Top Banner
Resolving Injury Resolving Injury Claims Claims with early care without unnecessary proceedings
18

Resolving Injury Claims with early care without unnecessary proceedings.

Dec 14, 2015

Download

Documents

Charity Barber
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: Resolving Injury Claims with early care without unnecessary proceedings.

Resolving Injury ClaimsResolving Injury Claims with early care

without unnecessary proceedings

Page 2: 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Foot the bill for unnecessary costs of outdated system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

Page 3: Resolving Injury Claims with early care without unnecessary proceedings.

Local Authori

ties

Local PCT & GPs

Local CAB/ Law

Centres

Principals Service providers Other stakeholders

Medico-legal

providers

Rehab. provide

rs

LawAlliance

Contracted lawyers

Major employ

ers

NGOs &

others

Local utilitie

s

Claimants

InterResolveCentral 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

Page 4: Resolving Injury Claims with early care without unnecessary proceedings.

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

Page 5: Resolving Injury Claims with early care without unnecessary proceedings.

Community networkClaimant Motives

•TV ads drive claimants towards system that delays settlements•InterResolve scheme guides claimants towards speedier settlements

Pragmatism

Revenge

Greed

Justice

Speed

Speed

Delay

Delay

Page 6: Resolving Injury Claims with early care without unnecessary proceedings.

The InterResolve SchemeA 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

Page 7: Resolving Injury Claims with early care without unnecessary proceedings.

The InterResolve SchemeClaims 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

Page 8: Resolving Injury Claims with early care without unnecessary proceedings.

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

Page 9: Resolving Injury Claims with early care without unnecessary proceedings.

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

Page 10: Resolving Injury Claims with early care without unnecessary proceedings.

Claims

Route 1

Smaller/Simpler Claims

Route 2Complex,

Catastrophic Unresolved

Outsourced Rehab

ADR built in

Opt Out:•Special ATE•Reduced

issues/costs going forwards

No

Settlement

EstimatedLegal Cost Savings of 50% - 80%

Yes

Independent Legal Opinion

(LawAlliance)

InterResolve

Facilitated Settlement

Route Selection

LawAlliance

Contracted Represent’

n

Medico-legal Note

Route 3Initiated by LA

members (S.2.6 PAP)

Settlement

Fixed Costs

EL/PL/RTA

No

REHABILITATION 1st Early & Objective Recovery

AssessmentFraud Filter

Page 11: Resolving Injury Claims with early care without unnecessary proceedings.

LawAllianceAdvisors 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

Page 12: Resolving Injury Claims with early care without unnecessary proceedings.

The Benefits

Page 13: Resolving Injury Claims with early care without unnecessary proceedings.

The Winners

Legitimate claimantsEarly care/rehabilitationFewer delays/less frustrationEarlier claims settlementsGreater involvement in process and outcome

Page 14: Resolving Injury Claims with early care without unnecessary proceedings.

The Winners

Payers (insurers, employers, local authorities, NGOs and others)

Hugely reduced claims costs Reduced claims administration costs Reduced future general and special damagesFor EL – employees back to work Increased fraud control

Page 15: Resolving Injury Claims with early care without unnecessary proceedings.

The Winners

LawyersGood for their clientsNew source of business for them

Better business model ‘Free’ new cases without referral fees/ advertising costs Cashflow and profitability benefits

Page 16: Resolving Injury Claims with early care without unnecessary proceedings.

The WinnersUK 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

Page 17: Resolving Injury Claims with early care without unnecessary proceedings.

Where we are now

LawAllianceDetailed contract - terms negotiated with

SSCAnnouncement of launch this weekGrowing interest (inc from defendant firms)

Insurers, employers, LAs, NGOsExtensive discussions during 2005 Initial pilots (C.5,000 cases) planned 2006Announcements due Spring 2006Need as many participants as possible

Page 18: Resolving Injury Claims with early care without unnecessary proceedings.

Peter Ashdown-BarrManaging Director and CEO

[email protected] 7877 0370

InterResolve Holdings LtdTower 42, 25 Old Broad Street

London EC2N 1HN

www.irbics.com