The idea of claimant personal injury lawyers and defendant solicitors and insurers working together towards a common aim might seem unlikely to some, but that’s exactly what happened in a room in London this month.

Representatives from both sides attended the Serious Injury Guide workshop. This year marks 10 years since APIL, the Forum of Insurance Lawyers (FOIL) and some major insurers created the best practice guide, which seeks to put injured people at the forefront of the claims process. It focusses on catastrophic injury cases where damages are more than £250,000, excluding clinical negligence and asbestos-related disease claims, though participants are also encouraged to consider how the guide can be applied in lower value cases too.

The Serious Injury Guide is the definitive example of successful collaborative working between claimants and insurers. In the past decade the Serious Injury Guide has been successful in helping to reduce the time it takes to settle complex cases, which can only benefit injured people.

More than 70 delegates from claimant solicitors and defendant solicitor firms, and insurers, attended the workshop, which kicked off with an introduction by Master Stevens on the importance of collaborative working. Attendees listened to presentations on new developments related to the guide, the Civil Justice Council’s work on pre-action protocols, and making offers under the guide. The workshop plays an important part in helping to shape the Serious Injury Guide, which is regularly reviewed. The turnout at the workshop demonstrates a staggering level of support for the guide and its aim to provide the best outcomes for victims of negligence. 

During the workshop several case studies were used to highlight the benefits of joint working, and delegates were also able to discuss any issues.

One of the objectives when the guide was first created was to change the culture of ‘us and them’ in personal injury cases for the benefit of victims of negligence. In any walk of life, each side being combative can make progress slow or bring it to a complete standstill. For injured people, when this happens, it means they are not receiving the compensation, or early rehabilitative treatment, they need to aid their recoveries in a timely manner.

The Serious Injury Guide advocates for parties to work together to settle claims to the mutual benefit of all involved, by putting injured people front and centre. The guide encourages building relationships and developing trust between the parties. Its achievements in the past decade demonstrate how it is possible to resolve cases effectively and in a timely way so that victims can start the process of piecing together their lives after injury.

A bedrock of the guide is keeping the lines of communication between the parties open. An emphasis is placed on taking stock of any issues, putting to one side any areas of disagreement, and moving forward in areas of common ground.

The guide advocates that it can be as simple as establishing points of contact on both sides so reports and information can be shared easily to progress the case. Sharing information can also stop the duplication of reports by both sides, which risks causing delays to cases, for example.

The sharing of regular updates by the parties is encouraged so, together a way forward can be agreed. The guide encourages deciding on timeframes and discussion at the earliest opportunity to consider effective rehabilitation. This might include securing early and continuing interim payments, which are essential to injured people’s recoveries. Key to resolving cases is addressing issues on an ongoing basis, while working towards a resolution.

Where appropriate, cases are resolved without the need to go to court which can be costly and time consuming, leaving injured people waiting too long for their cases to settle.

Parties working with openness and mutual trust is best all round, especially for victims of negligence who need their claims to be settled effectively and efficiently so they can move on with their lives.

You can find out more about the Serious Injury Guide and how it might benefit your clients at seriousinjuryguide.co.uk.