Importance Of Rehabilitation For Life Changing Injuries
Here at Anthony Gold Solicitors, we have extensive experience in representing people who have sadly suffered truly life-changing injuries, the effects of which often impact every aspect of our clients’ lives.
While our ultimate aim is to negotiate a comprehensive compensation package that aims as closely as possible to put our clients back in the position they would have been in had the accident never occurred, it is equally as important to us that we try to secure funding for rehabilitation during the lifetime of cases to help secure the best recovery possible.
For our clients who have suffered life changing injuries, they often simply just want to do everything they can to get their lives back on track. Getting access to top-quality rehabilitation is often a huge help in achieving that goal.
While the NHS is fantastic, there is a limit to the services that they can provide, especially during particularly busy periods.
Obtaining funding for rehabilitation during the lifetime of a case is certainly not a given. This is because any agreement by the Defendants to provide this funding is entirely voluntary and there is no obligation on them to do so.
Despite this resistance, we work hard to secure funding at the earliest stage of the case as possible, often even before liability for the accident is admitted.
Where our clients have suffered life changing injuries, we are often able to persuade Defendants to provide funding for rehabilitation under what is known as The Rehabilitation Code 2015 (“The Code”).
The Code encourages Defendants to consider whether the injured person might benefit from early rehabilitation to enable them to achieve the best recovery possible.
I represent a client who suffered serious fractures to her lower limbs in a road traffic accident. She required surgery but was left with very little follow-up from the hospital after her discharge.
Despite repeated attempts to contact the physiotherapy service directly, as well as through the hospital and through her GP, she was told that they were at capacity, and she would remain on the waiting list for the foreseeable future. She was left struggling with constant pain, discomfort and ongoing mobility issues.
Luckily, we were able to act quickly and even without an admission of liability, we secured funding from the Defendant for an Initial Needs Report to be prepared by a specialist case manager.
He recommended an intensive course of private physiotherapy sessions as well as other support to allow her to manage tasks independently at home.
The vast majority of the recommendations were agreed by the Defendant, and they provided all of the necessary funds under The Code.
Our client is firmly on the road to recovery and having the support of a team around her has helped her to stay positive on tough days.
Time Scales for Rehabilitation Funding
While, under The Code, Defendants are encouraged to consider agreeing such funds even before liability is admitted, there is no time limit and if it is agreed, funding can be obtained at any stage in a case.
For example, in another matter, I have been able to obtain funding under The Code for a significant multidisciplinary treatment package a couple of years after liability was admitted. The client had suffered several serious injuries and his condition was deteriorating as time went on rather than improving.
He already had a case manager on board who arranged for him to be assessed by a specialist who recommended an extensive treatment programme.
Despite the high costs, we were able to obtain the funding under The Code and happily our client made great progress.
It is also possible to obtain funding for private surgery, particularly where NHS waiting lists are very long.
In recent months I have been able to obtain either funding under The Code or by way of an interim payment from Defendants to fund surgery on a private basis to enable my clients to seek the treatment they need on an expedited basis.
Recently, I acted for a client who had suffered an open fracture to her leg in a collision while she was riding her bicycle.
I was able to secure funding for her to have problematic metalwork removed quickly at a private hospital and a course of post-operative physiotherapy to support her recovery after that.
She had suffered very serious and potentially life changing injuries, but the rehabilitation provided helped her to make a good recovery.
Without it, she would likely have been on an NHS waiting list for several months, so it was certainly a relief for her and one less thing to worry about.
Our priority is to try and secure the best possible outcomes for our clients in their recovery, and obtaining funding for rehabilitation often goes a long way to achieving that goal.* Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*