In the daily fight for our clients’ rights, and with
insurers and government over policy, it is very easy to forget just how much we
have achieved together in APIL over the last 25 years. In 1990:
- there was no ‘cards on the table’ approach to
allow early evaluation of litigation risk;
- split trials were rare;
- a lump sum damages payment was all that a judge
could award;
- rehabilitation was patchy and outside the
litigation process anyway; and
- ‘no win, no fee’ was unlawful for those many
injured people ineligible for legal aid.
This has all changed for the better, but perhaps the most
significant development in helping us to achieve the goal of doing the very
best we can to put the injured person’s life back on track back is
rehabilitation. APIL’s Think Rehab campaign was a vital contribution to driving
this up the agenda.
An example of the real difference this approach can make is
the case of a child who sustained a severe brain injury in a road traffic
accident when he was 4 years old. He is now approaching his 19th birthday. The
nature of his injury is such that the doctors have advised they are not yet in
a position to safely evaluate the long term effect so as to allow the court to
finally conclude the claim. But during
the last 15 years, with full co-operation from the Motor Insurance Bureau, we
have been able to provide him with significant rehabilitation and support,
including continuous high quality case management, a placement at a specialist
school and currently a trial of independent living. This collaborative approach has meant he has
a much better chance of living an independent adult life than otherwise would
have been the case. And the compensation award will be carefully matched to the
long term effects of his injury and to his life expectation.
As well as active cooperation with insurers in respect of
rehabilitation, APIL members have continued to work closely with the voluntary
sector. Their provision of services for the injured (whether or not they have a
claim for compensation) has improved vastly over recent years. Many charities
now offer frontline care, support and rehabilitation services and in some areas
actually take the burden away from the NHS where it may lack expertise and
funding to deliver specialist support. It is of course down to the hard work
and unwavering commitment of the staff and volunteers that is key to the
success of these charities, but APIL members should also be proud of their
contribution. Whether raising funds in bike rides and marathons, serving as
trustees or volunteers, sponsoring posts or carrying out pro-bono legal work,
it is support that is undoubtedly needed, particularly during times of
austerity that has seen a greater reliance on the voluntary sector. There for
the injured, long after an accident has
taken place or a claim has been settled, or where no legal claim can be
brought, charities will continue to remain a vital resource for people
following injury.