When people hear the words 'lawyer' and 'serious injury' together, they usually think about compensation. But some of the most pressing problems following a life-changing injury have nothing to do with bringing a claim.
Jeremy* was a construction worker who enjoyed CrossFit and scuba diving. When a spinal stroke left him unable to walk, his life changed overnight. He could no longer do his physically demanding job and had only Statutory Sick Pay to live on. By the time we met him, he owed nearly £30,000 to nine creditors and was considering bankruptcy.
But debt was only one of the issues he was facing. We also helped him navigate employment, housing and welfare benefits issues as he adjusted to his new life. With the debt, we wrote to his lenders, explained what had happened and provided the evidence they required. Within six months, all but one of his debts had been written off. The remaining creditor agreed to a six-month repayment holiday, giving Jeremy some breathing space to focus on his rehabilitation, before agreeing to write off the debt around six months later.
The problems nobody expects
Cases like Jeremy’s have shaped my understanding of what pro bono legal support can achieve. It is not always about complex legal arguments or court victories. Often it means identifying the problem that is keeping someone awake at night, then helping them find a way through it.
Over two decades of this work, I have seen how quickly everyday legal and financial issues can become overwhelming. Rent and mortgage payments still have to be made. Benefits applications need to be completed. Insurance policies need to be traced. Families may suddenly need authority to manage the finances of someone who no longer has the capacity to do so. A patient may be medically ready to leave hospital but unable to return to a flat three flights up. A family might be waiting for an accessible property or struggling to persuade a local authority that their housing situation has become urgent.
Our pro bono legal service has helped more than 7,600 people following serious injury or illness. For more than 3,700 people, that support has included advice on housing and adaptations, from relatively minor changes to their existing home to, in some cases, helping them navigate the process of finding more suitable accommodation.
Benefits are another frequent source of difficulty. Applications for Personal Independence Payment and Employment and Support Allowance can be challenging at the best of times. They are considerably harder to navigate from a hospital bed, particularly when someone is also adjusting to a diagnosis that may have changed every aspect of their life.
When the legal problem is not obvious
A brain injury can present a different set of problems. If the injured person does not have a lasting power of attorney, their family may discover that they cannot access bank accounts, manage bills or deal with the mortgage. A deputyship application to the Court of Protection may then be required. We have made more than 200 such applications and helped put over 730 powers of attorney in place, providing this legal support free of charge through our pro bono service.
We also regularly find that people have critical illness or income protection policies they have forgotten about, or that claims have been rejected on technical grounds. Over the years, our service has recovered nearly £14 million under these policies. For a family whose income has disappeared, that money can pay for adaptations they need to enable them to return home, or equipment required to improve their independence at home or even to replace their lost earnings and meet their ongoing day-to-day obligations.
Much of this work comes down to persistence. It involves letters, forms, evidence and numerous phone calls. It may not appear significant from the outside, but resolving one of these issues can remove a huge burden from someone whose energy needs to be directed towards their recovery.
Getting help to people earlier
One of the most important lessons I have learned is that people in crisis rarely set out to find a lawyer. They may not realise their problem has a legal solution; they assume they cannot afford advice or simply feel too overwhelmed to ask for help.
That is why the professionals around a patient are so important. Nurses, social workers and case managers are often the first people to spot that an unpaid bill, unsuitable home or benefits decision is placing additional pressure on someone’s recovery. Being able to signpost patients towards the right support, whether that is a charity, Citizens Advice, a patient support service or lawyers offering pro bono advice, can make a real difference, particularly when someone may not realise that help is available.
Making that support accessible has been an important part of our approach. Over the years, we have built relationships with healthcare professionals, charities and other organisations supporting people following serious injury or illness. Those relationships can help people find the right support at an earlier stage, but there is no single route to accessing our pro bono service. It is open to anyone who may need help, whether they come to us through a professional or organisation, or contact us directly.
What two decades of this work have taught me
I first saw the value of this work as a trainee, visiting patients on a hospital ward. What stayed with me was the difference that relatively straightforward legal help when somebody feels they have lost control of almost everything else.
That lesson has stayed with me
Pro bono work cannot solve every difficulty associated with serious injury. But it can give someone clarity, practical support and a sense that they are not facing their difficulties alone.
What I have learned is that early legal support can make a real difference to patients and their families. Helping to resolve some of the immediate practical and financial worries can take away at least some of the burden at an incredibly difficult time, allowing them to focus on recovery and adjusting to their new life.
*Jeremy’s name has been changed to protect client confidentiality.
Kara Smith is partner and head of pro bono at Stewarts
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