For anyone who has suffered a serious personal injury, whatever the cause of it, one of the first steps to take will be seeking treatment to get your life back on track.
It is well recognised in the medical world that rehabilitation is more effective the sooner it starts following an injury. This applies to physical injuries as well as psychological ones.
In recognition of the importance of this early intervention, the Rehabilitation Code was introduced in 2015. This Code promotes and encourages claimant solicitors and defendants to work together collaboratively to get an injured person onto the road to recovery.
This process should begin as early as possible, ideally before, or at the very least during the process of settling any compensation.
Ultimately, the purpose of a personal injury or medical negligence claim is to get the injured person back to their pre-accident life as much as possible. This means restoring every aspect of life including job or career, social life, physical activity, relationships etc.
Of course, each person’s road to recovery will vary, particularly with a serious or even catastrophic injury. The rehabilitation and care packages can range significantly but a good team working together with the right specialist expertise is crucial.
At Nockolds, we have put together such packages, ranging from:
- A team including a neuropsychologist, neuropsychiatrist, physiotherapist, speech and language therapist, occupational therapist and accommodation and neurorehabilitation experts; to
- A team including an educational psychologist, occupational therapist, physiotherapist, neuropsychologist and amputee rehabilitation and accommodation experts.
Often at the head of any complex team like this will be a case manager who will work closely with the solicitor (and deputy if there is one) to put together the right package for the injured person.
It is therefore crucial to find a solicitor who understands the necessity of this early intervention and collaboration so that the claimant stands the best chance of getting the treatment and help they need, when they need it.
Discussing any initial needs will often form part of the first conversation with a solicitor so that this process can be addressed as soon as possible.
Over the course of a personal injury claim, this collaboration will be ongoing, but it will generally start with the claimant solicitor notifying the defendant as soon as practicable of the existence of a potential claim.
Even where there is not necessarily agreement on liability, both parties should continuously consider and communicate whether there are any needs or aids that will facilitate the injured person’s recovery.
In the case of a very serious or catastrophic claim, this can initially be done by way of an Immediate Needs Assessment as detailed in the Code.
However, part of the collaborative process means that parties are not limited to the framework set out in the Rehabilitation Code and are free to agree an alternative process or method dependent on the circumstances.
The key focus for both parties is that the greater and earlier the intervention for the claimant, the easier it will be for everyone to determine the long-term impacts of the injury. Early intervention can also help to foresee any potential changes or developments that may affect the claimant, so that any compensation can account of these outcomes and allow the greatest level of independence and quality of life.
It is in the claimant’s best interests to get as much of the care and treatment needed in place before settling the claim.
For more information and to find out how we can help you, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.