I have recently started to act for a gentleman who has suffered a serious brain injury following a road traffic accident. He was walking along a pavement one morning, when a vehicle collieded with him. He was airlifted to hospital and given emergency life-saving treatment. Sadly, he suffered multiple fractures to his skull and face as well as injuries to his ribs and torso. As a result of the accident his short-term memory is affected. He is confused by things he took for granted prior to the accident.
The main priority in a case such as this is to make sure the client is supported by the correct type of medical therapists and receives appropriate treatment. The early signs in this case suggest that our client will need long term care from a physiotherapist, neuropsychologist, and occupational therapist.
In brain injury cases, solicitors usually liaise closely with the injured person’s family. Generally speaking, a person who has suffered a serious brain injury will need to be supported to make decisions in their best interests and a family member is often designated as their Litigation Friend who provides instructions to the solicitor.
Rehabilitation is essential, and our focus is to ensure that the client makes the best possible recovery. Only when their best possible recovery is achieved, can we accurately value a claim and look to negotiate a settlement with the opponents. Usually in these cases the opponents will be insurance companies or their Solicitors.
With input from the client and their Litigation Friend, I will shortly be instructing a case manager who will be one of the most important people in the resolution of the client’s claim. The case manager’s role is initially to assess the injured person’s rehabilitation needs. They will look at what treatment and therapy they might need to make their best possible recovery and set it out with costings in an initial report.
If an injured person needs alterations to their current home, or even a complete change of accommodation, the case manager will assist them with this. Often, with the installation of aids and equipment in and around their home, an injured person can stay on in their home.
The case manager will also be able to advise the injured person about what state benefits they may be entitled to, making things easier for them and their families ensuring that they have one less thing to worry about.
Happily, in some cases, the injured person will be return to work. A case manager will be able to give assistance to them to ensure that if they can go back to work and ensure that adaptations will be put in place to help them. They may need to change to a different type of job, and this is something else that the case manager can investigate with them. Once a suitable job has been identified, the case manager will give the injured person vocational assistance and training so that they can find the right role for them.
It is very important that the client trusts the case manager, so making sure you appoint the right person is paramount. Usually case managers are qualified therapists and often from a nursing, occupational therapy, or physiotherapy background. When liability for the accident is admitted, then the insurance company of the person who caused the accident will normally pay the case manager’s fees, and the costs of what they recommend.
My job as the solicitor, is to make sure my client is happy with the recommendations the case manager makes, and to ensure they are acted upon, and paid for in a timely manner.
A case manager will consider the injured person’s physical, vocational, intellectual, care and emotional needs and advocate for the injured person. They will deal with many problems that may arise, but ideally should anticipate any potential problems and put procedures in place so that things run as smoothly as possible.
In the main, Insurance companies will agree to fund the reasonable recommendations made by the case manager, as it usually in their best interests as well as those of the injured person. It sounds cynical, but it is true to say that the less long term needs an injured person has, the less it will cost the insurers. The more that can be put in place at the earliest possible stage, the better the outcomes for everyone.
The road to recovery will always be a difficult one, with many challenges along the way for both the injured person and their family. I have been privileged to see clients make incredible improvements to their lives following life-changing accidents, and it is always inspiring. The right case manager and solicitor are fundamental in bringing a brain-injured person through the worst of times with the support, treatment and care they deserve.
Our experienced Solicitors are waiting to hear from you. If you or someone you know has suffered a brain injury, and you would like to discuss it with us, please don’t hesitate to get in contact by calling 0114 218 4000 or email; info@tayloremmet.co.uk. We can usually see clients at home or via video conferencing if it is safer to do so.
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