The purpose of the personal injury claims process is to restore the individual, so far as possible, to the position they were in before the accident. The Rehabilitation Code 2015 provides a framework for the claimant solicitor and compensator to work together to ensure that the claimant’s health, quality of life, independence and ability to work are restored in tandem with the process of assessing compensation.
Both sides can agree to work together collaboratively to deploy rehabilitation at an early stage in the litigation process, sometimes before liability has been determined. The main advantage to the injured person is that any funds paid under the Rehabilitation Code or what is termed “joint rehabilitation” are paid by the compensator “win or lose”. The potential downside of “joint” rehabilitation is that the compensator, not the injured person, is “in charge”. It is vitally important, in our experience, for the injured person to feel in control of the process. Rehabilitation done at the right time and in the right way, with the right team of professionals, can work wonders.
The serious injury team at George Ide LLP assisted a client who became (incomplete) tetraplegic following a low velocity road collision leading to compression of the brain stem. He underwent a spinal cord decompression (cervical laminectomy) surgery. The client, facing the consequences of catastrophic/ life changing injury, was enabled by us and a team of specialist professionals to put in place rehabilitation, care and support, aids/ equipment and adapted housing. His quality of life was transformed, and peace of mind was restored. On Client’s instructions we agreed with the driver’s insurance company to act under the Rehabilitation Code. A specialist spinal cord injury case manager led a multi-disciplinary team. The claim was settled for a substantial 7 figure sum.
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