Resolving Injury Claims Risk managing the bitter pill with early care without unnecessary proceedings.

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Presentation transcript:

Resolving Injury Claims Risk managing the bitter pill with early care without unnecessary proceedings

The Current System Does Not Work! For claimants For the public sector For lawyers Many have tried to fix it – none have succeeded InterResolve has started afresh with a blank sheet

The InterResolve Scheme A completely new system for resolving injury claims A ‘Care Network’ - involving Medical and rehab providers Responsible insurers, employers, local authorities, NGOs and others who want to Help care for people from point of injury Identify and resolve legitimate claims Increase use of early rehab Attack fraud/exaggerated claims – pre lawyer/pre-CMC

network Local Authorities Local PCT & GPs Local CAB/ Law Centres PrincipalsService providersOther stakeholders Medico- legal providers Rehab. providers LawAlliance Contracted lawyers Major employers NGOs & others Other public bodies Claimant s InterResolve Central IT system; objective rehab assessments; neutral facilitator and administrator Start in the local community Payers; Lawyers; Service providers InterResolve is neutral, non-conflicted hub

The InterResolve Network Public awareness and message Injury claims not just about money Start to change public attitude Message will take time Concerted effort needed Anti fraud measures Early offer of rehab can act as fraud filter Data sharing locally to identify serial claimants Use network to develop

The InterResolve Network Early rehabilitation treatment Early care/rehab can control/reduce future loss Start with objective assessment Get message out to those you want to help But take care not to encourage claims Use network to develop

Problems with current system For claimants Delays and frustrations Traded and commoditised by CMCs Not told what really happens when respond to TV ads Care/rehabilitation – too little/too late

Problems with current system For payers Hugely disproportionate claims costs Particularly for smaller claims PAP, ATE & MLR as though for litigation Delays in being able to offer rehabilitation Fraudulent/frivolous/exaggerated claims

Problems with current system For lawyers Case referral fees and advertising costs CFA formalities Cost of funding disbursements (inc mediation) Costs wars & satellite litigation Cashflow delays and tight profit margins

The InterResolve Claims Straightforward claims Providing earlier settlement With independent legal advice, but Without formal legal representation More complex claims Contractually agreed terms with lawyers for Agreed/fixed costs Conduct without Pre-action Protocol Medical evidence Advanced ADR options – at 50-80% less cost A New Claims System – all without need for legislation

A new group Specialist personal injury lawyers Contracted into InterResolve Claims scheme LawAlliance claims Simple Claims Legal & Medical Opinions w/o representation More Complex Claims Referred to lawyers under contract Claimants LawAlliance InterResolve

No formal representation Early rehab report/ medical prognosis Independent Legal Opinion LA member can decline Neutrally facilitated settlement claims Contracted representation Agreed conduct of claim Agreed fixed legal costs NCB Rules apply No costs disputes Early mediation/ADR Opt out for CPR Special ATE Costs crystallised LawAlliance Advisors first, litigators last Route 1 Simple Claims Anonymised ILOs (LA membership details public ) Route 2 More Complex Claims Retained under contract No PAP No ATE No CFAs No success fees No referral fees ) ) Total costs (medical, ) legal & IR) sub £1k ) = Savings 50-80% )

The Benefits 9

9

9

9

The Winners Legitimate claimants Early care/rehabilitation Fewer delays/less frustration Earlier claims settlements Greater involvement in process and outcome

The Winners Payers (insurers, employers, local authorities, NGOs and others) Hugely reduced claims costs Reduced claims administration costs Reduced future general and special damages For EL – employees back to work Increased fraud control

The Winners Lawyers New source of business Better business model ‘Free’ new cases without referral fees/ advertising costs Cashflow and profitability benefits (this is reason why so many now joining LawAlliance)

The Winners UK Plc – the wider scene Public Positive cultural change Public wellbeing Business Reduced direct and indirect cost Workplace/reduced business interruption benefits State Changes effected without legislation Relieved pressure on NHS Availability of data from scheme Independent monitoring by Nottingham Trent University

Where we are now LawAlliance Detailed contract - terms negotiated with SSC Announcement of launch this week Growing interest (inc from defendant firms) Insurers, employers, LAs, NGOs Extensive discussions during 2005 Initial pilots (C.5,000 cases) targeted 2006 Announcements due Spring 2006 Keen for Local Authorities to join local schemes

network Local Authorities Local PCT & GPs Local CAB/ Law Centres PrincipalsService providersOther stakeholders Medico- legal providers Rehab. providers LawAlliance Contracted lawyers Major employers NGOs & others Other public bodies Claimant s InterResolve Central IT system; objective rehab assessments; neutral facilitator and administrator Start in the local community Payers; Lawyers; Service providers InterResolve is neutral, non-conflicted hub

Peter Ashdown-Barr Managing Director and CEO InterResolve Holdings Ltd Tower 42, 25 Old Broad Street London EC2N 1HN