Rehabilitation — helping you recover faster

Immediately a Solicitor agrees to act for an injured Client, Rehabilitation investigation should be at the top of the Solicitors “things to do” list.

How can you help me recover faster?

Most now know that if you have been injured and it was not your fault then you may be entitled to some compensation. Whilst money cannot change what has happened, it can help you to deal with the consequences.

However, sometimes we can also arrange for earlier treatment to be paid for, so you can get your life back faster.

What sort of injury does this cover?

This applies whether the injury occurred through an accident on the road, or at work, following substandard medical care, or when simply going about your everyday business.

I have had some extra expenses. Can I have them paid for me?

There are two aspects to the claim. Firstly, a value is placed on your pain, suffering and loss of amenity (ability to do things you normally would). Secondly, a claim may be made for any financial loss which you have suffered. For example, you may have lost wages, incurred medical expenses including treatment costs or suffered property damage. You may need special equipment for your home.

What should I do to get this help?

Why not discuss with us the circumstances of the accident; we could advise whether or not you may have a claim. There would be no charge for this, and no obligation.

At Thomas Dunton Solicitors we also offer “No Win, No Fee” agreements. If your claim is successful then the other party is responsible for most of your legal costs. If your claim is unsuccessful there is nothing to pay.

Early intervention

Rehabilitation is a cost effective measure for both the accident Victim and the Insurer, which enhances levels of productivity and independence. By far the best rehabilitation is early intervention and a combination of measures to work around the victim’s impairments.

Account should be taken of the individual’s wishes, the resources available and the individual environmental barriers. Whether the Rehabilitation has been successful may be best judged by the injured Victims subjective wellbeing at the end of the course of rehabilitation.

Rehabilitation Code

Under the Rehabilitation Code of 2007 Insurers and Victim’s Solicitors are encouraged to work together to address the Victim’s needs through early exchange of information and notably even before agreement on liability for the accident.

Under the Code the Insurers should pay for an agreed Assessment and would then have to justify a refusal to follow the Assessor’s recommendations for action/treatment. To be clear, if the legal claim fails the Insurer will not seek to recoup its cost.

The British Society of Rehabilitation Medicine is a learned Society representing Doctors who practise in Rehabilitation Medicine and is therefore a very helpful source of information, as is their Guide to Best Practice at the Interface Between Rehabilitation and the Medico-Legal Process.

Assessment of Rehabilitation Needs

A decision to seek separate Assessment of Rehabilitation Needs should, however, only be made after consultation with the treating, usually NHS, Clinical Specialist. In the same vein recommendations made by the Assessor should be similarly referred back to this Specialist for approval.

The Claimant can then make an informed decision whether to proceed with the recommended treatment and, if so, how, under the NHS on or a private basis. It is a long established principle by Section 2 (4) of the Law Reform (Personal Injury) Act 1948 that in any argument as to the reasonableness of the cost of private medical treatment (within a claim for damages for personal injury), the availability of NHS treatment shall be disregarded.

It is certainly wise anyway for the NHS to be kept informed and reciprocally for the Lawyer to remain aware of the NHS Discharge Planning Documents including those relating to Statutory Services which will be provided.

In a case where the NHS disagrees with the proposals of the Assessor, the ultimate decision, of course, remains with the accident victim, but it is desirable that the NHS Specialist consults, for example, with the Private Specialist to see if a compromise can be reached in the victim’s best interests.

“Postcode Lottery”

One other concern often raised over Rehabilitation services is the “Postcode Lottery” Syndrome. It is only in a small number of very serious cases that the NHS will transfer patients out of the area for optimum treatment.

It remains to be seen whether a challenge based on the Common Law of Negligence or the Human Rights Act 1998 is successful in compelling the NHS to provide optimal Rehabilitation but any reluctance upon the NHS’ part to interfere with the planned allocation of resources to create logistical problems or to open the flood gates may be major defensive barriers to such a challenge.

In certain circumstances the expense of defending a challenge may however cost the Authority more than the actual cost of providing the treatment, so it may be worthwhile taking such wider considerations into account.

Contacting our Personal Injury Team

To arrange your free first interview where we can assess your case and discuss funding your claim, please contact on us on:

01689 822554 or Free Phone Advice Line: 0800 146 340 or email us at accident@thomasdunton.co.uk.

What our clients say about us:

  • “He always made us feel like we were his most important clients. He provided a fast and professional service with a politeness and discretion that is second to none. We cannot recommend Mr Sardo more highly”.

  • “Thank you for all your hard work. You have been amazing. I will forever be thankful that you were my solicitor.”

  • “Vernon Hadida is by far the best solicitor I have ever dealt with.”

  • “Extremely satisfied with the service which I considered excellent value for money.”

  • “I was very happy with the service. I was always able to speak to somebody that could help me when I telephoned.”

  • “Consistently efficient and vigorous in his application, always acheiving excellent outcomes.”

  • “Extremely fast and professional service with a politeness and discretion that is second to none.”

  • “We will not hesitate to recommend Mr Sardo to anyone wishing to pursue a claim.”

  • “Thank you for all your work on my claim. I am extremely grateful for your assistance.”

  • “Thomas Dunton exceeded my expectations in terms of both service quality and value for money.”

  • I would like to thank Mr Sardo for his help and I would come back to Thomas Dunton if I need a solicitor’s advice again.      30th January 2014

  • Thank you very much for your endeavours for making this all happen and come together – I now feel I can carry on with my life. April 2016

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