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Resolving Injury ClaimsResolving 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Foot the bill for unnecessary costs of outdated system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 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
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 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
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
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
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 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
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
The Benefits
The Winners
Legitimate claimantsEarly care/rehabilitationFewer delays/less frustrationEarlier claims settlementsGreater 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 damagesFor EL – employees back to work Increased fraud control
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
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
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
Peter Ashdown-BarrManaging Director and CEO
[email protected] 7877 0370
InterResolve Holdings LtdTower 42, 25 Old Broad Street
London EC2N 1HN
www.irbics.com
