How to access rehabilitation after a personal injury
The aim of taking legal advice in a personal injury or medical negligence claim is to put you back in the position (at least financially) that you were in before the injury happened. The compensation will help you replace lost earnings and cover additional expenses you’ve incurred.
Many injuries will require a degree of rehabilitation to aid recovery and help you lead as full and independent a life as possible.
In the context of making a claim, rehabilitation will make the best use of all available resources to get you to the best level of recovery possible. This helps your solicitors ensure that the level of compensation claimed is reasonable and will meet your present and future needs.
What rehabilitation involves
Rehabilitation can take many forms and will vary from person to person. The process usually starts with input from doctors and nurses in hospital or as an outpatient. If you have suffered very serious injuries, it’s likely a case manager will manage your rehabilitation package and connect you with a team of rehabilitation providers.
Potential rehabilitation therapies:
- Cognitive behavioural therapy and other talking therapies
- Vocational therapy
- Speech and language therapy
- Occupational therapy
- Alternative therapies
It could also include gym membership and/or a personal trainer, or reviewing and adapting your accommodation. It may even help you get back to work, either in your previous occupation or in a new career if that’s not possible.
Whatever form it takes, the best rehabilitation plan puts you at the centre. It will identify what help you need and how best to provide it, and provides ongoing support throughout your recovery.
How rehabilitation is funded
Although the NHS works hard to provide rehabilitation to people who are injured, resources can sometimes be limited and waiting times long. You may prefer to access compensation through your claim to fund rehabilitation privately.
The Rehabilitation Code
The code is in place to ensure the smooth running of the rehabilitation claim. It should be adhered to by all parties from the very start.
The key stages are:
- All parties agree the identity of your case manager.
- The case manager carries out an immediate needs assessment.
- The case manager completes a report that identifies your injuries, ongoing symptoms, disability and incapacity caused by your injuries and any treatment received or required. It will consider the impact on your home and social life, working capacity, mobility and accommodation needs. It will identify the availability of planned treatment/support and make recommendations to address these needs.
- The report is designed to help with your medical and rehabilitation needs. It’s not an expert report and will not provide diagnosis or prognosis, nor help settle your claim.
- The assessment and any recommendations made would normally be funded by the defendant (unless there’s an ongoing dispute regarding primary liability).
How we can help
If you’re concerned that your solicitor hasn’t addressed your need for rehabilitation, please let us know. You can change your solicitors at any time if you are not satisfied with the service provided.
Our expert Jenny Ray is a specialist in acting for claimants with serious injuries. Please give her a call on 01273 384 001 or email firstname.lastname@example.org if you have any questions on the contents of this blog, or wider concerns around personal injury or medical negligence.