Copyright Moore Barlow LLP (Moore Blatch and Barlow Robbins merged May 2020)

The devastating effects of catastrophic lower limb injuries

Catastrophic injuries to the lower limbs can take many forms from complex compound tibia and fibula fractures to multi-ligamentous injuries of the knee joint including the medial collateral ligament (MCL), the lateral collateral ligament (LCL), posterior cruciate ligament (PCL) and the anterior cruciate ligament (ACL). Following a traumatic event such as a road traffic collision, our clients, particularly motorcyclists, often suffer such complicated lower limb fractures that specialist internal or external metalwork is needed to treat the complex mal-union and non-union fractures.

We often act for clients where their prognosis has been complicated by an infection or a failure of the bones to re-unite despite medical interventions. In these situations our clients often remain at risk of requiring an amputation in the future. Where an amputation remains a possibility, we work to ensure that when we fight for compensation, we reserve the right to apply to the Court for additional funds should it become necessary to do so. If an amputation is later required we then apply for additional funds to be secured to enable our clients to have access to the most suitable treatment and equipment such as prosthetic limbs.

At Moore Blatch solicitors we recognise that early rehabilitation is crucial to getting our client’s lives back on track.

The Rehabilitation Code

The Rehabilitation Code 2015 (the Code) provides a framework for the Claimant’s and Defendant’s legal representatives to use in relation to personal injury claims. The very purpose of the Rehabilitation Code is to promote a collaborative way of working to use rehabilitation to help the injured individual to make the best possible recovery both physically and psychologically.

The Code helps to ensure that the needs of the injured individual come first to enable a specialist case manager to be appointed to ensure that the proposed rehabilitation is suitable to the individual needs of the injured person so that attainable and specific goals are set. Once a case manager has been appointed, the case manager will then carry out an Immediate Needs Assessment (INA) and provide a report with a focus on short term interventions to meet the instant needs of the injured person.

The Code is a framework to be applied outside of the litigation process which removes the parties concerns about prejudicial evidence. This enables injured individuals to access crucial rehabilitation without having to reimburse the provider of the rehabilitation package if he or she was found to be responsible for causing or contributing to their own injuries.

Case Study

As the Claimant proceeded on the road on his motorcycle, the Defendant’s vehicle travelling towards the Claimant from the opposite direction, negligently turned right into the motorcycle causing a collision. Having been thrown from his motorcycle, the Claimant sustained life changing injuries to include an open right distal femoral fracture which required two internal fixations.

Further to discussions with the Claimant’s legal representatives, the Defendant’s insurer agreed to invest in an INA report pursuant to the Code which included a detailed occupational therapy and physiotherapy assessment. Having reviewed the INA report, the insurer agreed to fund full rehabilitation for the Claimant pursuant to the Code, before liability had even been admitted. Even if the insurer were to successfully argue that the Claimant acted in a way which contributed to causing the collision, the insurer would not be able to recover the agreed rehabilitation which has been implemented under the Code.

Summary

The lengthy road to recovery is different for every client and we ensure that no stone is left unturned in commencing the rehabilitation process and securing compensation for our clients who have suffered life changing injuries through no fault of their own. If you have suffered traumatic orthopaedic injuries in an accident which wasn’t your fault, please do not hesitate to call Moore Blatch Solicitors today for the legal advice and practical support needed to help to get your life back on track. Freephone 0800 157 7611.


Share