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13 December 2024
When you choose Battens to handle your personal injury claim, you can be confident that we will strive to secure the compensation you rightly deserve for the injuries and financial losses you have suffered. However, many people are unaware that with the right legal representation, a personal injury claim can offer much more than just financial compensation.
Since 1999, the Rehabilitation Code has been in place, developed collaboratively by insurance companies and legal representatives for injured individuals. This code aims to foster cooperation between both sides of a claim to address the injured person's need for rehabilitation early on. It ensures that funding is agreed upon to provide timely access to medical treatment, care, and other necessary support to facilitate a full and swift recovery.
While some may view the Rehabilitation Code as a strategy for insurance companies to minimise compensation payouts, the reality is that most injured individuals would welcome the opportunity to access private medical care. This is especially true when NHS resources are stretched thin, leading to significant waiting times. Early access to medical care can help individuals feel better and return to their normal lives more quickly.
At Battens, we prioritise rehabilitation from the outset of every claim, regardless of whether the injuries are modest or life changing. In our experience, early rehabilitation is only hindered when there is a complete denial of liability and a commitment to contest the claim through to trial. In most cases, even when the opposing insurance company does not accept liability, they are usually willing to cooperate with the rehabilitation process if there is a perceived risk that their policyholder might ultimately be found liable.
When an insurer agrees to participate, a carefully selected case manager assesses the client's needs, and funding is provided to implement the rehabilitation plan. Importantly, the injured person is not required to repay any rehabilitation costs if their claim is unsuccessful or discontinued.
Rehabilitation funding covers more than just traditional treatments like physiotherapy or psychological therapy. It can also include assistance with transportation to medical appointments, funding for surgeries (especially when NHS wait times are prohibitive or the procedure is unavailable on the NHS), and home adaptations to enhance independence. Additionally, support for retraining and finding alternative employment may be provided, tailored to each client's specific needs.
In some instances, the rehabilitation process can even facilitate moving the injured person into accommodation better suited to their needs.
Battens proudly supports the Association of Personal Injury Lawyers (APIL)’s Rebuilding Shattered Lives campaign, which aims to ensure that the law protecting victims of negligence remains robust and that financial support is available to help rebuild lives. A significant aspect of this involves rehabilitation, as illustrated by "Rusty’s Story," a real-life example of how early rehabilitation helped a severely injured man, who lost a limb in a road traffic collision, begin to rebuild his life. To learn more about Rusty’s story click on the following link https://rebuilding-shattered-lives.org.uk/
At Battens, we possess the specialist knowledge, skills, and experience to work with you and help you access the resources needed to start rebuilding your life as swiftly as possible. Whatever rehabilitation means to you, we are here to support you every step of the way.
For more information and advice on a Personal Injury claim, contact our Personal Injury and Clinical Negligence Team on 0800 652 8373.