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At Boyes Turner we aim to help our severely injured clients achieve their best possible recovery. We do this with rehabilitation.
Where our client has suffered a severe injury caused by an employer, public body or other road user’s negligence we can often obtain rehab funding from the defendant’s insurer. This allows our client’s rehab to get started straight away. Early rehab means better recovery.
In many cases, our early help ensures that rehabilitation follows seamlessly from the client’s acute NHS hospital care, building on the healing that has already begun.
Our clients deserve the best chance of recovery. Every small improvement that they gain from rehab gives them greater benefit and maximises their recovery. Small gains in function make a big difference after a devastating injury. For some, this means access to therapies to improve mobility, speech and cognitive function, overcoming isolation and dependence by using assistive technology to communicate with others, learn, access education, work or enjoy hobbies and entertainment. It can provide greater independence with adapted vehicles, specialist wheelchairs or custom-made prosthetics. It might allow the client to live independently in adapted accommodation with the guarantee of care and support.
Once our client’s rehab is underway, we are in a stronger position to secure compensation to cover future rehab costs to improve every aspect of their life, based on a realistic assessment of their abilities and lifelong needs. Rehabilitation is not a substitute for compensation.
Most of our clients and their families will be experiencing the devastation of sudden, severe injury for the first time. The sooner we are instructed after the accident, the sooner we can begin to support our client families and make a lasting difference.
In the worrying times which follow tragic accidents, Boyes Turner’s serious injury lawyers have the experience and skills to take swift action when it matters and make it count for our clients. This combination of experience, compassion and action is the key to our success in claims for serious personal injury compensation.
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Rehabilitation or ‘rehab’ is the process of restoring someone back to health and normal life, as far as is possible, through training and therapy. Ideally, rehab should follow as soon as possible after the immediate or ‘acute’ medical or surgical hospital/NHS treatment which follows a traumatic injury. If we are instructed early enough, we can often arrange a seamless transfer from acute care to rehab, to maintain and build on the healing that has begun to take place and maximise the potential for recovery.
Each client’s rehab will be individual to them, depending on the extent, type, severity and complexity of their injuries. Head injury and major trauma usually involve a multidisciplinary approach to coordinate the many different treatments needed for physical, neurological and psychological recovery. Amputation often requires physical, prosthetic, pain management and psychological expertise, whereas rehabilitation for someone with PTSD but no physical injury will focus on psychiatric or psychological needs.
Rehabilitation goes far beyond ‘fixing’ a physical or psychological injury. Life will be different after a serious injury, but for many, it can still be fulfilling. In many cases, rehabilitation can help our disabled clients access education, live independently or return to work.
Our seriously injured clients often benefit from rehabilitation for:
We have secured rehabilitation and compensation for clients who have suffered severe injuries, including:
In the majority of our serious injury claims we are able to obtain funding for our client’s rehab from the defendant’s insurer. We aim to secure rehab funding as soon as possible after the injury to avoid any delay or gaps in our client’s treatment between NHS acute care and rehab.
Where possible, we work collaboratively with the insurer under The Rehabilitation Code 2015 to ensure our client’s needs are met, whilst acting in our client’s best interests, and supporting their family, at all times. The Rehabilitation Code encourages injury claims lawyers and defendant insurers to prioritise the injured person’s rehab in any compensation claim.
If an insurer unreasonably refuses or delays responding to our request for rehabilitation funding, we escalate our request to someone with higher authority within the insurance company, following The Serious Injury Guide. This ensures that our request for rehab funding is considered quickly by someone within the insurance company who has authority to take action. In most cases where the defendant’s liability for our client’s injury is clear, we are able to get our client’s needs assessed and their rehab underway with Rehabilitation Code insurer funding.
Occasionally, if full liability for our client’s injury is strongly disputed by the defendant, the insurer may refuse to provide Rehabilitation Code funding but agree to make an interim payment.
An interim payment is a part payment of compensation paid to the claimant in advance. The client can use their interim payment to pay for their rehabilitation.
The advantage of Rehabilitation Code funding is that it is always paid in full. Interim payments are advance payments of part of the final settlement, which may be reduced (discounted) for risks, such as contributory negligence. A discounted final settlement reduces each part of the compensation recovered by amount of the discount. This includes any rehab costs paid from interim payments. We believe that rehabilitation should always be a priority. In our experience, we usually recover our clients’ reasonable past rehab costs, along with the rest of their compensation, in their final settlements.
Rehabilitation following serious injury is a lifelong process. It’s rarely ‘all done’ in the first few months or years following the accident. Clients may need ongoing help to adapt to changes in life circumstances, house moves, jobs, prosthetics or ongoing counselling and therapy during tough times. We keep our clients’ rehab needs under review throughout their claim and ensure that their settlement provides for any ongoing or further rehab that they will need in future.
Throughout our care of our client, our experienced solicitors can help ensure that our clients receive their full entitlement to benefits and social care.
Recovery is better and faster with early rehabilitation. The injured person has the best chance of regaining more function and independence if rehab continues on, without interruption, from the acute medical care which follows the traumatic injury.
Instructing us as soon as possible after the accident enables us to:
This approach gives the injured client:
Rehabilitation does not replace compensation. Rehabilitation maximises recovery. Clients who participate fully in their own rehabilitation and recovery go on to live more meaningful and fulfilling lives with the help of compensation. Those who have not reached a level of recovery where they can benefit from available help do not receive the highest amount of compensation.
Compensation is not a random lottery win/windfall. Despite the impression given by the media, compensation is carefully calculated for each individual according to rules that are set by law.
In a major injury claim, most of the compensation reflects the costs of meeting the injured person’s needs arising from their new disability. The greater the recovery, the more the client can use compensation, to access help, support, technology and other assistance to live an independent or meaningful life. Whichever way you look at it, it is in our clients’ best interests to help them make the best recovery. We do this through rehabilitation.
Disability and other consequences of a severe injury affect the injured person for the rest of their life. Our commitment to rehabilitation comes from our experience of working with seriously injured clients. Our clients receive full compensation, but many also regain more than money alone can provide – restored independence, fulfilment, and the ability to participate in whatever’s important to them in life.
We understand severe and complex injury. Our clients have suffered severe physical and psychological injury, which is often made worse by chronic pain and fear for the future. Their recovery and their claims need experienced management to ensure that they receive their rehab at a time and in a way that is most effective, with proper support.
We are experienced at securing substantial and timely rehab funding to meet our clients’ needs. We have the skills and the persistence to ensure that our clients’ needs are met.
We also understand the impact that a sudden, severe injury has on other members of the family. Our compassionate and experienced lawyers have supported the parents, partners and children of our injured clients through the toughest of situations.
Our process for securing our client’s rehab begins as soon as we are instructed to investigate and pursue our client’s claim. This involves:
Like any complicated project, rehabilitation should be carefully planned, properly funded and coordinated to achieve the best outcome from the available resources. Our specialist lawyers work with trusted case managers, medical experts and the client’s family, and with the funding insurer, to ensure that our client’s rehab needs are fully and quickly met
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A personal injury is an injury to the body. Sometimes the physical injury or the circumstances in which that injury was suffered also leads to a psychiatric or psychological injury.
When someone is injured as a result of another person or organisation’s breach of their duty of care (negligence), the injured person may be entitled to claim compensation for their injury and its financial consequences. The claim for compensation is made against the person or organisation that was responsible for the injury and is usually met by their insurer. The legal process of claiming compensation for injuries that are caused by negligence is known as a personal injury claim.
Boyes Turner’s personal injury team specialise in claims involving severe or catastrophic injury. Most of our clients have been injured in road traffic accidents (RTAs) and accidents at work.
For compensation claims relating to injuries which occurred in England or Wales the general rule is that court proceedings must be issued (formally started) within three years of the date of the injury. In most cases, before a claim can be issued work must be carried out to investigate the claim, notify the defendant and the insurance company against whom the claim is being made and obtain a medical report to support the claim. The sooner you contact us after an injury has occurred, the sooner we can begin to help you, and the better we can investigate and prepare your claim.
Longer time limits apply to children whose three-year time period only begins to run from the age of 18, meaning that their time limit expires when they reach the age of 21.
Time limits do not apply for those who lack mental capacity. Where an injured person’s mental capacity is uncertain, we work closely with our Court of Protection team to determine whether our client has capacity to bring their own claim. As with other claims, it is always advisable to contact us as soon as possible after the injury, to ensure that evidence can be preserved, rehabilitation started (where needed) and financial help secured via the claim.
In exceptional circumstances, the court may extend the time limit (or limitation deadline) for those including:
You can make a personal injury claim for:
Court proceedings are issued (started) in many cases but this does not mean that the case will end in a trial. There are many reasons why court proceedings might be issued:
The duration of a serious injury claim depends on the individual circumstances of the client’s case. Claims take less time to conclude if:
Claims are more complex and may take longer to resolve where:
We work hard to secure cooperation with defendant insurers, to provide immediate needs assessments and timely funded rehabilitation for our clients to maximise their recovery in the all-important period immediately following an injury. Wherever possible, we also secure interim payments to ease our clients’ financial hardship long before their claims have concluded.
By taking the time that is needed for the client’s rehabilitation and the careful assessment of their long-term needs, we can be confident that each client receives the full support and the compensation they deserve.
Compensation is carefully structured to make the best provision for the injured person’s needs. There are rules protecting compensation for children or adults who lack mental capacity. Compensation may be paid in one or more of the following ways:
If you, or someone in your family has been seriously injured in an accident that was somebody else’s fault, you may be entitled to make a claim. If this feels daunting, alongside everything else that you are coping with in the aftermath of an accident, it may help to remember that:
If you decide that you want to go ahead with making a claim, we will gather as much evidence as we can to support your claim. This evidence may include:
We will also contact the defendant and their insurers to begin working towards meeting your immediate needs and settlement of the claim.
Our personal injury lawyers are specialists in catastrophic and severe injury compensation claims. Our clients have often suffered life-changing injury resulting in permanent disability, and we aim to assist their recovery by securing funded rehabilitation, whilst supporting them in adjusting to the changes to their lives and securing compensation to meet their needs in the future.
Our clients usually have suffered one or more of the following:
If you have suffered a serious injury as a result of somebody else’s negligence (breach of their duty of care), we may be able to help you make a claim for compensation.
Depending on the circumstances of your accident and the severity of your injury, we may also be able to help you claim compensation:
The vast majority of our clients’ serious injury claims are settled without the need for a court hearing (trial). Our clients very rarely need to go to court.
Our personal injury specialists are highly experienced in investigating and assessing the strength of each client’s case. From the outset, and throughout the claim, we advise our clients clearly and honestly about their prospects of success.
We work hard to prove each client’s claim, based on evidence of the circumstances of their accident and the impact of their injury. We encourage cooperation with the defendant’s insurers and negotiate the best possible settlements for our clients. On the rare occasions when a claim cannot be settled without a court hearing, this will be because:
In the following circumstances, the law requires a judge to approve an out-of-court settlement, for the protection of those involved:
In these cases, the approval hearing will be a short hearing at which the lawyers for both parties explain the circumstances of the case and the settlement terms to the judge. In most cases, our client will be expected to be in court during the hearing, accompanied and fully supported by members of our legal team.
The amount of compensation that an injured person receives in a personal injury claim depends on a number of individual factors:
Depending on the client’s injury and the way it affects their life, their claim may include compensation for:
An interim payment is a part-payment of compensation which is paid to the injured person, in advance, whilst the claim is ongoing. We can usually secure an interim payment from the defendant’s insurer where they have admitted liability (accepted fault) for our client’s injury.
We use interim payments to help the injured person and their family, who may be suffering financial hardship as a result of the injury. Where insurers are not willing to provide Rehabilitation Code funding, we sometimes obtain interim payments to ensure that our client receives the rehabilitation, case management and therapies that they need straight away.
Interim payments may be used to meet any genuine need, but it is important that the injured person and their family understand that the sums that they have already received as interim payments are deducted from their final compensation at the end of the claim.
Depending on the client’s injury, an interim payment may help meet their needs for:
By understanding and targeting provision for our clients’ rehabilitation and other essential needs early in the claims process, we help restore our clients’ mobility, independence and ability to participate fully in family and social life, long before the claim has concluded.
When claiming for compensation, Boyes Turner will help you gain:
The easiest way to get started is to talk to one of our friendly, experienced solicitors. You can talk to us free and confidentially about your potential claim, with no obligation, by contacting us by email.
It costs nothing to talk to us to find out about making a claim. Our initial advice is free.
When you first contact us, we advise you whether we can help you make a claim. We discuss how your claim will be funded, and advise, fully and clearly, how that works and what it will mean for you.
We offer a range of funding options, but the majority of our clients’ claims are handled on a conditional fee agreement (CFA) basis, often known as ‘no win no fee’. This means that there is nothing to pay at the outset or until the claim is settled, and you receive compensation. If you win your claim, the defendant’s insurer makes a contribution towards your legal costs. You pay nothing if your claim does not succeed.
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Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.
Almost 5 years ago my sons suffered a life changing brain injury accident. A new life for everyone, so many unknowns so many difficult decisions. I met Claire and the team shortly after the accident. So many questions answered but more than that, amazing lovely people. Claire has been guiding me and the family throughout this ordeal with such compassion, there every time I needed her we couldn’t of asked for a nicer person. I have met many others with in Boyes Turner and all have been genuine lovely people, I’m now working with Ruth and Lindsay from the court of protection. Again, I can't say enough about them amazing lovely people. They truly do won't the best for my son and they did and continue to do so.
Claire is exceptionally knowledgeable in the personal injury legal domain, especially in the specific area of my injury. From our very first conversation, she was clear in explaining the potential different routes that the process could take and provided me with expectations of what I could expect along the journey. She ensured that all bases were covered, organising meetings, discussions and necessary specialist appointments, in order to bring together the case and take it forward. Claire was then able to use her extensive pool of contacts, to appoint an "area leading" barrister, to represent me. Overall, I was very pleased with appointing Claire and Boyes Turner to act as my solicitor for the legal claim that I pursued. Thank you for all of your support.
I approached Claire Roantree of Boyes Turner in regards to making a claim about a workplace burns injury. It was something that had scarred me physically and mentally and taken a huge toll on the lives of me and my family. Claire wasted no time in finding out what happened and made sure I was treated by known experts and quickly finding an answer to my burns scarring and how I could be treated to help manage my pain. Claire also helped me by appointing a psychiatrist to understand my situation and help me cope with post traumatic stress disorder. As well as taking as much stress of the claim away, she was thorough in every situation, making sure I had the best possible claim, and handled it all expertly, I am so very grateful to her and her team. They have helped guide my life back into a positive direction and I can't thank her enough!
Excellent service from Claire and her team at all times. We were kept up to date at each stage of our claim. The outcome was much better than we expected and we would not hesitate to recommend Boyes Turner to family and friends.
Kim handled my personal injury claim after a car accident with immeasurable expertise and compassion. Boyes Turner arranged every part of my private rehabilitation, which greatly improved the speed and quality of my recovery. Each stage of the litigation process was dealt with efficiently and succinctly. This was then always explained without using unclear legal jargon. On both health and financial levels, I would be in a far worse position without Kim’s invaluable input. I cannot recommend this firm enough.
