Fast and fair
justice for personal injury victims
[18th October 2006]
FROM THE LAW SOCIETY
WEBSITE:
The Law Society's Fast and Fair small claims proposals launched today would
improve the claims system for thousands of victims who suffer injury because
of someone else's negligence to provide simple, quicker and cheaper justice.
Fast and Fair offers a better way forward than an increase to the small
claims limit which the Government is expected to consult on later in the
year.
The current small claims limit prevents people with personal injury cases
worth less than £1,000 in damages claiming back their legal costs from the
losing side. Plans to raise this limit to £2,500 would leave thousands of
victims to take on insurers alone and navigate a complicated legal process
without any legal help.
Desmond Hudson, Law Society Chief Executive, today told the Law Society
Conference, Supporting Solicitors, that increasing efficiency should not
interfere with people's right to help from a solicitor:
"An increase to the small claims limit would leave most victims at the mercy
of big insurers whose directors must be popping champagne corks at the
prospect. A MORI survey found that just one in three people would have the
confidence to bring a claim without legal advice. Inevitably, people
suffering broken bones, severed fingers and scarring would be left without
the compensation they deserve.
"It is nonsense to suggest that we are in the grip of a US style
compensation culture. In fact, the number of personal injury claims over the
last five years has dropped."
We need a fast and
fair system that allows people to get advice whilst keeping costs down.
There should be a simple process with strict time limits, incentives for
efficient handling and for both sides to settle a reasonable claim early on.
Our system involves early notification to the insurer enabling them to
provide treatment to an injured party and to pay out quickly on
straightforward claims before costs spiral.
