The aim of a personal injury claim is to put the injured person back into the position they would have been in had the accident not have happened. Due to the type of injury sustained this is not always possible and so damages are awarded to compensate the individual for the injuries that they have suffered.
Whilst we are committed to obtaining the maximum compensation for our clients, we recognise that what is most important for our clients is that they recover from their injuries as far as is possible, and as soon as possible.
Our specialist solicitors will fight for early rehabilitation, either through agreement with the other side or through early interim payments. We understand that rehabilitation is most effective the earlier that it is put in place and so it is important that our clients have access to such therapy at the beginning of a claim, rather than having to wait until the end.
Our solicitors have a successful record of obtaining early rehabilitation for clients even where the Defendant to a claim has denied responsibility. This means that in cases where we have to prove that the accident was the Defendant’s fault, we are still able to arrange to receive the treatment you need at a time when it will have the greatest benefit.
The Rehabilitation Code
The Rehabilitation Code is a document that governs how the parties to a claim should deal with rehabilitation. We have experience of using this Code to obtain early rehabilitation for our clients. The benefit of obtaining rehabilitation under the Rehabilitation Code is that in the event that you were unsuccessful in your claim you would not be obliged to repay any of the sums received for therapy under the Code.
As well as obtaining rehabilitation under the Rehabilitation Code, we can also seek early interim payments from insurers as part of the litigation process. This means that you would be able to receive a proportion of your compensation at the beginning of your claim rather than waiting until the conclusion of the claim.
This would enable you to fund any therapy required and pay for your general living expenses. We recognise that it is often the case that our clients are unable to work as a result of their injuries and it is important that they are able to meet their daily living expenses as worries about financial matters can often be detrimental to a person’s recovery.
Many of our clients are in receipt of welfare benefits, and an interim payment may affect an individual’s entitlement to benefits. We are able to refer our clients to a specialist financial advice company who can provide advice as to opening a Personal Injury Trust which will allow payment of an interim payment whilst still retaining the entitlement to welfare benefits. Please ask one of our specialist solicitors who can provide you with further information.
Immediate Needs Assessment
We have strong links with a number of rehabilitation companies who are experts in the field of rehabilitation and can assist you in your recovery.
In cases where you have suffered a serious injury, we will arrange for them to undergo an Immediate Needs Assessment (INA). An occupational therapist will carry out a home visit in order to carry out an assessment to understand the injuries sustained and what your greatest needs are in the short term to help you to make a good recovery. Recommendations made in the report may look at your treatment needs or look at practical ways to assist you to go back to work, depending upon what your actual needs are at the time of the appointment. The recommendations made in the report may include:
- Aids and equipment;
- Assistance with travel and access to the community;
- Pain management;
- Psychological therapy; and
- Nursing care/support worker.
The report prepared following the INA will be individual to you. The outcome of the assessment should be to make your life easier and to assist you in your recovery as far as is possible.
In many cases, it will be appropriate to instruct a case manager who will oversee your therapy needs. We will carefully choose a case manager who is suited to your particular needs, whether that be in assisting you with your treatment or in your return to work, or both. The case manager will ensure that you have access to a specialist who will ensure that any services provided to you run smoothly. They will then also be able to recommend changes to your rehabilitation as your needs change.
Costs of Rehabilitation
Our specialist solicitors will consider any rehabilitation recommended ensuring that it is reasonable and proportionate to your claim. We will then include the costs of any therapy in your claim which will then be recovered from the other side at the end.