come across. He has got such a positive outlook on life that has never wavered despite everything he has been through and everything life has thrown at him.

I really hope that a person who might find themselves in a similar situation to Robin might see his video and take inspiration from his journey. Whilst life with a spinal cord injury will be different, it can still be a life full of fun and adventure.

Find out more about Robin’s story here.

Moira Kay
Partner, Glasgow office