If you have suffered a serious personal injury that was wholly or partially caused by unsafe workplace practises, public or commercial services or facilities, a negligent driver or a defective product, you may be wondering whether you should make a claim. Who is responsible for preventing accidents and injuries? The law places a responsibility on: employers to protect their employees from foreseeable accidents and injury in the workplace; owners and operators of businesses and facilities, such as supermarkets, schools, and sports and leisure centres, to ensure that customers and visitors are safe when visiting their premises; drivers to comply with the Highway Code and drive with care and consideration for other road users; local authorities to ensure that highways and public places are well maintained and are safe to use; manufacturers and suppliers of goods to ensure that their products comply with safety standards and are fit for purpose; healthcare providers to treat their patients according to reasonable standards. If these responsibilities (also known as the duty of care) are breached, then the negligent responsible person or organisation can be held accountable for any injuries that are caused by their negligence. Is lack of awareness preventing you from making a personal injury claim? Despite this legal responsibility, personal injury victims who are entitled to claim compensation are often daunted by the thought of making a claim. Employees who have been injured in an accident at work convince themselves that their own careless actions were to blame. In most cases, however, we find that the accident was the result of unsafe workplace practises, meaning that the injured employee can claim compensation even if their own actions contributed to their injury. Injured employees often fear unpleasant consequences at work if they make a workplace injury claim. They may be unaware that a claim can facilitate vocational rehabilitation, support a phased return to work or retraining for a job that’s more suited to their disability, and provide compensation to replace their lost earnings. Visitors to businesses and public places may wonder how they can prove liability against a large organisation. They may be unaware that public authorities and large businesses are subject to multiple health and safety regulations and processes, and are no harder to claim from than smaller organisations. Consumers injured by defective products may not be aware of the supplier’s responsibility to provide safe products which are fit for purpose, which means that they can recover compensation without also claiming from the manufacturer. People who have been injured in road collisions with hit-and-run or uninsured drivers may not be aware that they can recover compensation, including early funded rehabilitation, from a personal injury claim against the Motor Insurers’ Bureau (MIB). Personal injury victims who are discouraged by media narratives about the difficulty and costs of litigation may not be aware that most serious injury claims are handled on a no-win-no-fee basis. In most cases, the claim provides our clients with access to early funded rehabilitation and practical support to maximise their recovery and manage their disability, whilst we get on with the litigation. Elderly people, or parents of a vulnerable young person who has been injured, can sometimes worry about financial pressure from friends, neighbours and acquaintances or unwanted media attention if they receive a large sum of money by way of compensation. Where this is a serious concern, or where safeguarding is necessary for vulnerable claimants, we work closely with our deputyship team and/or professional trustees to safeguard our client’s compensation, and protect their privacy with an anonymity order. How will I benefit from making a personal injury claim? Our experience as personal injury and major trauma specialist solicitors, and the lived experience of many hundreds of our personal injury clients, tells us that there are many good reasons for starting and pursuing a personal injury compensation claim. Support with recovery and rehabilitation A personal injury claim can open the way for the injured person to receive support with their recovery through defendant insurer-funded rehabilitation. One of the first things we do when we are instructed by a severely injured client (or their family) is to assess their immediate needs and seek funding for rehabilitation for them under the Rehabilitation Code. Whilst the claim proceeds, we work with the defendant’s insurance company to provide rehabilitation in the form of therapies, ongoing medical or surgical treatment, pain management and psychological support. Where inpatient or specialist MDT rehabilitation is needed, this is often arranged to continue seamlessly from the injured person’s acute trauma hospital care, overseen and coordinated by a professional case manager, to avoid gaps in their care and to maximise their recovery. Care and assistance Personal injury victims may require care and assistance with their day-to-day living following the accident. Where the injury is life-changing or severe there may be a life-long need for care and assistance, over and above the usual care and assistance that individuals receive from family members. The injured person’s care needs immediately following acute/trauma hospital discharge and into the future will be assessed, and the costs of care often form a significant part of the compensation that is claimed. During the claim, urgently needed care is often provided with the help of rehabilitation funding or interim payments. Support with returning to work or study During recovery and rehabilitation after a serious injury, one of the most common concerns relates to when and how the injured person will be able to return to work. A personal injury claim can open the way for vocational rehabilitation, a supported or phased return to work, retraining where the injured person’s pre-accident job is no longer possible owing to the injured person’s disability, and compensation for loss of earnings. Where the injured person is a child or young person in school, college or higher education, we work with our SEN specialist lawyers and a rehabilitation case manager to provide necessary educational support. Specialist equipment and aids A personal injury claim provides the seriously injured claimant with expert advice about the specialist equipment and aids that can help them manage and overcome their new disability. This includes mobility aids, such as properly fitted, bespoke prosthetics where the accident led to limb loss and amputation, an adapted vehicle, wheelchair, walking sticks and orthotics, and household equipment, such as stair lifts, hoists and ramps or a specialist bed. In some cases, the items can be trialled with expert support and purchased during the claim using interim payments. Home and living arrangements Home and living arrangements are an important concern for personal injury victims who have been left with severe disability. Stairs, inaccessible rooms and lack of space for wheelchairs, equipment and carers can all mean that the injured person’s pre-accident home is no longer suitable for their needs. A personal injury claim can provide financial, practical and expert support with home adaptations, renting or buying a more suitable house, or supported independent living. Where the injured person’s ability to live independently in the future is uncertain, a trial of independent living can sometimes be arranged to take place during the claim, using rehabilitation funding or interim payments, to ensure that the injured person’s future additional living costs are fully included in the final settlement of their compensation claim. Restoring financial security The primary purpose of a personal injury claim is to compensate the injured person for their injury and its consequences by returning the injured person to their pre-injury position, in so far as money can do so. Whilst early rehabilitation (funded under the Rehabilitation Code) focuses on maximising recovery and restoring function, the compensation element of the claim aims to restore the injured person’s pre-accident financial security. Personal injury claims for serious injury usually include compensation for past and future net loss of earnings and pension and additional costs arising from the injury and disability. Where the claim relates to fatal injury, it will also include compensation for the deceased’s estate for financial loss suffered by the injured person due to their injury but prior to their death and reasonable funeral costs, and compensation for the deceased’s dependants for their loss of dependency on the deceased’s income and services. In many cases, interim payments can be obtained whilst the claim is ongoing to relieve the injured claimant’s immediate financial hardship arising from their injury, such as loss of earnings from being unable to work. Interim payments are treated as advance payments out of the claimant’s final settlement or court award. Funding for rehabilitation paid under the Rehabilitation Code is made in addition to the injured person’s compensation and is not subject to repayment from their compensation. Justice and accountability Some claimants experience a sense of closure at the successful conclusion of their settled personal injury claim. They find it easier to move on knowing that the defendant organisation or individual has been made accountable or has acknowledged the consequences of their mistake and that justice has been done. Justice is fundamental to any fair society and legal system, and a sense of justice is of vital importance when compensating those who have suffered injury as a result of negligence. It’s important to remember, however, that unlike criminal court cases, civil court compensation claims are designed first and foremost to compensate the injured victim for their injury, disability and associated financial loss, rather than to punish the negligent defendant. Injured claimants often receive compensation settlements without an admission of liability or apology from the defendant. For this reason, whilst we expect justice to be served in every claim, we focus our work on meeting our injured clients’ needs for rehabilitation, recovery and financial compensation. For more than 30 years the personal injury team at Boyes Turner has helped clients rehabilitate, recover, restore mobility, independence and financial security through personal injury claims involving life-changing injury and disability, from MSK, major trauma and multiple injury, to amputation, brain and spinal cord injury. Our extensive experience means you can rest assured that we have the skills and expertise to handle your claim and achieve the best possible outcome. If you or a family member have suffered severe injury which was caused by someone else’s negligence, you can talk to a solicitor, free and confidentially, for advice about rehabilitation and making a claim by contacting us.
