Aiding your client’s recovery – Professor Dominic Regan

The best investment a claimant can make is in their own rehabilitation and well being.  The longer an individual who has sustained an injury is out of action, the harder it becomes for them to rejoin the labour market and get back to their normal lifestyle. 

Indeed, employment law recognises that it may well be fair to terminate the employment of an injured employee on account of their prolonged absence from work. This is so even if the employer caused the injury; see McADIE V ROYAL BANK OF SCOTLAND (2007). (Link included please) 

There are obvious benefits to helping someone get better, sooner. It should be remembered that the defendant will be a beneficiary too. General damages for pain, suffering and loss of amenity will be reduced. Special damages for loss of earnings will also reduce the quicker the claimant can once more generate an income.

For many years we have had in place a Rehabilitation Code which exhorts the parties to collaborate in agreeing to, and implementing, a structure such that the best reasonable steps will be taken to get the claimant back to how they were. Whilst noble, the Code is not a legally enforceable instrument.

The National Health Service is an astonishing institution, but we all know that it lacks resources.

This is why Affiniti Finance are working with law firms to enable claimants to get the access to private treatment before their claim is settled. We can offer funding to claimants who have suffered injury and are seeking treatment immediately.

Our Life and Rehabilitation loans are Consumer Credit Act regulated and are only repayable out of the damages awarded in a successful claim. If the case is lost or the damages are insufficient the loan is not repayable. There is, therefore, no risk to the client.

Alongside funding access to private healthcare, the funding can be used to cover the increased cost of living associated with an injury such as specialist equipment or adaptions to their home.

All this combined assist the claimant in improving their health status long before their claim is settled which is beneficial to all concerned.

Scroll to Top