fentons solicitors llp a leading uk personal injury firm freephone 0800 55 77 88 the role of the...

Fentons Solicitors LLP a leading UK personal injury firm www.fentons.co.uk freephone 0800 55 77 88

The role of the Solicitor in Rehabilitation

By Matthew Claxson

Partner at Fentons Solicitors LLP


Delivery of RehabilitationPrivate or NHS?

Statute

Section 2(4) of the Law Reform (Personal Injuries) Act 1948 provides:-

“in an action for damages for personal injuries … there shall be disregarded, in determining the

reasonableness of any expenses, the possibility of avoiding those expenses or part of them by taking

advantage of facilities under the National Health Service”.

Code

Rehabilitation Code 2007. The insurer voluntarily agrees to participate in the assessment and treatment of

the injured person at an early stage.

Funding

Interim payments.


Benefit to Claimant

1. Early intervention may have a bearing on the period of recovery [also frees up NHS resources]

2. Promotes autonomy for individual by training them how to self manage

3. Improves quality of life

4. Improves family relations


Case study 1

Joe’s claim

On 1st September 2010 Joe was working as a self employed Black Cab

driver in Central London when he brought his Cab to a stop at road works

on Waterloo Bridge .

Unfortunately the 4x4 behind failed to stop resulting in a “fender bender”.

Joe’s difficulties are:-

a) Neck pain

b) Effect on his income


Case study 2

Billy’s claimOn 27th June 2008 Billy, aged 13, was with his twin brother crossing theroad to his school. Billy was just in front of his brother, stepping from the road onto the pavement when he heard a thud, he spun round, witnessing his brother being struck down by a car. Billy had witnessed a tragic road traffic collision resulting in the death of his twin.

Issues:-1. PTSD2. Treatment for Billy and family unit 3. Education/employment


Case Study 3Amber’s claim

On 23rd March 2009 Amber, aged 18, was a front seat passenger in a

motor when the driver lost control and collided with a tree. Amber was

cut from the wreckage and amongst her injuries suffered a right above

knee amputation.

Issues :-

a) Physiotherapy

b) Counselling

c) Accommodation

d) Employment

e) Prosthetics

f) Mobility – wheelchair, adapted car


Basic legal principle• “….the object of the ward of damages for future expenditure is to

place the injured party as nearly as possible in the same financial position as he or she would have been in but for the accident….”

• Lord Hope Wells v Wells [1999] 1 AC 345


Questions ….

fentons solicitors llp a leading uk personal injury firm freephone 0800 55 77 88 the role of the...

Documents