Government’s consultation on personal injury claims reform
The Ministry of Justice published the Reforming the Soft Tissue Injury (‘whiplash’) Claims Process consultation on 17 November. We are concerned that the proposals included in this consultation will undermine access to justice in a way and to an extent that few members of the public understand, and directly impact the work of practitioners and the network of solicitors’ offices.
The consultation includes the following proposals:
Remove, or replace by a low fixed sum, the compensation for pain, suffering and loss of amenity (PSLA) for minor whiplash claims. Minor injuries would be classed as lasting either up to six or nine months;
- Introduce a tariff of payments for PSLA in more significant claims. Damages for injuries lasting longer than six or nine months should be graded and fixed according to duration;
- Raise the small claims limit for all personal injury claims from £1,000 to £5,000, and
- Ban the settling of whiplash claims without a medical report from an accredited medical expert. The only question appears to be whether this should apply only to RTA claims, what exemptions there should be, and how it would be enforced.
Under the proposals, claimants will still be able to claim compensation for special damages, including medical costs or the loss of earnings.
We are encouraging all Solicitors to contribute to it and to write to local Members of Parliament outlining your concerns. It is vital to emphasise that while we object to fraudulent claims, the proposals go well beyond anything that might be necessary and will have real and prejudiced impact on the ability of many people to bring legitimate claims. Human stories or examples are requested. The deadline is Friday 6 January 2017.
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