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The role of the Solicitor in Rehabilitation

By Matthew Claxson Partner at Fentons Solicitors LLP. The role of the Solicitor in Rehabilitation. Delivery of Rehabilitation. Private or NHS? Statute Section 2(4) of the Law Reform (Personal Injuries) Act 1948 provides:-

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The role of the Solicitor in Rehabilitation

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  1. By Matthew Claxson Partner at Fentons Solicitors LLP The role of the Solicitor in Rehabilitation

  2. Delivery of Rehabilitation Private or NHS? Statute Section 2(4) of the Law Reform (Personal Injuries) Act 1948 provides:- “in an action for damages for personal injuries … there shall be disregarded, in determining the reasonableness of any expenses, the possibility of avoiding those expenses or part of them by taking advantage of facilities under the National Health Service”. Code Rehabilitation Code 2007. The insurer voluntarily agrees to participate in the assessment and treatment of the injured person at an early stage. Funding Interim payments.

  3. Benefit to Claimant • Early intervention may have a bearing on the period of recovery [also frees up NHS resources] • Promotes autonomy for individual by training them how to self manage • Improves quality of life • Improves family relations

  4. Case study 1 Joe’s claim On 1st September 2010 Joe was working as a self employed Black Cab driver in Central London when he brought his Cab to a stop at road works on Waterloo Bridge . Unfortunately the 4x4 behind failed to stop resulting in a “fender bender”. Joe’s difficulties are:- • Neck pain • Effect on his income

  5. Case study 2 Billy’s claim On 27th June 2008 Billy, aged 13, was with his twin brother crossing the road to his school. Billy was just in front of his brother, stepping from the road onto the pavement when he heard a thud, he spun round, witnessing his brother being struck down by a car. Billy had witnessed a tragic road traffic collision resulting in the death of his twin. Issues:- • PTSD • Treatment for Billy and family unit • Education/employment

  6. Case Study 3 Amber’s claim On 23rd March 2009 Amber, aged 18, was a front seat passenger in a motor when the driver lost control and collided with a tree. Amber was cut from the wreckage and amongst her injuries suffered a right above knee amputation. Issues :- • Physiotherapy • Counselling • Accommodation • Employment • Prosthetics • Mobility – wheelchair, adapted car

  7. Basic legal principle • “….the object of the ward of damages for future expenditure is to place the injured party as nearly as possible in the same financial position as he or she would have been in but for the accident….” • Lord Hope Wells v Wells [1999] 1 AC 345

  8. Questions ….

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