These claims not only provide financial compensation but also ensure that the injured party receives necessary medical care and rehabilitation.

A significant aspect of the personal injury claims process is the incorporation of the Rehabilitation Code and early intervention obligations.

These elements are designed to facilitate a swifter and more effective recovery for the injured individual.

Personal Injury Claims: An Overview

Personal injury claims arise when an individual suffers harm due to the actions or negligence of another party. This harm can take various forms, including physical injuries, emotional distress, and financial losses.

The primary goal of a personal injury claim is to restore the injured party to the position they were in prior to the injury, as much as possible. This often involves seeking compensation for medical expenses, lost wages, pain and suffering, and other related costs.

Types of Personal Injury Claims

• Road Traffic Accidents: Injuries resulting from car, motorcycle, or pedestrian accidents.
• Workplace Accidents: Injuries occurring at the workplace due to unsafe conditions or practices.
• Public Liability: Injuries sustained in public places, such as slips, trips, and falls.
• Medical Negligence: Harm caused by substandard medical care or treatment.
• Product Liability: Injuries resulting from defective or unsafe products.

The Rehabilitation Code

The Rehabilitation Code is an industry standard in the UK that sets out guidelines for insurers and solicitors to ensure that injured individuals receive timely and effective rehabilitation. Introduced in 1999 and regularly updated, the code emphasizes the importance of addressing the medical and rehabilitation needs of the injured party as soon as possible after the injury occurs.

Objectives of the Rehabilitation Code

The primary objectives of the Rehabilitation Code are:

• Early Assessment and Intervention: Promptly identifying the rehabilitation needs of the injured party to facilitate early recovery.
• Collaborative Approach: Encouraging cooperation between the claimant, insurers, and medical professionals to create a tailored rehabilitation plan.
• Focus on Well-being: Prioritizing the injured individual’s overall health and well-being throughout the claims process.

Key Provisions of the Rehabilitation Code

• Initial Needs Assessment: Conducting a thorough assessment of the injured party’s medical and rehabilitation needs, usually within 21 days of the injury being reported.
• Rehabilitation Plan: Developing a comprehensive rehabilitation plan that outlines the necessary treatments, therapies, and support services required for recovery.
• Funding and Costs: Ensuring that the costs of rehabilitation are covered by the responsible party’s insurer, avoiding delays in treatment due to financial constraints.
• Regular Review: Periodically reviewing and updating the rehabilitation plan to reflect the injured party’s progress and changing needs.

Early Intervention Obligations

Early intervention is a critical component of the personal injury claims process. It refers to the prompt provision of medical treatment and rehabilitation services to the injured party, ideally before the personal injury claim is fully resolved. The rationale behind early intervention is that timely medical care can significantly enhance the recovery process and reduce the long-term impact of the injury.

Benefits of Early Intervention

Early intervention offers several benefits, including:

• Faster Recovery: Immediate access to medical treatment and rehabilitation can expedite the healing process and improve outcomes.
• Reduced Complications: Early treatment can prevent secondary complications, such as chronic pain or mobility issues, from developing.
• Enhanced Quality of Life: Timely intervention can help the injured party regain their independence and return to their normal activities sooner.
• Cost Savings: Early intervention can reduce the overall costs associated with long-term medical care and support services.

Implementation of Early Intervention

The implementation of early intervention in personal injury claims involves several steps:

• Prompt Reporting: The injured party or their representative should report the injury to the responsible party’s insurer as soon as possible.
• Immediate Assessment: Conducting an initial needs assessment to determine the extent of the injury and the required medical and rehabilitation services.
• Coordination of Care: Collaborating with healthcare providers, insurers, and solicitors to ensure seamless delivery of medical treatment and support services.
• Monitoring Progress: Regularly reviewing the injured party’s progress and adjusting the treatment plan as needed to achieve optimal recovery.

Conclusion

Personal injury claims, the Rehabilitation Code, and early intervention obligations form an integrated framework designed to support the recovery and well-being of injured individuals. By prioritizing early assessment, collaborative planning, and timely medical care, this approach ensures that injured parties receive the necessary support to regain their health and return to their pre-injury state. Understanding and implementing these elements can significantly enhance the effectiveness of the personal injury claims process and improve outcomes for all involved parties.

If you have suffered an injury caused by someone else’s negligence or carelessness, you have a legal right to be compensated for the losses you have suffered. Our Personal Injury team act for clients injured in a variety of circumstances. Please contact us for assistance.

Article written by Personal Injury Solicitor, Kerry Hudson.

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The company, (our client), weren’t a big corporate business with a large insurance company behind them – this was now a small family run business, that business having been dormant for decades. 

The company installed drylining on large council building projects in the midlands during the 70’s.  The Claimant’s claim was that, whilst the company had not used materials containing asbestos, other workers from different trades using asbestos materials had come into the same vicinity as him when the weather was wet.  The Claimant had worked for several other employees, but it was only our client whose company had not been wound up and to whom the Claimant could direct any claim.

The employee’s family (who had sadly since died) were represented by Irwin Mitchell.

This wasn’t a case where there was a significant amount of evidence given the historical nature of the claim – the employee being employed by our client for only a small number of sporadic years in the 1970’s and who had worked as a plasterer for many other employers.

Our client firmly denied that the Claimant had ever been exposed to asbestos and we robustly defended the claim on their behalf.

Firstly, our client as the Defendant, had to show ‘just cause’ as to why they should be allowed to defend the claim and judgment not entered automatically, as is often the case in these types of claims.

That hurdle was successfully overcome and we set about obtaining evidence. 

One of the main obstacles in this case, was that the period in question was some 40 years ago.  There was little by way of documentation.  The Claimant obtained expert witness evidence, which was met by our like evidence, but it was the lay witness evidence that won the case; statements from people who worked on these types of sites at the time, who despite being in their late 70’s and 80’s and had long since retired, were able to recount with detail and authority, their account of the working practices of the time.

The matter went to a three-day trial at the Royal Courts of Justice, the King’s Bench Division in February 2023.  The matter was before Dexter Dias KC, a Deputy High Court Judge and the claim was successfully defended, the claim being dismissed.

The manner in which the Judge applied his reasoning is fully set out in his judgment.  The mechanism in which he sets out how he tackled his decision making in finding of fact is robustly and methodically set out.  It is likely to stand as a precedent no doubt will be a case that is cited for many years to come, as to what a Claimant must prove for a claim to be successful in a claim of this nature.

This wasn’t a case won by experts, indeed the Judge considered that both parties’ expert evidence didn’t have any real relevance in this case; it boiled down to the strength of the witness evidence –  what people could recall at the time.   This a stark reminder to all litigants that all else aside, the chief evidence remains that of witness evidence and the gravitas of that should never be underestimated.  Neither should the hurdle of burden of proof!  This is key for both Claimants and Defendants.

Lynette Walsh and Kerry Hudson, who conducted the claim on behalf of the Defendants, were delighted and proud to be able to accomplish such a successful outcome on behalf of their clients.

The full Judgement can be found here:- Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (24 February 2023) (bailii.org)

If you require any assistance with regards to Personal Injury either as a claimant or defandant please contact our expert team for advice.

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The small claims limit has increased from £1,000.00 to £5,000.00 in all road traffic accident cases from 31^st May 2021.  This means save for a very notional fixed sum and court fee, even if successful Claimant’s are unable to recover legal costs.

As a result, many Claimants Solicitors firms simply can no longer offer ‘no win, no fee’ arrangements.

This means that claimants will often be forced to represent themselves.  The process may seems daunting so sadly many will decide  ‘not to bother’ which in our view, seems entirely unfair.  Claimant’s Solicitors did lobby against this, sadly unsuccessfully, in our view depriving thousands of having the means to claim compensation.

There are however a number of exceptions such as:

• The claimant was a child or protected party or a “vulnerable road user”, which means, motor cyclists, cyclists, pedestrians, horse riders and those using mobility scooters;
• The claimant is a personal representative of a deceased person;
• The defendant’s vehicle was registered outside the United Kingdom.

Whilst the changes were intended to reduce the number of fraudulent claims, it sadly will leave those who otherwise would have sought compensation having suffered an injury through no fault of their own, deciding not to.

Alongside the changes to the small claims limits, the Civil Liability Act 2018 has also now received Royal Assent where the Lord Chancellor will have the power to set limits on what damages a claimant would receive for a whiplash injury. This is likely to see significantly lower awards being made than those available at present.

In addition, The Government has confirmed that it intends to increase the small claims track limit for personal injury arising out of employers’ and public liability claims from £1,000 to £1,500 from April 2022.  Whilst this is likely not to see such an significant effect on claimants as the reforms on road traffic claims, it is concerning in our view that claimants are being deterred access to justice.

Need legal advice? Contact us at enquiries@bttj.com

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Each practitioner member must make a declaration that they practice in the field of personal injury and that their practice in that field is predominantly for the injured or victims of accidents.

APIL members recognise the need to:

· Provide a professional service;

· Keep themselves informed, educated and up to date with current law and procedure;

· Share information with other APIL members;

· Maximise the amount of compensation receivable in the hands of the client;

· Ensure that the client is fully aware of, and fully professionally advised, on all costs issues, including public funding, where available.

· Ensure that clients have the opportunity to receive advice on the investment and/or use of damages

Members of APIL subscribe to a code of conduct and support APIL’s main objectives.

APIL’s objectives are:

· To promote full and just compensation for all types of personal injury

· To promote and develop expertise in the practice of personal injury law

· To promote wider redress for personal injury in the legal system

· To campaign for improvement in personal injury law

· To promote safety and alert the public to hazards wherever they arise

· To promote a communication network for members

The code:

1. APIL members will act in the best interests of the client;
2. APIL members will provide the client with independent advice;
3. APIL members shall behave at all times act in a manner which will uphold the standing and good reputation of claimant personal injury lawyers and APIL;
4. No APIL member shall pursue a frivolous claim issue or position; but no APIL member should refrain from taking or pursuing any claim issue or position which is believed to have merit;
5. APIL members will proceed expeditiously with all personal injury claims;
6. No APIL member shall make excessive or unnecessary monetary charges to the client;
7. No APIL member shall personally or through an agent make representations of experience or specialist skills which they do not possess;
8. No APIL member shall knowingly make any statement, whether in publicity material to a prospective client, an existing client, or otherwise which may give the client false expectations;
9. No APIL member shall undertake false, deceptive or misleading advertising;
10. No APIL member shall personally, or through a representative, directly contact a potential client (except through permitted advertising), where there has been no request for such contact (‘cold calling’).

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Yes, you can claim against the The Motor Insurers’ Bureau (MIB). The MIB is funded through insurance premiums paid by insured motorists through a monthly levy on motor insurers. If you, the innocent party has insurance, you are entitled to claim.

Personal Injury

You are advised to seek medical attention immediately and to take photographs of all vehicle damage and injuries. The MIB will organise the compiling of a report perhaps calling in a rehabilitation team to assess future needs and costs.

• You must make your claim for injury within threeyears of the accident date.
• You must make your claim for vehicle/property damage within three years of the accident date in Scotland and within six years in the rest of the UK.
• You must keep any losses to a minimum (otherwise known as mitigation of losses).
• You are advised to report the incident to the police within 14 days for personal injury or within five days for vehicle/property damage.

Exceptions to You Bringing a Claim

You cannot bring a claim if you allowed yourself to be carried in a vehicle when you knew or ought to have known that the vehicle was either stolen, uninsured, driven by someone under the influence of drink or drugs, or used to further crime.

Legal Steps

If we take your case on, we would act on a Conditional Fee Agreement (No win, no fee).

We would make a claim against both the third party and MIB. If your claim is successful the MIB would meet your claim and pay any compensation due to you.

If 7 days after final judgment against the Defendant driver, the claim is not satisfied, the MIB will meet the claim together with costs.

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OCCUPIER’S LIABILITY

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Duty

Under Section 41 Highways Act 1980 your local council have a duty to maintain the highways and keep them safe from any hazards that may cause a member of the public to trip or fall. This duty extends to pedestrians, motorists, cyclists and horse riders.

What constitutes a ‘defect’?

‘Defects’ include raised or cracked paving stones, pot holes, snow and ice and broken drainage grids.

What do I have to prove in order to bring a claim?

You need to prove that the highway was not safe for users and that the accident was caused by the dangerous condition of the highway.

What is a public highway?

It is a highway over which every member of the public has a free right of passage. It includes public streets, roads, pavements, footpaths, walkways, cycle tracks and bridleways.

What is classed as ‘dangerous’?

When deciding whether something is dangerous, one must consider the size, position and nature of the defect. As a general rule, defects have to measure an inch or more in height or depth.

Does the council have a defence?

Under Section 58 Highways Act 1980, the council can defend a claim if they can prove that they received no prior complaints and carried out reasonable inspections of the highway. The council usually keep records of their inspections and complaints and would rely on these in support of their defence.

What if I was partly to blame?

You can still bring a claim, but your compensation may be reduced.

What should I do after my accident?

• Obtain witness details: A witness may have complained about the defect previously with no action being taken or be able to say how long the defect has been there. With this evidence, you can then overcome the council’s defence.
• Photographs: We need to identify the location of the accident, the dimensions of the defect and the condition of the pavement at the time of the accident. Take photographs with clear measurements.
• Seek medical attention as soon as possible: Go to your GP or hospital explaining fully how and where your injuries were sustained.

Should I report my accident to the council?

Although it is important that repair work is carried out, it is also imperative that proper evidence of the defect is obtained before repairs are carried out. We recommend that you seek legal advice before you contact the council.

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