A joint initiative for the effective and efficient handling of catastrophic personal injury claims has been praised by parties on all sides as it marks the 10th anniversary of its inception.
The Serious Injury Guide is a joint venture by the Association of Personal Injury Lawyers (APIL) and Forum of Insurance Lawyers (FOIL) and a number of major insurers, which first launched in October 2015. Both organisations are calling for more law firms and insurers to become signatories to the guide.
“When claimants and defendants agree to run a case under the guide, the process becomes one of collaboration, which benefits all parties, especially the injured person, who is placed at the centre of the process,” said APIL president Matthew Tuff.
The Serious Injury Guide is used in catastrophic personal injury cases where damages are more than £250,000, excluding clinical negligence and asbestos-related disease claims.
“Working in this way is a little like taking a leap of faith and the feedback from those who have used the guide to run a claim is overwhelmingly positive,” he went on.
The benefits of the guide have been recognised by Master Amanda Stevens of the King’s Bench Division, who said: “I am delighted to send my warm congratulations to APIL and FOIL on reaching the tenth birthday of the guide.
“Innovative ways of working towards dispute resolution, and changes in behaviours and attitude, as modelled throughout the guide, have produced some transformative outcomes for the lives of those who have been tragically impacted by very serious injury.”
Matthew explained that “regular updates, agreeing time frames and discussion between the parties at the earliest opportunity about effective rehabilitation are the cornerstones of the guide. This might be to agree interim payments early and/or agree to funding of rehabilitation under the Rehabilitation Code, as prompt treatment is key to better recoveries, which also means in some cases the settlement costs are reduced. There are benefits all round.
“That’s why we need more defendant and claimant firms to sign up to use the Serious Injury Guide in appropriate cases: this is the gold standard for settling catastrophic injury claims,” he said.
Morgana Everson, from Axa Insurance, said: “The stocktake under the Serious Injury Guide allows parties to park issues that they do not agree on, to pause and regroup, and work together to put the claimant at the centre of the claim.”
Richard Meggit, from Accident Solicitors Direct, said: “Using the Serious Injury Guide has meant we are able to put in place rehabilitation within days of being instructed. This benefits the seriously injured client and accelerates their recovery.”