Resolving Injury Claims

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

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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

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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
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• Start in the local community
• Payers Lawyers Service providers
• InterResolve is neutral, non-conflicted hub

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The InterResolve Network
Use network to develop

• 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

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The InterResolve Network
Use network to develop

• 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

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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

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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

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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

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The InterResolve Claims
A New Claims System

• Straightforward claims
• Providing earlier settlement
• With independent legal advice, but
• Without formal legal representation

at 50-80 less cost

• More complex claims
• Contractually agreed terms with lawyers for
• Agreed/fixed costs
• Conduct without Pre-action Protocol
• Medical evidence
• Advanced ADR options

all without need for legislation
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LawAlliance

• A new group
• Specialist personal injury lawyers
• Contracted into InterResolve Claims scheme

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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

• No formal representation
• Early rehab report/ medical prognosis
• Independent Legal Opinion
• LA member can decline
• Neutrally facilitated settlement

• 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

) ) Total costs (medical, ) legal IR) sub 1k
) Savings 50-80 )
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The Benefits
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The Benefits
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The Benefits
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The Benefits
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The Winners

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

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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

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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)
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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

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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

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• Start in the local community
• Payers Lawyers Service providers
• InterResolve is neutral, non-conflicted hub

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