Benefits of rehabilitation in severe brain injury

Matthew Claxson and our serious injury specialists acted for our client following a serious road traffic collision. Our client was an unrestrained rear seat passenger when the vehicle he was travelling in left the road and collided with a tree.

The impact ejected him through the rear window. He suffered a serious orthopaedic lower limb injury and a moderate to severe brain injury. The front seat passenger, who had been the owner and insured person of the vehicle, died in the collision.

The consequences extended beyond our client’s physical injuries. While he was in hospital, he lost the bedsit where he had been living before the collision.

At the time, he was estranged from his immediate family, unemployed and had no personal possessions. These circumstances meant that securing suitable accommodation and rehabilitation were important parts of the work carried out alongside his compensation claim.

The circumstances surrounding the collision raised several significant issues. The driver did not have a driving licence and was not the owner of the vehicle, although there was a policy of insurance covering the vehicle. The driver had also consumed alcohol.

Our client had not been wearing a seatbelt. Our specialists therefore needed to investigate the collision carefully and establish the position regarding insurance and liability.

After being instructed by our client’s litigation friend, our lawyers obtained information about the vehicle from the police and identified the Road Traffic Act motor insurer. We then engaged proactively with the insurer and its solicitors.

The insurer agreed to work under the Rehabilitation Code 2015. This allowed a brain injury case manager to be jointly instructed while liability issues were still outstanding.

The case manager brought together a multidisciplinary treatment team for our client. It included a neuropsychologist, occupational therapist, neuro-physiotherapist, speech and language therapist, rehabilitation assistant and support worker. The insurer met these rehabilitation costs in full.

This meant our client could access specialist rehabilitation without waiting for the liability issues in his claim to be resolved.

Our client also needed suitable accommodation. At a pathway meeting involving the case manager, our lawyers and the insurer’s solicitor, it was agreed that permanent housing was required.

Our client did not have the resources to pay for it himself. The insurer therefore funded the rental property that was identified and that our client wanted. Once he had a stable base, he attended a local private hospital for privately funded orthopaedic treatment.

After recovering from his lower limb injury, his rehabilitation assistant and occupational therapist worked with him to provide structure and support around the effects of his brain injury as he began rebuilding his life.

The insurer also made voluntary interim payments. These are payments made before a claim concludes and are deducted from the final settlement.

As our client’s rehabilitation progressed, our experts arranged medico-legal assessments so that the full value of his claim could be considered.

Evidence was obtained across a wide range of specialist areas, including neuroradiology, neurology, neuropsychiatry, neuropsychology, orthopaedics, speech and language therapy, occupational therapy, nursing care, physiotherapy, employment and accommodation.

At the same time, our lawyers attended the criminal proceedings against the driver to better understand the collision and the potential liability risks affecting our client’s claim.

Our lawyers attended a joint settlement meeting with our client, his litigation friend and his barrister. A settlement was agreed and subsequently approved by the High Court for a seven-figure sum.

Because our client lacked mental capacity to manage his property and financial affairs as a result of his brain injury, the settlement funds would be managed by a deputy appointed by the Court of Protection.

By the time the claim settled, our client was living in privately rented accommodation. He had reunited with his mother and sisters and had support from a case manager, who organised therapies and unpaid work.

The outcome gave our client sufficient funds to move forward with his life, while the support put in place during the claim had already helped him make important progress following his injuries.