The ‘Guide to the Conduct of Cases Involving Serious Injury’ sets out the best practice agreed between those experienced in representing claimants, and defendants’ insurers. It is specifically for cases where the potential value of the claim is £250,000 or more and likely to involve a claim for an element of continuing future loss. Parties to a claim for a lower value can agree to use the Guide where that might be practical, but the Guide does not cover clinical negligence or asbestos related disease cases.
The Guide aims to:
- Help the parties resolve liability as quickly as possible
- Promote early access to rehabilitation to maximise recovery
- Help resolve claims in a cost appropriate and proportionate manner
- Resolve claims in an appropriate time frame
- Resolve the claim in an environment of mutual trust, transparency and collaboration.
In our experience, the Guide works well when it can be used. Early, sensible dialogue can cut through a lot if posturing and delay that sometimes feature even in the most serious injury cases. In such cases where life might well not be the same again for the injured person, working together to identify what is in dispute and how best it can be resolved makes a big difference.
Of course much depends on the Defendant being in a position to concede liability quickly. That is not always possible – sometimes a Defendant adopts a ‘no stone unturned’ approach perhaps fearful of the extent of the compensation likely to be in issue. That can be incredibly frustrating and costly but wherever liability can be put to one side quickly it must be a good thing. The Guide promotes a best practice, sensible approach to resolving these claims, removing a whole layer of unhelpfulness and unnecessary worry for the person who has been seriously injured and those around them.
If only there was something similar for clinical negligence cases involving serious injury. That will have to be for a different blog.
Brethertons are one of around 50 specialist law firms who are experienced in serious and complex injury claims and who are signatories to the Guide to the Conduct of Cases Involving Serious Injury.
To read more and find out who is signed up follow this link: http://www.seriousinjuryguide.co.uk/
If you want to discuss how we can help you or someone you know who has suffered serious injury contact Jon Rees on 01788 557617 or by email jonrees@brethertons.co.uk.