£3m Recovered For Client Following Treatment Under The Rehabilitation Code

I was pleased to conclude a case recently for my client, aged 66, who was involved in a catastrophic road traffic accident on 13 May 2024.

Circumstances of the Accident

On the day of the accident, my client was attending a health club when she was struck by a reversing lorry. The vehicle ran over her before reversing back over her a second time and coming to a stop.

As a result of the collision, my client sustained life-threatening injuries including a severe spinal fracture, multiple rib fractures, respiratory injuries, fractures to her femur, clavicle and scapula, together with significant soft tissue injuries and complications including acute kidney injury and sepsis.

Life Changing Injuries

My client was taken to King’s College Hospital where she underwent extensive emergency treatment. She required intubation and ventilation during a prolonged stay in intensive care due to respiratory failure. She underwent surgical fixation of her femur, conservative treatment for her spinal injuries, and management of serious complications including pneumonia and kidney failure.

My client was transferred to other hospitals locally for ongoing treatment before commencing a lengthy period of inpatient rehabilitation at a specialist unit. The accident had a profound impact on her life, leaving her with significant physical limitations, reduced mobility and a substantial loss of independence.

The Rehabilitation Code

The Rehabilitation Code (the Code), is a voluntary framework used in personal injury claims. It encourages the parties to work together outside the litigation claim to identify and assist an injured person’s needs as early as possible following an accident.

The Code promotes that an injured person’s recovery should advanced notwithstanding dispute between the parties as may arise during proceedings. It encourages the early assessment of treatment, care and support requirements, allowing appropriate assistance to be put in place while the litigation continues.

In my client’s case, the Code facilitated an early assessment by a case manager who identified the support that my client required. My client then received funding, under the Code, for continuing case management to support her ongoing and for a placement at a private hospital where she stayed to rehabilitate over an extended period. I also secured interim payments to help fund other treatment and essential adaptations to her home environment before she returned home, including bathroom adaptation and wheelchair storage. This support played an important role in enabling my client’s safe return home and maximising her independence.

Progress and Conclusion through Settlement

A significant part of the claim concerned my client’s future care and accommodation needs. In addition to accommodation evidence, expert evidence was obtained in a range of other disciplines, including rehabilitation medicine, orthopaedic surgery, psychiatry and care/occupational therapy to assess condition and prognosis and for opinion on the long-term impact that my client’s injuries would likely have on her.

While my client continued to experience ongoing limitations and would likely not fully recover, sadly, she made some meaningful progress and achieved an increased level of independence on account of the financial support and treatment that she received.

Following a joint settlement meeting attended by Leading Counsel, it was agreed that my client would receive a substantial further award in damages to assist in meeting her lifelong needs. I was pleased to assist my client at a most difficult time of her life. The support she received during the claim went a long way towards providing the treatment and progress that she achieved while also adjusting to life following her injuries.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.