We have acted for clients who have had more than one personal injury claim through our firm at different times.
We’ve even had one client who had three ongoing personal injury claims at the same time.
But we always say to clients that you would never “go into business” making personal injury claims because the return you get in terms of compensation never makes up for the pain and suffering and general hassle that is associated with every personal injury claim for compensation.
Recovering your health is much more important than any compensation you might receive.
It is much better to make more of a physical and mental recovery from your injuries and get less compensation than it is to make less of a recovery and get (perhaps) somewhat more compensation.
Given the importance in this equation of rehabilitation and making as good a recovery as possible, what help can we give you and can others give you in maximising your health improvements following an accident and injury?
For many people in Scotland, the thought of making a personal injury claim feels like it is only about seeking a “payout”.
However, that is not the case for everyone.
Research by the Association of Personal Injury Lawyers (APIL) (links to downloadable PDF) shows a significant “justice gap,” where 44% of negligence victims take no action to claim.
This is often because they are focused on their recovery (rather than getting compensation) and do not realise a solicitor can actually help with that process too.
The true purpose of a personal injury claim is to put you back in the position you would have been in if the accident had never happened.
Money is part of that but early access to high-quality rehabilitation is often the most valuable help that you, as a claimant, can secure.
The real incentive is getting your life back?
Many injured people find that they don’t just want money; they simply want their old life back.
Rehabilitation is the single most potent driver of meaningful recovery.
It helps you recover more completely, improve your quality of life, and return to work and hobbies more quickly.
By making a claim in Scotland, you may be able to secure access to private treatments that bypass lengthy NHS waiting lists.
Under the 2015 Rehabilitation Code and the latest NICE Guidelines (2022), the focus is now on a person-centred, holistic approach where your needs are assessed starting from the very first day of your claim.
What kind of help can you secure?
Beyond compensation for the pain and suffering caused by your injuries, a successful claim can provide funding for many different things.
From minor injury cases upwards, privately-funded specialist therapies can be very helpful because the NHS may not provide the same intensity of therapy or only after a lengthy delay or even not at all. Time is of the essence in NHS treatment and this can result in you only being shown what to do by a therapist rather than having someone take the time with you in a hands-on fashion over multiple sessions to make sure you’re doing it right in order to get the full benefits.
The most-commonly encountered specialist therapies in personal injury claims in practice would be intensive physiotherapy for physical injuries or Cognitive Behavioural Therapy (CBT) and EMDR for psychological trauma such as PTSD.
In cases involving very serious and life-changing injuries, the following are examples of possible heads of claim:
- Case management: a dedicated case manager can coordinate your recovery journey, from hospital discharge to long-term care.
- Home and vehicle adaptations: secure funding for wheelchair ramps, stair handrails, accessible wet rooms or adapted vehicles to help you maintain your independence.
- Specialist equipment: can include high-tech prosthetics, all-terrain powered wheelchairs and home gym equipment for ongoing rehabilitation.
- Support services: Claims can even cover practical help such as private carers, support buddies, gardeners, or cleaners to alleviate pressure on your family.
As an example of a situation where we have assisted a client with funding for required treatment, take a motorcyclist injured in Moray who had multiple lower and upper limb fractures, resulting in significant mobility problems over an extended period, with associated mental health issues in the form of an Adjustment Disorder.
This client had successful physiotherapy via the NHS but we funded 17 sessions of CBT for them to assist with their psychological recovery.
In another Moray case involving a crush injury to the client’s hand at work, they had significant problems sleeping and us funding a few sessions of private physiotherapy resulted in a special splint being devised for them which significantly improved their sleep quality and so also their quality of life generally.
In these cases, we funded the treatment up-front and were reimbursed from our client’s compensation payment (which included a provision for these costs) when the claim concluded.
Why do insurers want to help you recover?
It may seem strange that a “compensator” (usually an insurance company) would be eager to fund your private treatment.
However, the interests of the injured person and the insurer are often aligned.
If early intervention helps you recover better and return to work, the insurer’s ultimate bill for long-term care and loss of earnings is reduced.
In Scotland, solicitors use the Compulsory Pre-Action Protocol as a means to alert insurers to your rehabilitation needs at the earliest possible stage. Even before liability is fully admitted, insurers often agree to fund an Immediate Needs Assessment (INA) to determine exactly what help you need to get back on your feet.
There is science which backs up the concept of “early intervention”.
The latest advancements in neuroscience emphasise neuroplasticity – the brain’s ability to reorganise itself after an injury. The peak period for this recovery is in the first few weeks and months following a trauma. Relying solely on the NHS in Scotland can sometimes mean waiting weeks or months for a referral, during which time your window for the best possible recovery may begin to close. A compensation claim can act as a key to unlock private funding, minimising the risk that the clock will run out on your recovery.
Your personal injury claim can be about much more than money if you “Think Rehab”.
If you have been injured through someone else’s negligence in Scotland, do not let the “greed” myth or the stress of the process deter you.
Personal injury lawyers are increasingly committed to a “Think Rehab” philosophy, prioritising your physical and psychological well-being as much as getting financial redress for you.
The support provided by a solicitor can be crucial in helping you deal with the consequences of an injury and rebuild your life.
Contact us for help.
If you have questions about rehabilitation or any aspect of a personal injury claim in Scotland, please get in touch. All initial contact is free of charge and carries no obligation.
Give us a call on 01343 544077 or send us a Free Online Enquiry.
