Personal Injury Claims are to undergo rule changes as the Legal Aid, Sentencing and Punishment of Offenders Act comes into force on April 1.
Lancashire, England -- (SBWIRE) -- 02/21/2013 -- More than three years ago, Lord Justice Jackson was tasked with the job of undertaking an inquiry into personal injury claims and reforming the industry. The reform is due to go into effect from April 1 and major rule changes will come into effect under the new legislation. These changes could affect any businesses as well as individuals who are entitled to make claim, but the new laws are not widely known. Here is a look into what the new legislation entails and involves.
Lord Justice Jackson has endeavored to make the rule changes more cost-effective than previous incarnations. He is proposing a system wherein cost shifting will generally reduce costs. In his revised rulings, the claimant would not be required to pay the defendant’s legal costs upon losing. Although the defendant would still be required to pay the claimants legal costs is the claim is successful. This removes the risk previously attached to making an accident injury claim. Under current rulings the claimant is forced to pay the defendant’s legal costs when making an unsuccessful claim. Currently this cost is subsidised by the claimant taking out an insurance policy. This insurance is in itself an additional cost that the new proposal hopes to abolish.
Furthermore, Lord Justice Jackson has made significant changes to industrial disease and medical negligence claims. Many people have criticised the current industrial disease claim model due the protracted length that the process takes. Medical proof from experts is needed at almost every step of the process and can prolong the claim. Jackson has attempted to diminish this prolonged waiting time by imposing time limits.
The medical body would be liable for a fine if they have not produced the necessary records within 60 days. Additionally any medical records that are not produced within 40 days, will not incur a fee payable. It is hope that these financial incentives will encourage medical bodies to improve their efficiency and speed when producing important records and results for medial claim cases. This will also help reduce additional costs in some cases.
All of these changes that Lord Justice Jackson is imposing are designed to help bring justice to those who deserve it. The changes are an attempt to make the legal system fairer so anybody who is entitled to compensation has a fair chance to claim it.
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