This is a reproduction of an article which appeared in the Journal of Personal Injury Law (Issue 3 2019).
This case study recaps the key principles in the Serious Injury Guide 2015 ("the Guide") and explains, how it can be mutually beneficial for all stakeholders in any litigation.
This piece is authored by:
Helen Kanczes, Clyde & Co
David Withers, Irwin Mitchell LLP
David Fisher,AXA Insurance PLC
The Serious Injury Guide 2015
The Serious Injury Guide 2015 ("the Guide") seeks to put those claimants who have sustained life changing injuries at the forefront of the litigation. The Guide compliments the Rehabilitation Code 2015.
The Guide is not mandatory. Certain claimant solicitors and insurance companies have become signatories to the Guide and commit, on behalf of their organisations, to comply with the principles and ethos. For insurance companies, this will extend to solicitors that they instruct.
The aims of the Guide are to resolve liability as quickly as possible, to provide early access to rehabilitation for claimants to maximise their recovery where it would be beneficial, to resolve claims cost effectively and proportionately and within an agreed timeframe, and to create an environment of mutual trust, transparency and collaboration.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.