Rehabilitation in serious injury claims

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:

• Physical injury and disability, including:
  • surgery or medical treatment
  • pain management
  • personalised prosthetics
  • physiotherapy
  • occupational therapy (OT)
  • speech and language therapy
  • hydrotherapy
  • assistive technology
  • specialist equipment

• Psychological effect of injury, Including:
  • counselling
  • CBT or other therapies

• Financial implications of injury, including:
  • vocational rehabilitation
  • assistive technology
  • support

• Mental, intellectual or cognitive effect of the injury, including:
  • support with special educational needs
  • assistive technology
  • educational psychology  
• Home, family and social life, including:
  • supported independent living
  • adapted vehicles
  • home adaptations or alternative accommodation if existing home cannot be adapted
  • psychological support for the family

We have secured rehabilitation and compensation for clients who have suffered severe injuries, including:

• brain injury
• spinal injury
• amputation
• major trauma, multiple injury or complex trauma
• severe orthopaedic injury
• PTSD and other serious psychological injury
• chronic pain and complex regional pain syndrome (CRPS)
• blindness or hearing loss

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.

A personal injury claim is a claim for compensation arising out of an accident caused by someone else’s negligence.  The claim is generally made against the insurer for the party at fault, or if they do not have any insurance, against the party direct (if they have financial means).

If you are the victim of a violent crime, you may be entitled to make a claim under the Criminal Injuries Compensation Authority.  If you are injured in a road traffic accident and the party at fault is not insured or cannot be traced, you may be entitled to make a claim under the Motor Insurers’ Bureau.

An accident can happen at any time, in any location and for whatever reason. Anyone who suffers an injury when someone else is at fault can turn to our personal injury claims solicitors for the support and guidance needed.

It happens all too often each year across the UK and, at Boyes Turner, our mission is to get you the compensation and support that you are entitled to. We handle thousands of claims made by people just like you – people who are injured and are now looking to rebuild their lives.  

In certain cases, you can also make a claim on behalf of someone else who is injured:

• A child under the age of 18
• A loved one who does not have the mental capacity to do so themselves
• A loved one who has sadly passed away

To find out if our personal injury solicitors can help you receive compensation after an accident,  call us on 0800 124 4845 or get in touch using our online form for your free initial consultation.

It is rare for a personal injury claim to go to court. In most cases, an out-of-court settlement is reached well in advance of this happening.

If the other side refuses to accept blame for your injuries or illness or to pay you the right amount of compensation for your injuries and losses, we will start court proceedings. Even if this happens, we continue to do everything we can to avoid a court hearing and the majority of cases will settle before the reach a trial date.

In the unlikely event, your claim does go to court, all our personal injury solicitors have the skills and expertise to achieve a positive outcome – while continuing to support you for the duration.

There is no set rule to how long your claim will take and it usually depends on whether the other party admits fault fully or in part and the nature and severity of your injuries and losses. There are so many factors involved that we cannot tell you exactly how long it will take at the start of the process. But you can be sure that your personal injury solicitor will keep you informed of progress at every stage.

Some of the most serious personal injury claims can take longer to settle as these are often the most complex cases – particularly if it can take time to get the expert medical and non medical opinion needed.

Our personal injury solicitors will do all they can to make the process as short as possible whilst at the same time ensuring that you receive the maximum compensation.

All claims are unique. Our personal injury solicitors know that injuries or illness can affect people in different ways. This is why the amount of compensation you could receive will differ from case to case. Each individual award is designed to reflect your specific circumstances and needs.

General damages

This is the amount that you could be awarded for the pain, suffering and loss of amenity (impact on day to day life) caused by your injuries. Medical evidence is required to prove what injuries you have suffered. The Judicial College sets out guidelines for the range of general damages that can be paid based on the part(s) of the body affected and the severity of the injury.

Special damages

This is the amount you could be awarded for any financial losses or expenses you incur as a result of your injuries both now and in the future. Your personal injury solicitor will factor in the other considerations that are unique to your claim. This can include:

• Lost earnings/pension from not being able to work
• Care needs
• Medical treatment for physical/psychological injuries
• Travel expenses
• Ongoing care/rehabilitation requirements
• Modifications to your home or your vehicle
• Aids and equipment

If you have incurred financial losses or you are experiencing financial hardship due to your accident and the injuries you have suffered, your personal injury solicitor can ask the other side to make an interim payment, where liability has been agreed or partially agreed.  This is a sum of money which forms part of your overall compensation and is paid in advance of settlement of your claim.

No matter type of accident you or a loved one are involved in, our personal injury solicitors have the specialist expertise and support you need to secure the best possible outcome.

Let us help look after your future needs – call us on 0800 124 4845 or get in touch for the initial discussion that can set you on the path to getting the personal injury compensation you deserve.