In this second article on Brain Injury we look at some of the ways your Solicitor can help you make the most of your recovery.
The 2015 Rehabilitation Code is a Code of Practice which places a duty on the Claimant Solicitor to help the injured person make the best and quickest possible medical recovery to enable them to return to their lives and work.
In Brain Injury Claims, this Code requires the Solicitor and Defendant Insurance Company to work together from the outset. So the role of the solicitor is not just about pursing a claim for damages for personal injury but being far more proactive in arranging medical help and support where needed. Defendant Insurers will generally want to consider whether there is a possibility of blame before engaging with the Code but in most cases they do so.
In practical terms the Solicitor’s duty is to discuss with the injured person or their family what needs they have and give that information to the Insurers. In serious cases such as brain injury there will be an agreement to appoint a Case Manager to carry out an Immediate Needs Assessment, to liaise with NHS Clinicians to identify what, if any, additional support/treatment is required.
The responsibility of the Case Manager is to be independent and their duty is to the injured person. The Case Manager will recommend rehabilitation to maximise recovery and mitigate any losses. This is a unique role and often the Claimant Solicitor and Case Manager will work very closely to support the injured person throughout the length of the case and often beyond so that the injured person is supported for the rest of their lives.
If you have been seriously injured and believe that you would benefit by Rehabilitation and the appointment of a Case Manager please contact Anne Maguire, Head of Personal Injury and a member of the Brain Injury Group for confidential legal advice on the possibility of pursuing a claim and obtaining the support that you need and deserve.
If you would like to receive initial free advice about the possibility of pursuing a brain injury claim please contact Anne or any member of our team on 01908 689365.