Rehabilitation in Serious Injury Claims
17 February 2016
Rehabilitation is a crucial part of any personal injury or medical negligence claim but it's critical for anyone making a serious injury claim because rehabilitation allows the victim to access specialist medical treatment and rehabilitation support quickly; which in many cases helps the injured person to recover faster.
Not having to worry about the costs of rehabilitation aids and support also helps many people to recover quicker. Our Serious Injury Solicitors know from experience that many of the people who come to us for help are relieved when we tell them that their claim can be dealt with by a No Win No Fee agreement.
Our clients who have suffered from serious injuries after an accident or a medical mistake often face a long recovery, and sadly for some they may never be as they were before the life changing incident occurred. In serious injury claims, which are also known as catastrophic injury claims, it is common for compensation settlements to include covering the costs of rehabilitation support ranging from specialist medical treatments, rehabilitation aids and support services, and adaptions being made to the home, the workplace and to vehicles.
Whilst we know about the benefits of getting rehabilitation started quickly, anyone making an injury claim in the UK should be aware that this relies on getting an agreement from the insurance company of the person or party at fault for the accident or incident that caused serious injuries.
This usually happens when they admit responsibility for the accident and then our Serious Injury Solicitors can put rehabilitation in place. This usually happens as a joint process between our Solicitors and the insurance company Solicitors. In claims where the other side deny liability we can litigate (sue them) to secure a fair settlement for you.
Rehabilitation usually happens after the treatment you would receive in hospital immediately after your accident and is there to help assess your continuing treatment needs, physiotherapy requirements and treatments.
Rehabilitation not only assesses your needs from a treatment perspective, it will also consider and assess your requirements for adaptations to your home, workplace and vehicle. In some serious injury cases and depending on the injuries you sustained, you may need to move home if your property is unsuitable for your future needs.
The doors in your current home may not be wide enough to accommodate a wheelchair or there could be problems with access to a bathroom on the ground floor, or if there are steps to get into the front door it may be problematic trying to access the door without a wheelchair ramp.
Home adaptations can mostly overcome these challenges, however if it becomes necessary to move, we will work to secure the cost of this move as part of your claim for compensation.
Adaptations may also be required in other areas of your life such as your work or your car or motorcycle as a result of the injuries you sustained. Where this is necessary, the rehabilitation providers can assess your needs and requirements and we can claim for these adaptations to your work or vehicle in your serious injury claim.
With the NHS under so much pressure to reduce costs, NHS waiting lists can be lengthy with waits in some cases of up to 12 weeks for treatment. In the case of any serious injury, the time period after the accident/incident is critical and quick treatment will hopefully ensure a speedy recovery and a better outcome.
In many serious injury compensation claims where injuries involve loss of limb or amputation, rehabilitation allows you to access the best prosthetic limbs, which would be custom made for you. In addition, you could work with the experts in this field to ensure the fastest recovery time, getting the physiotherapy you need to help with adapting to a prosthetic limb in a timely manner, but they will also understand the frustrations and setbacks that you may face. Their expertise will help you to overcome these setback where possible, and start to put your life back together.
When it comes to going back to work, your injuries may mean that no amount of rehabilitation will allow you to get back to your old job. If this happens, your rehabilitation provider can provide a report on your physical abilities post-accident to help you and your employer decide if you can continue on in a different role. In most cases you will be compensated for this loss in your serious injury claim.
As with any personal injury or medical negligence claim, it is vital to ensure that we have the full picture of your injuries and a complete understanding of the impact on your life, your family home and work life before settling the claim. By agreeing rehabilitation with the other sides insurance company, they will pay the fees direct meaning that you can wait until the outcome of your injuries is known before settlement of your claim without this being detrimental to your recovery.
At Co-op Legal Services our Serious Injury Solicitors offer free legal advice without the jargon. When you contact us we can review your injury claim at no cost to you and provide expert guidance on what you should do next.
If we can take on your injury claim with a No Win No Fee agreement, this means there is no financial risk to you, win or lose*. As part of the Co-op, our values of openness, honesty, social responsibility and caring for others are core to the service we provide.
* Subject to entering into and complying with the terms of a No Win No Fee Agreement and taking out and complying with the terms of an After The Event insurance policy (when appropriate).