Resolving Injury Claims with early care without unnecessary proceedings.

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Presentation transcript:

Resolving Injury Claims with early care without unnecessary proceedings

Present system fails everyone Claimants Unacceptable delays and frustrations Lack of early care and rehabilitation ‘Payers’ (insurers, employers, local authorities, NGOs and others) Foot the bill for unnecessary costs of outdated system Lawyers Excessive formalities and overheads Poor cashflow/profitability

Local Authorities Local PCT & GPs Local CAB/ Law Centres PrincipalsService providersOther stakeholders Medico- legal providers Rehab. providers LawAlliance Contracted lawyers Major employers NGOs & others Local utilities Claimant s InterResolve Central IT system; objective rehab assessments; neutral facilitator and administrator Open to all legitimate stakeholders Payers; Lawyers; Service providers InterResolve is neutral, non-conflicted hub Community network

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

Community network Claimant Motives TV ads drive claimants towards system that delays settlements InterResolve scheme guides claimants towards speedier settlements PragmatismRevenge Greed Justice Speed Delay

The InterResolve Scheme A completely new system – from scratch Basic Principles Earlier notification of claims Rehabilitation near point of injury Independent legal advice for all claimants Unnecessary transaction costs removed Identify bad claims early – pre lawyer/pre-CMC Contracted scheme Private contractual arrangements Outside court system, but with access to it

The InterResolve Scheme Claims enter scheme from 2 sources: 1. Arrangements agreed with Payers Reaching claimants near point of injury Providing early care, rehabilitation and settlements 2. LawAlliance members Where retained by claimants against participating payers LawAlliance members also get new claims from IR without case referral fees

The InterResolve Scheme Simple claims (where liability is not major issue) Providing earlier settlement With independent medical and legal advice, but Without formal legal representation More complex claims Contractually agreed terms with lawyers for Agreed/fixed costs Standards and conduct without Pre-action Protocol Proportionate medical evidence Advanced ADR options – at 50-80% less cost A New Claims System – all achieved 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

Claims Route 1 Smaller/ Simpler Claims Route 2 Complex, Catastrophic Unresolved Outsourced Rehab ADR built in Opt Out: Special ATE Reduced issues/costs going forwards No Settlement Estimated Legal Cost Savings of 50% - 80% Yes Independent Legal Opinion (LawAlliance) InterResolve Facilitated Settlement Route Selection LawAlliance Contracted Represent’n Medico-legal Note Route 3 Initiated by LA members (S.2.6 PAP) Settlement Fixed Costs EL/PL/RTA No REHABILITATION 1 st Early & Objective Recovery Assessment Fraud Filter

LawAlliance Advisors first, litigators last No formal representation Early rehab report/ medical prognosis Independent Legal Opinion LA member can decline Neutrally facilitated settlement Typical Cost £7-800 = savings 50-80% Route 1 Simple Claims Anonymised ILOs (LA membership details public ) Contracted representation Agreed conduct of claim Agreed fixed legal costs Settlement stage matrix No costs disputes Early mediation/ADR Opt out for CPR Special ATE Costs crystallised Route 2 More Complex Claims Retained under contract No PAP No ATE No CFAs No uplifts No referral fees Claims

The Benefits 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 Good for their clients New source of business for them Better business model ‘Free’ new cases without referral fees/ advertising costs Cashflow and profitability benefits

The Winners UK Plc 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) planned 2006 Announcements due Spring 2006 Need as many participants as possible

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