The realities of rehabilitation following a life-changing injury

Over the last 20 years, I have secured millions of pounds for clients in compensation following life-changing injuries, but they all have one thing in common – that they would give it all back if they could ever secure a recovery from their injury. 

Whether suffering from a brain injury, spinal cord injury or an amputation, bringing a claim is rarely about the final sum of money, but instead it is about accessing the rehabilitation that they need to make the fullest recovery possible for the Claimants and their families.

My clients will never give up in making the most of their recovery, but often they need some help and support along the way. Where someone else will be to blame for the injuries, the Defendants and their insurers should have a similar interest in providing rehabilitation – the better the recovery an injured person makes, the less money they need for the future, and so the less that the insurer has to pay.

It is in the Defendant’s interests to help those they have injured – but some are better at this than others.

Working well together

When Defendants engage positively, they will provide ‘interim payments’ to the Claimant, which is an advance payment of some of their compensation.

Along with replacing missing earnings, Claimants will also be able to have private rehabilitation co-ordinators known as ‘Case Managers’, who will discuss a client’s goals, aims and objectives, and establish how their rehabilitation needs can be met alongside the demands of their life.

They can engage a range of therapy professionals able to see the client in their own homes, at convenient and predictable times, and co-ordinate their input towards the agreed goals.  They can access the best aids and equipment, gym memberships and the like – whatever is needed to achieve the best recovery possible.

In my experience, the earlier rehabilitation is put in place, the better the outcome, and there is plenty of literature to back this up.

Dealing with resistance from Defendants

Unfortunately, some Defendants and their insurers take a different attitude. Sometimes, they understandably believe that they will win the case and never have to pay – but on others, they may take a more tactical approach and try to apply pressure on Claimants to accept lower offers to settle the case.

In these cases, they will either refuse to provide any interim payments at all, or try to insist on a process where they can control how much rehabilitation is provided and how it is delivered so as to limit the cost.

In these cases, the Claimant will need to issue an application to the Court so that the Judge can order the Defendants to provide interim payments. Invariably, these are successful – either by a climbdown from the Defendant before the hearing takes place, or by the Judge making the order.

As solicitors, we have to be preparing from the start to be able to make these applications so that clients are helped, regardless of the Defendant’s approach.

Continuing support

Often, a full recovery is not possible – but rehabilitation can be successful anyway.  Helping someone to move a little better, walk a little further, participate in family life a little more can be so rewarding following an injury.

Where challenges remain, the rehabilitation professionals can also look at help and support to minimise the impact of the injuries on daily life.

Outcomes

At Price Slater Gawne, we work with a range of highly specialist Case Managers and therapy professionals – one of the privileges of my job is to witness Claimants’ rehabilitation journeys as they surpass their own expectations (and at times even exceed the expectations of their therapists).

I have seen clients return to snowboarding and football, try zip-lining, archery, fishing or even axe-throwing! I have witnessed the joy in people being supported to regain driving licences, move into their own homes and raise families.

Get in touch

If you or a loved one has experienced a life-changing injury, our experienced Serious Injury team would be glad to discuss your case with you and help you explore your options in more detail.

Contact our specialist lawyers today by calling 03333 058375 or email to [email protected]. We’re here to help.