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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 that was caused by an employer, public body or other road user’s negligence we can often obtain rehabilitation funding from the defendant’s insurer. This allows our client’s rehabilitation to get started straight away, and in many cases ensures that their rehabilitation follows seamlessly from their acute NHS hospital care, building on the healing that has already begun. Early rehabilitation means better recovery.
We understand that our clients and their families will be experiencing the devastation of sudden, severe injury. The sooner we are instructed after the accident, the sooner we can begin to support them with funded, coordinated rehabilitation for the injured person, and financial assistance through their compensation claim.
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Our clients deserve the best chance of recovery. Every improvement that they gain from rehabilitation gives them greater benefit and maximises their recovery. Small gains in function make a big difference after a devastating injury. This could mean access to therapies to improve mobility, speech and cognitive function, or overcoming isolation by using assistive technology to communicate with others, access education, work or enjoy hobbies and entertainment. It could provide greater independence with adapted vehicles, specialist wheelchairs or custom-made prosthetics, or enable the client to live independently in adapted accommodation with the guarantee of care and support.
Once our client’s rehabilitation is underway, we are in a stronger position to secure compensation to cover future rehabilitation 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.
Our process for securing our client’s rehabilitation begins as soon as we are instructed to investigate and pursue our client’s claim. This involves alerting the defendant’s insurer to our client’s injury, their need for rehabilitation and the insurer’s responsibility to compensate them and provide immediate rehabilitation funding, and securing their agreement to fund our client’s rehabilitation. We appoint an experienced case manager to carry out an immediate needs assessment (INA) and, after reviewing their recommendations, we obtain the funding to implement the rehabilitation plan. We continue to support our client and their family through their rehabilitation by attending multidisciplinary team meetings with them, reviewing regular reports on the client’s progress, and working with the insurer to ensure that funds are available for each stage of the rehabilitation through to the client’s move back to home or to supported independent living.
Like any complicated project, rehabilitation should be carefully planned, properly funded and professionally coordinated to achieve the best outcome from the available resources. Our specialist injury solicitors work with trusted case managers, medical experts and the client’s family, and with the funding insurer, to ensure that our client’s rehabilitation needs are fully and quickly met to provide them with the best possible quality of life and prospects of recovery.
Senior Partner, Personal Injury
Jessica suffered severe brain injuries in a car accident and was in a coma in hospital. We approached the other driver’s insurance company, and they agreed to fund Jessica’s rehabilitation. We brought in a case manager whilst Jessica was still in hospital, so her rehabilitation started as soon as she came out. She received occupational therapy (OT), speech and language therapy (SALT) and physiotherapy. Within 14 months of her brain injury, and with the support of her MDT rehab team, Jessica made a phased return to work. She launched a book on her experience and brought a house with her compensation.
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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.
Rehabilitation is the process of restoring someone back to health and normal life, as far as is possible, through training and therapy. Ideally, rehabilitation 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 rehabilitation, to maintain and build on the healing that has begun to take place and maximise the potential for recovery.
Each client’s rehabilitation 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.
In addition to their compensation, our seriously injured clients benefit from funded rehabilitation to support their recovery and adjustment to the changes in many areas of their daily lives.
Rehabilitation for physical injury and disability can provide medical, surgical or pain management treatment, prosthetics after amputation or specialist vehicles and equipment to assist with mobility, as well as therapies, such as physiotherapy, speech and language therapy, hydrotherapy or occupational therapy (OT). Alongside rehabilitation for physical injury, many clients benefit from CBT and other therapies for PTSD and psychological injury, as well as counselling, where needed, for the injured person and their family.
Rehabilitation for the intellectual or cognitive effects of the injury may provide support with specialist educational needs (SEN), educational psychology, or assistive technology (IT), which can also help with a return to former or alternative work, supported by vocational rehabilitation.
A major goal of rehabilitation for many who have suffered life-changing injury is a return to independence in their own home and participation in family and social life. Rehabilitation can provide this through supported independent living, home adaptations or a move to more suitable accommodation with the guarantee of personalised care and support.
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’ rehabilitation needs under review throughout their claim and ensure that their settlement provides for any ongoing or further rehabilitation that they will need in future.
We secure rehabilitation and compensation for clients who have suffered severe or life-changing injury and disability, including:
In the majority of our serious injury claims we are able to obtain funding for our client’s rehabilitation from the defendant’s insurer. We aim to secure rehabilitation funding as soon as possible after the injury to avoid any delay or gaps in our client’s treatment between NHS acute care and rehabilitation.
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 rehabilitation in any compensation claim.
If an insurer unreasonably refuses or delays responding to our request for rehabilitation funding, we escalate our request following The Serious Injury Guide. This ensures that our request for rehabilitation 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 have our client’s needs assessed and get their rehabilitation 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 injured client can use their interim payment to pay for their rehabilitation, and the costs of their rehabilitation are included in their claim.
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, including rehabilitation costs paid from interim payments.
Throughout our care of our client, our experienced solicitors also 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 rehabilitation 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 trauma 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 injured person 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.
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.
Senior Partner
Partner
Associate Solicitor
Paralegal
Trainee Solicitor
