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This article is part of issue #4 of our ATE newsletter, EvaluATE.
We have provided ATE insurance for over 22 years and are proud to have supported over 33,000 claimants to pursue medical accident claims since LASPO. These credentials lead in part to us winning the accolade of Insurance Provider of the Year at the Personal Injury Awards 2023; that, and our commitment to providing industry updates!
Throughout our tenure Dispute Resolution (DR) has always been a factor; the ability as an insurer to collaborate with our partners to ensure the best possible outcome for their client is key. We have however noticed an uptake in the volume of cases concluded by way of DR, and increasingly through mediation.
As an insurer we see any form of DR as a good thing. From a cost perspective, concluding a case as early as possible benefits us in terms of the value of any claim under the policy.
From a customer point of view, they see a resolution much sooner than if the matter were to go to trial, which can help reduce the amount of stress caused by the case.
In the last 5 years we have seen a large swing in the number of cases where proceedings are issued per annum with a decrease of 43%. The NHS mediation pilot and the moratorium has of course been a factor, but we have also noticed that firms are continuing to resolve cases through extensions and seeking DR as standard rather than exception.
Our ATE policy covers the costs involved with DR; should you make a claim, we would consider the costs in line with the terms of the policy. We have on many occasions been on hand into the night to provide support and collaboration while a case went to a JSM.
The changes proposed by the Low Value Clinical Negligence FRC scheme brings about the proposal of early neutral evaluation. We are looking, alongside our partners at our product, at how we can make any improvements to ensure we are fully supporting claimants in these situations.
We will continue to evolve and support our partners and their clients.
This article was written for the DAS ATE newsletter, EvaluATE. The newsletter is our regular platform for providing insights to those in the PI and CN industries; you can read the rest of issue 4 at the link below. Don't forget to join our webinar on Tuesday 23rd April to hear more from our contributors about the topics raised in this issue.
Read Issue #4 of EvaluATE Join our webinar
Alternative Dispute Resolution (ADR) in clinical negligence claims can take many forms, including mediation. Anna Sari from Morrish Solicitors explains.
Paul Balen from Trust Mediation reflects on what he has found from his time working under the NHS Resolution Mediation Scheme.
Ian Long from Browne Jacobson talks about the importance of approaching clinical negligence disputes with sensitivity and empathy.
Resolving healthcare disputes with sensitivity and efficiency
Dispute Resolution (DR) has been a factor throughout our 22 years of providing ATE insurance.
Nathan Holt, Head of ATE & BTE Underwriting at DAS, provides his unique view on an everchanging legal landscape and ATE’s role in providing access to justice.
Mediation and dispute resolution are on the rise, and are increasingly being preferred over court. Paul Balen, Director at Trust Mediation and Trust Arbitration, tells us more.
Nick McDonnell, Director at Kain Knight, looks at the Jackson reforms and what work remains to be done.
Henrietta Hughes, Barrister at 3PB, looks back at developments in the road traffic and personal injury arena.
The Optimise scheme, launched by DAS and Maxima, has supported over 100 clients over the past two years, transforming the landscape for clinical negligence and personal injury cases.
Lisa O’Dwyer from Action against Medical Accidents looks at how the LDFRC process will affect Clinical Negligence claims.
William Ellerton, Partner at DAS Law, gives his predictions for how the new FRC could play out.
Matthew Olner, solicitor at Nelsons, talks about how the QOCS changes have affected his law firm.
In this article, Rebecca Squires and Jane Marigold from DAS give their perspective on the QOCS changes.