"A tailored treatment programme will be created
to focus on the setting short and long term goals"
A person with an acquired brain injury can often lack insight into the following:
This can often create problems in the family environment causing anxiety, isolation and depression. There is a significant emotional adjustment to the injury and often consequences. The family dynamics are often altered as are relationships with friends and work colleagues. All these relationships have to be managed and input from a psychological perspective may be needed to help rebuild relationships, confidence and social skills.
A case manager may be appointed by your solicitor and by the insurance company to look after your overall health and make suitable recommendations. Case management is the process which assesses, plans, implements, coordinates, monitors and evaluates the options and services required to meet the individual’s needs. This includes looking at the following:
A clinical case manager will have a professional duty to you and is not involved in the litigation process. Their duty is to you not to the court or to the solicitor or insurance company. Watch our Head Injury UK video to hear a Case Manager talk about their key role.
The appointment of a case manager will generally only be necessary if your injuries are significant. Appointment will ultimately depend on the insurance company agreeing to fund the involvement of a case manager. If you are not pursuing a claim, it is unlikely that an case manager will be involved as their involvement is not funded by the NHS. In most cases an insurance company welcomes the input of a case manager as it is in the insurance company's interest to help you achieve the best possible recovery as soon as possible and it is recognised that early rehabilitation is very important.
In some cases, for example where responsibility for the accident is not accepted, the insurance company may not agree to fund the involvement of a case manager. Your solicitor should therefore work hard to prove responsibility for the accident with a view to then securing the input of a case manager. Your solicitor should:
The Rehabilitation Code of Best Practice promotes the use of rehabilitation and early intervention in the claims process so that the injured person makes the best possible medical, social and physiological recovery. The code encourages the preparation of a report for consideration by both the solicitor and the insurer. Once the report is agreed, it falls on the insurance company to decide whether the recommendations made in the report can be authorised. Authority to proceed can sometimes be given even though responsibility for the accident is not yet resolved.
Your case manager will be responsible for:
Watch our Head Injury UK video to hear a case manager talk about how they ensure your care needs are met.
The case manager will meet you in order to prepare an Immediate Needs Assessment Report which will make recommendations to the solicitor and the insurer. Once this is prepared, the recommendations can be considered. Your case manager will;
Watch our Head Injury UK video to hear a Case Manager discuss the Immediate Needs Assessment process.
Generally, if a need is established the Local Authority may be obliged to provide:
Please note that some assistance may be dependent on assessing the amount of money that you receive or have saved.
Whilst these provisions are important for someone who might have a legal claim, they are even more important for someone who cannot recover the costs of private treatment and care from an insurance company via a compensation claim. It is advisable for any injured party must therefore contact their Local Authority for assistance following any significant injury and request a Section 47 assessment. It is also important to request re-assessment if the condition deteriorates.
If you or a loved one has suffered a brain injury it is vital you receive specialist legal advice.
Contact us for your free initial consultation.
We know that we have been extremely fortunate to have had such a consummate PI lawyer in Andy acting on our behalf but we have also been blessed by having had his support, trust, friendship and loyalty throughout. We cannot ever thank him enough.
The compensation Nicola has received has helped her move from a tiny council flat into a massive bungalow which has been specifically adapted. It has enabled her to have a better life.
If it was not for the help of my solicitor I don't know where I would have been today. He provided a great deal of emotional support and secured compensation at various stages from the insurance company to fund my treatment and allow me to live. He was there from start to finish.
Higgs & Sons acted for us for 5 years until our daughters claim for personal injuries was finally settled. Ian remains a trustee of our daughters trust fund and we now look upon him as a friend.