As a solicitor, I spent much of my career working with individuals affected by clinical negligence, as well as their families. Still very much involved in the industry, I am now a consultant to legal firms working on clinical negligence and serious injury cases. So, I have experienced, and see today, what solicitors need when working on such complex cases.
In any new serious injury or clinical negligence case, when a solicitor is instructed, the first consideration is assimilating the facts and circumstances, as well as starting to appreciate the scale and impact of the injury. Of course, this information needs to be collected quickly. From there, it’s about creating a case strategy, including, what do I need to do to get things moving for this family.
Accommodation is almost always one of the first issues to surface. Families know their existing home will not work, yet uncertainty about the next step only adds to the stress of a life-changing situation where emotions and stress are already at a peak.
From a professional perspective, this is also where friction can often arise. The accommodation head of damage is not only typically the largest element of a claim but it’s also the catalyst to starting to ensure the Claimant is able to access optimum rehabilitation, whilst at the same time, creating the best opportunity for the family to start to rebuild their lives. Consequently, without a clear plan and accurate information, the accommodation claim can create tension between claimant and legal team, which will often manifest into causing delays in the litigation.
To avoid these pitfalls, a great approach is early, proactive engagement of PLG. There’s a process you can follow to underpin that approach, which I’ll outline.
Setting the foundations
An understanding of the local property market the family lives in is essential here. A great resource for this is a Property Market Analysis (PMA). It’s designed to give the claimant, family, lawyers, deputies and case managers a real-world view of what’s possible. It outlines purchase and rental options, sets budgets that include adaptation costs, and provides market tested data to support applications for interim payments. This clarity manages expectations, prevents underfunding and saves time by narrowing the search to viable properties only.
Supporting rehabilitation
When it comes to a family moving into a viable property, very often, the first move will be into a rental. While not the final answer, it is a crucial step that allows a claimant to leave hospital or rehab, begin rebuilding daily life and continue treatment in a setting that meets their needs.
A well-chosen and adapted rental also reduces the immediate burden on families, easing pressure while longer-term plans are developed. In serious injury cases, this process sits squarely within the Rehabilitation Code 2015, where collaboration between parties often enables a joint instruction to PLG. This avoids duplication, saves time and cost and helps maintain focus on the claimant’s well-being rather than points of dispute.
In clinical negligence cases, the Rehabilitation Code 2015 does not apply. Even so, engaging PLG at the outset ensures accommodation needs are identified and planned for, preventing unnecessary delay and giving the claimant and their family the stability they need.
The role of architects at this stage
What distinguishes PLG’s approach is the involvement of a RIBA Chartered Architect from the outset. Simple, carefully managed adaptations such as wet rooms, ramps, widening of doorways and corridors – even the installation of through-floor lifts – mean a rental can provide both safety and dignity while remaining within budget and delivered on time.
More importantly, by working directly with the claimant, their family and legal teams at this early stage, the architects gain a more in-depth understanding of the individual’s needs. This insight carries through to the permanent property, ensuring continuity and avoiding wasted time or dispute later.
Continuity for all stakeholders
Throughout the rental period, regular engagement with all parties keeps the process moving. Solicitors know the accommodation issue is being handled, making interim payment applications more straightforward. Case managers can plan rehabilitation around a stable home environment. Deputies have a clear financial framework to work within. And families see consistency and progress at a time when uncertainty is at its highest.
Accommodation claims are never simple, but they do not need to become a source of delay or conflict. When managed proactively, with trust built from the outset and continuity carried through each stage, they provide a platform for both recovery and litigation to progress with confidence.
In my next article, I will be discussing how the process continues from here, as a case continues and long-term claimant needs become clearer.
