Trauma Injury Claims – A Pathway Towards Recovery

According to the National Institute of Clinical Excellence (NICE), major trauma is an injury or group of injuries that are life-threatening and could ultimately be life-changing. In the UK, major trauma is the leading cause of death and disability in people under the age of 45. Indeed, many that survive a traumatic injury will have permanent disabilities as a consequence.

Recovery from serious trauma takes time. It is also financially costly. Below is a short guide on how to progress from physical healing to gaining compensation for your injuries, all of which can have a significant impact on you and your family’s present and future.

Trauma injuries

A traumatic injury often arises from a high impact incident, such as a road traffic accident or fall from a height. Injuries can vary widely from multiple fractured limbs to spinal and brain injury. Other traumatic injuries can arise from burns, stabbings, shootings, acid and electrocution.

Ambulance crews typically are first responders to scenes of major trauma. The team will make an initial triage assessment of those people affected. Depending on what they find, the victims will be either transferred to a local trauma unit for stabilisation or they may be transferred directly to a regional Major Trauma Centre, which specialises in the treatment of people with complex, serious trauma.

Trauma unit/A and E/hospital

Further assessment is carried out at the trauma centre, which may be based in the local Accident and Emergency department or hospital. A consultant led trauma team will intervene in any life-threatening conditions and perform additional tests such as CT scanning. Early and appropriate clinical treatment will optimise recovery, whereas inadequate investigation and treatment is more likely to result in exacerbated injury and death.

Types of traumatic injuries/assessing impact of injuries

In the short term, injuries are assessed in terms of life-threatening potential, such as haemorrhage, clots and problems with breathing. Pain is relieved, fractures stabilised and risk of further injury managed: an important example of this is spine immobilization and protection.

In the more medium and long term, the impact of any injuries will evolve over time. Clinical assessment of injury will be ongoing, considering aspects such as quality of life, pain, loss of function and any psychological effects.

Rehabilitation  

Once the acute healing phase is completed, ongoing assessment may determine that further rehabilitation is required. The aim of rehabilitation is to maximise functioning, with a focus on mobilisation, weight bearing and day to day needs such as washing, dressing, and eating. Robust rehabilitation ensures the best outcomes for physical, psychological and social recovery following trauma. Ongoing support may be required for psychological rehabilitation. Later, in cases where a person has suffered life changing injury, there may be a need for vocational rehabilitation, to assist with a return to work.

Rehabilitation does not necessarily need to be carried out in an acute hospital setting but is more likely to be facilitated by a specialist rehabilitation centre or through outpatient appointments. Rehabilitation therapies may also be supported at home, or through residential transitional living, depending on what is required.

Even if you have not received a rehabilitation package and you believe you may benefit from rehabilitation therapies, you are entitled to seek support, through your GP or consultant. It is also possible to contact rehabilitation services yourself, directly. 

Funding

The cost of your rehabilitation should be covered by the NHS. Other possible sources of funding include local authorities and medical insurance. However, if you feel you could benefit from more frequent and intensive rehabilitation sessions than what is currently on offer, then you do have the option to go privately. However, this could come at a significant additional cost.

Interim payment

This is where interim payments come in.  An interim payment is an early part payment of compensation. If you are making a personal injury compensation claim, your solicitor will advise you to request an interim payment from your opponent.

If the person who caused your accident (the defendant) admits liability, an interim payment may be released by their insurance company. This money can then be used to help fund treatment and rehabilitation.

Case manager and rehabilitation programme

A defendant’s insurer will also often be prepared to cooperate with your solicitor in assessing your immediate need for rehabilitation. The first step is to appoint a rehabilitation case manager. This person is usually a professional with a background in nursing or social work, who helps to organise and monitor services for the benefit of the person undergoing rehabilitation. They do not provide clinical care but work in co-ordination with the rehabilitation team to advocate for you and to make sure that you are receiving the appropriate care and rehabilitation.

Evidence for your legal case

When you make a claim for personal injury, it is important to gather as much evidence as possible to support your case. In the event of major trauma, this task is certainly more complex, given the severity of the injuries and the medium- and long-term repercussions of those injuries. Photographs, witness statements from family members, records from the emergency services, trauma team and reports from specialist medical professionals will all be vital.

Protecting your future

Good quality medical support and rehabilitation will help maximise your recovery from injury. Even so, you could be left with long term repercussions impacting both you and your family. One way of helping to protect your future and that of your loved ones is to secure financial compensation for your injuries.

Gaining compensation

Major trauma cases are often complicated. Then there are the time limits to think about. Usually court proceedings for personal injury claims must begin within 3 years of the injuries occurring.

So, if you think you may be eligible to claim compensation for your injuries, it is important to speak to an experienced, specialist solicitor. Choose a solicitor who is a member of the Law Society’s personal injury accreditation scheme. Members of the scheme must have at least 5 years of experience working with personal injury claims and must comply with a code of conduct and consumer charter.

By choosing a specialist solicitor, you can trust that your case will be handled correctly. The solicitor will review your case, seek further medical evidence where appropriate and will ensure that any claims that you make will be handled within the correct guidelines and timelines: all increasing the chances of you being awarded the compensation that you and your family need and deserve.