There are some big changes ahead for personal injury compensation provision and claims management businesses in the UK from this April. The Government will be implementing Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) which for personal injury claimants will mean that while no win no fee agreements will still exist, they will have to pay their lawyer’s fee if the claim succeeds.
New legislation ‘premature’
It’s a major piece of personal injury news the PI compensation industry could do without, as it affects UK providers of claims like Accident Advice Helpline and lawyers alike. The Law Society has already condemned the new legislation as “premature” and that not enough thought had gone into the new rulings.
For those on benefits or low income who cannot afford expensive litigation to make a compensation claim following an injury accident which was not their fault, the Conditional Fee Agreement (CFA), or no win no fee system is a necessary lifeline. The latest personal injury news relating to changes in compensation claims is not welcomed.
No win no fee arrangement
Anyone calling Accident Advice Helpline’s freephone number will have the no win, no fee arrangement with our 200 UK network solicitors explained to them by one of our friendly staff. For a claim to be validated, the potential client is given a short, half-minute test in which it must be confirmed that the accident happened in the last three years, he was not to blame for what happened and that medical treatment was given for the injury.
Under the law as it stands at the moment, claimants are entitled to 100 percent of their award and have all their legal costs paid by the losing party’s insurers. On top of that, all expenses incurred by the claimant as a result of his injuries can be retrieved via the court – from taxi fares and hire car costs, through to specialist medical care and home nursing charges.
Damage to claimants
But with the new legislation soon to be implemented, The Law Society is warning that premature implementation may lead to major damage to claimants. It has requested the delay of the implementation arguing that the 1 April 2013 deadline is far too soon, particularly as the necessary regulations and changes to what are the Civil Procedure Rules have yet to be published. Accident Advice Helpline agrees.
In response to this unwanted personal injury news concerning LAPSO, Law Society President Lucy Scott-Moncrieff said: ‘There is no fiscal urgency to make the reforms quickly and every reason for them to be implemented to a timescale that can be managed by all. The new regime represents the most significant change to the civil justice system since the Woolf reforms in 1999. It will radically affect the way in which legal advice and representation are funded and involve major changes to the rules. The legal system will need time to assimilate the changes if they are to be implemented smoothly.’
Personal injury news
Accident Advice Helpline believes these changes will be both unfair on consumers and the PI industry. This particular personal injury news is bad news for all. The changes allow insufficient time to make proper adjustments to encompass employment liability and public liability claims. Both must be implemented together be afforded proper time for the legal profession and the PI business to make the adjustments.
To discuss your claim with a member of our expert team dial 0800 689 0500 now.
Date Published: 2nd March 2013
Author: David Brown