Rehabilitation

Ask any person who has been the victim of an accident caused by someone else’s negligence, and who has had their claim settled, “Was it worth it ?" and the politest answer you will probably receive is a resounding “NO!”.

In spite of all the help their expert legal advisors can provide, and the skill we use in getting the best possible settlement, victims of accidents would dearly love to put the clock back and for the incident just not to have happened.

The courts equate pain and suffering, and or disruption to hobbies or normal daily life, only in financial terms and even if the levels of compensation were more reasonable, it is no substitute for good health.

Recently more emphasis has been placed, by both sides, on treatment and rehabilitation.

The quicker an injured person recovers, the better it is for that person, obviously, but also for the insurer who is paying the claim.  The sooner the claimant recovers, the less they have to pay.

The Rehabilitation Code provides for an independent assessment at an early stage of the injuries suffered, the treatment being received and crucially, whether private treatment may speed up that process. It may be as simple as extra physiotherapy for a whiplash injury instead of waiting on the NHS list, or it may be a planned care package with aids such as hand rails installed in the home, access to occupational therapists or psychological help.

The report is sent to both sides and then the insurer has the option to pay for the treatment or care. The report cannot be used by either side as evidence to fight the claim. Its designed to be fast, transparent and independent.

We consider such an intervention in all cases, and more often insurers too are seeing the benefits of a more cooperative approach.

For serious injuries, where liability is not in dispute, we also press for early interim payments, often to fund private operations or to help put in place care and rehabilitation packages that may last for many months.

The following recent example can help illustrate the point that dealing with a personal injury or clinical negligence matter is not just about getting a financial settlement.

A pedestrian, waiting to cross the road, was hit when two cars collided in front of him.  Air lifted to a specialist hospital he suffered an amputation of half of one foot.

Thanks to his determination, and getting the right expert help, he was fitted out with excellent prosthetic and orthotic equipment colour matched to his own skin, that allowed him to return to cycling; snow and water skiing, and to plan his return to wind surfing!  Interim payments helped in paying for equipment, and he was able to walk barefoot along a beach without anyone noticing his injury, a great boost to his confidence.

His determination and attitude was key, but the road to recovery was greatly helped by his being able to make good progress with the right support, in returning to his pre-accident lifestyle.

Similar support is being provided in the complicated field of brain injury, where great progress can be made with dedicated case managers and support workers.

Accidents can happen. It is important to know that if they do, then exploring the treatment and rehabilitation options is an important part of the claims process.