Am I Entitled To Private Treatment During A Personal Injury Claim?

During a personal injury claim clients will often inform me that they have been advised by an NHS doctor that they require treatment or investigations to aid the recovery of the injuries sustained in an accident. One of the most common questions I am asked is am I entitled to private medical treatment?

Once a personal injury claim has been made and there is a Defendant Insurer or representative on board it is important to set out early on a clear picture of what injuries have been sustained by the Claimant in an accident and what treatment they have received to date from any NHS doctors.

It is often the case that a GP may recommend physiotherapy treatment, investigations for CT and MRI scans, x rays etc. but there can often be a long waiting list to have such treatment and investigations.

It is therefore essential that Claimant and Defendant Solicitors/representatives work together collaboratively to assess the needs of the Claimant at the earliest available opportunity. This can be carried out by an Immediate Needs Assessment.

What is an Immediate Needs Assessment?

This is often referred to as an INA and is carried out by a case manager to consider what injuries have been suffered and the effect of such injuries on the day to day life of the Claimant. It will consider treatment needs, effect on work and domestic life and considering what rehabilitation would be suitable. Recommendations can then be made for treatment. The Defendant representative has no duty to fund the recommendations but can consider them. It is more likely they would agree to fund treatment privately where liability is not an issue in the claim.

Medico Legal Evidence

During the course of the claim medico legal evidence would be obtained from appropriate experts such as orthopaedic experts, psychiatrists, neurologists, ENT experts etc. The medico legal experts are not treating doctors but they will provide an opinion and prognosis on the injuries suffered and may make recommendations for surgery, treatment including physio and CBT and potential MRI scans, CT scans etc. Often when the reports are disclosed to the Defendant representative a request could be made for the Defendant to fund this privately. The Defendant may agree to this.

The answer in short is that as a Claimant you are not necessarily entitled to private treatment during the course of the claim. It is important to follow the advice of any NHS treating doctors and mitigate your losses. If liability is admitted in a claim it is more likely the Defendant Insurer would agree to fund treatment privately whether this be making an interim payment or arranging such treatment through their own rehabilitation provider.

If you require treatment following an injury sustained by someone’s else negligence, our personal injury experts will fully support you throughout the entire claims process and fight for the compensation you deserve. Call 0808 271 9413 to speak to one of our legal experts or request a callback online.