Compensation & Insurance: Public Place Claims - Guides
Public Place Claims
12. Injuries
Firm / Chambers:
Last updated: 25 Aug 2015
- Whilst the investigation process is ongoing you should be managing your injuries and seeking rehabilitation and medical treatment to assist your recovery. Given the lengthy nature of claims it is worthwhile doing this during the investigative period as it can take several months or even years to gather the right information.
- Some claimants choose to keep a diary of how they feel and how their life is affected by their injury. This can be useful when it comes time to resolve your claim.
- A part of the claim process is that you need to show the respondent that you are doing all that you can to rehabilitate and get yourself back into the position you were before the accident as far as is possible. This is an obligation placed on claimants during the claim process.
- It will not diminish your claim to try to get better. If you end up in court the judge will be looking to see whether you have ‘mitigated the damage.’ This means that you have done what your medical experts have suggested you need to do in order to improve your situation.
- If you have failed to follow medical advice or not made a genuine effort to recover from the injury your compensation may be reduced on the grounds of contributory negligence because your failure to take reasonable care for yourself has put you in a worse position than you might have been had you tried to get better.
- Your claim should not be finalised until your injury is stable and stationary. This means that your injuries are not getting worse and even though they may not be improving. Your condition needs to be basically stable such that no other reasonable medical treatment or rehabilitation is likely to improve your condition.
- Once your injury has reached this status you should look at obtaining a specialist medical report to provide an opinion about the nature and extent of your injury.
- In particular you are looking for an expert opinion to explain:
- the injury you have sustained;
- any lasting impairment or disability you have been left with as a result of the injury;
- the impact of your injuries on your day to day life; and
- your capacity to work from the date of the accident now and into the future.
- You will need to seek an opinion from a medical specialist who is experience in writing medico legal reports and is an expert or specialist in the area of your injury.
- For example if you sustained a psychiatric or psychological impairment or injury then you would need to seek a report from a psychiatrist.
- If you sustained a back injury then you should seek an opinion from an orthopaedic surgeon and possibly other specialists such as a neurosurgeon or neurologist if you also suffered nerve damage associated with your back injury.
- Specialists can be expensive and you may need to rely on their evidence in court if your claim does not settle so make sure they have the necessary medico-legal experience before you go to see them.
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