A brain or spinal injury can change a person’s independence, work, relationships and day-to-day care needs in an instant. In the months that follow, the right rehabilitation, equipment and support often make the biggest practical difference to how life goes on. This guide explains what rehabilitation after a brain or spinal injury can involve in England, and how a serious injury claim can help to fund it where someone else was responsible.
If you want to know more about bringing a claim itself, see our pages on brain and head injury claims and spinal cord injury claims.
What rehabilitation can involve
Rehabilitation is not one treatment. It is a mix of therapies and practical support built around the injured person’s needs, and those needs often change over time.
After a brain injury, rehabilitation may include neuropsychology, speech and language therapy, occupational therapy, physiotherapy, and help with memory, planning, fatigue, mood and behaviour. Some people need support to return to work, education or driving, or to manage money and day-to-day decisions.
After a spinal cord injury, rehabilitation may focus on mobility, strength, bladder and bowel management, skin care, pain management and adapting to a wheelchair or other equipment. Many people also need adaptations to their home, an accessible vehicle and help from carers.
For both kinds of injury, emotional and psychological support matters for the injured person and for the family members who are suddenly providing care.
NHS care and where the gaps can be
The NHS provides acute treatment and specialist rehabilitation, and NHS care remains available whether or not a claim is made. In practice, people are often discharged home before they have all the therapy, equipment or care they need, and waiting times for community services can be long.
This is where a claim can help. Where another person or organisation is legally responsible for the injury, compensation can include the reasonable cost of private rehabilitation, care and equipment, so that support does not depend only on what is available locally.
How a claim can fund rehabilitation early
Serious injury claims can take time, especially where the long-term outlook is uncertain. Injured people should not have to wait until the end of a case to get help.
The Rehabilitation Code 2015, a voluntary code agreed between claimant solicitors and insurers, encourages both sides to consider rehabilitation needs at an early stage [1]. In suitable cases an independent assessment of immediate needs can be arranged, and the insurer may agree to fund recommended treatment while the claim continues.
The court can also order an interim payment, which is an advance on compensation, for example where the defendant has admitted liability [2]. Interim payments are often used to pay for therapy, a case manager, care or adapted accommodation before the claim is settled.
A case manager, usually an experienced therapist or nurse, can coordinate rehabilitation, arrange therapists and carers, and keep track of progress. Their costs may form part of the claim.
What compensation can cover
Compensation is intended, so far as money can, to put the injured person in the position they would have been in without the accident or negligence. Alongside compensation for pain, suffering and loss of amenity, a claim can include past and future costs of:
- rehabilitation and therapies
- professional care and case management
- care given by family members
- equipment, aids and assistive technology
- adaptations to a home, or moving to a more suitable one
- adapted transport and travel to appointments
- lost earnings and support returning to work
Future needs are often the largest part of a serious injury case, which is why it can be unwise to settle before there is a reliable picture of long-term prognosis. Expert medical and care evidence is used to assess those needs.
Capacity and family support
Some people with a severe brain injury cannot manage a claim themselves, either for a time or permanently. Capacity is decision-specific, so it should not be assumed to be missing just because of a diagnosis [3]. Where someone lacks capacity to conduct the claim, a family member or other suitable person can act as their litigation friend, and any settlement must be approved by the court [4].
Time limits
For most injury claims in England, the time limit is three years from the date of the injury, or from the date the person first knew the injury was significant and linked to someone else’s act or omission [5]. For children, time usually starts on their 18th birthday, and it does not run while a person lacks capacity to conduct proceedings [6]. Taking advice early also means rehabilitation can be raised with the other side sooner.
Frequently asked questions
Does making a claim affect NHS treatment?
No. You remain entitled to NHS care. A claim can fund additional or private support where it is reasonable and needed.
Can I get rehabilitation before the claim is settled?
Often, yes. Under the Rehabilitation Code, or through an interim payment, treatment can be funded during the claim in suitable cases, particularly once liability is admitted.
Can family members be paid for the care they provide?
The value of reasonable care given by relatives can be included in a claim, provided there is evidence of the help given and why it was needed.
What if the injury followed medical treatment?
A claim may be possible where negligent treatment caused avoidable harm. See our medical negligence page.
If you or a family member is living with a brain or spinal injury caused by someone else, our serious injury team can explain how a claim could help fund rehabilitation and care. For a free, confidential assessment, call 0333 777 5001. We work on a no win, no fee basis.
Sources
- The Rehabilitation Code 2015 (published by the International Underwriting Association): https://www.iua.co.uk/common/Uploaded%20files/IUA%20Circulars%202026/009_The%202015%20Rehabilitation%20Code_reformatted_.pdf
- Civil Procedure Rules, Part 25 (interim payments): https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part25
- Mental Capacity Act 2005, section 2: https://www.legislation.gov.uk/ukpga/2005/9/section/2
- Civil Procedure Rules, Part 21 (litigation friends and approval of settlements): https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part21
- Limitation Act 1980, sections 11 and 14: https://www.legislation.gov.uk/ukpga/1980/58/section/11 and https://www.legislation.gov.uk/ukpga/1980/58/section/14
- Limitation Act 1980, section 28: https://www.legislation.gov.uk/ukpga/1980/58/section/28
