The Serious Injury Guide is a voluntary framework for the management of serious injury claims. In this context, a ‘serious injury claim’ is one worth £250,000 or more. The Guide aims to shift the focus of personal injury cases making them less confrontational and instead putting the injured person’s needs first.
What is the Serious Injury Guide?
The Serious Injury Guide, is a best practice Guide put together jointly by the Association of Personal Injury Lawyers (APIL) and the Forum of Insurance Lawyers (FOIL).
The Guide sets out how claimant solicitors and defendant insurers should conduct personal injury claims involving complex injuries. Injuries of this type can have a potential value of at least £250,000. This is especially so where there is likely to be an element of future continuing loss of earnings.
The Guide does not apply to clinical negligence claims or asbestos related disease claims.
Must solicitors comply with the terms of the Serious Injury Guide?
The Guide has no legal force. Insurers and firms sign up to it voluntarily if they wish. That said, the Personal Injury Pre-action Protocol section 1.1.2, makes direct reference to the Guide, and states that “parties to personal injury claims must consider its provisions in any claim to which the Guide applies”.
If any party acts unreasonably fails to follow the terms of the Guide, the court may order them to pay costs, at the end of the claim
Most solicitors are aware of the need to focus on the Claimant’s needs rather than blindly pursuing litigation. At Mooneerams, we voluntarily follow the principles detailed in the Guide and have been doing so ever since the Guide was first published in 2015.
Why was the Serious Injury Guide brought in?
The Guide came about because of concerns among personal injury solicitors and judges that some high-value personal injury claims were dragging too long. It was apparent there was a lack of mutual trust between parties. Solicitors on both sides pressed on down the litigation route, instead of trying to get the claim settled by collaboration.
The claimant’s lawyers experienced issues with insurers withholding documents and delaying interim payments, sometimes in order to put pressure on the claimant to settle for less than the claim was worth. The upshot was that it was the claimant who was left waiting to get treatment and rehabilitation.
What are the aims of the Serious Injury Guide?
The Guide encourages the parties to a personal injury claim to:
- engage with each other early,
- narrow the issues,
- share information promptly, and,
- prioritise the injured person’s needs from the outset.
The Guide was brought in to ensure Claimants receive medical help early on in the claims process, and for the parties to work together and explore alternative dispute resolution as an option instead of going to court for a judge to decide the case.
The Guide lists its specific aims as:
- Early liability resolution
- Maximising rehabilitation opportunities
- Making provision for early interim payments
- Emphasising restitution and redress, rather than just compensation
- Early identification of issues not in dispute
- Flexible approaches to the resolution of issues in dispute
The Guide provides a structure for what claimant personal injury solicitors should be doing as a priority; prioritising their client’s medical and rehabilitation needs and pursuing the best possible outcome as swiftly and cost-efficiently as possible.
What does the Serious Injury Guide require in practice?
The Guide details a number of procedural steps that the parties to a serious injury claim are expected to undertake. A brief overview of the key steps is as follows:
- Early notification
The Guide states that the claimant’s solicitor should send a written notification letter within 7 calendar days of instruction. This is not a substitute for a full formal letter of claim; it simply alerts the proposed defendant and their insurer to the issue.
- First contact
Within 14 days of receiving the notification letter, the defendant’s insurer should acknowledge the correspondence and confirm the name and contact details of the person tasked with handling the matter.
Within 28 days, the insurer must contact the claimant’s solicitor to discuss liability, the claimant’s injuries, any rehabilitation needs, other potential defendants, and when to hold further discussions.
- Liability resolution
The parties should commit to resolving liability by agreement within a maximum of six months from the date of first notification. Where that is not possible, the parties must identify the barriers and agree an action plan to conclude liability at the earliest opportunity.
- Rehabilitation
The parties are expected to consider whether early intervention, rehabilitation, or medical treatment would improve the claimant’s present or long-term position. Defendants must reply to any rehabilitation request within 21 days. The parties are encouraged to agree the selection of a case manager suited to the claimant’s needs, and rehabilitation reports and case management material should be provided to the insurer on a regular basis.
- Ongoing review and forward planning
Regular dialogue between the parties should continue throughout the claim. Material changes in circumstances, such as the death of the claimant, loss of capacity, significant medical deterioration, or a material change in care regime costs, must be communicated to the insurer immediately.
- Interim payments
Interim payments are where a claimant receives part of their compensation before the conclusion of their claim. They are an invaluable tool in ensuring seriously injured claimants receive the treatment they need early in the claims process.
Insurers proceeding under the provisions of the Guide commit to making early and continuing interim payments where appropriate. Once the question of liability has been resolved, the Guide also states that insurers should make an interim payment towards disbursements and costs.
- Dispute resolution
If the parties can’t resolve the claim through discussions, the Guide states that they should consider and agree an appropriate dispute resolution (ADR) method, such as a joint settlement meeting or mediation.
Exploring ADR does not stop the claimant from pursuing court proceedings later; it simply gives the parties a chance to settle the matter in a more structured environment, sometimes with help from impartial, qualified third parties.
What does the Serious Injury Guide mean for your claim?
The explicit reference to the Serious Injury Guide in the Pre-action protocol means that parties involved in claims to which it applies risk the court making legal costs awards for failure to comply with the Guide, at least in spirit.
The Guide plays an important role in ensuring the claimant’s immediate rehabilitation needs and a fair outcome are at the forefront of the parties minds throughout the claims process.
Insurance companies cannot unreasonably delay making crucial interim payments and withhold key documents, without fear of the costs consequences.
As a result, the Guide levels the procedural advantages traditionally held by insurers with deep pockets.
Mooneerams specialise in personal injury work. We only act for claimants.
As niche personal injury solicitors, we handle many serious injury claims. If you or a family member has suffered serious injury in an accident that was due to another party’s negligence, call Mooneerams on 029 2199 1927 or fill in the form on this page and click ‘Call Me Back’.
Mooneerams handle most serious injury claims for their clients using a No Win No Fee agreement.
Posted in Personal Injury Claims
