Association of Personal Injury Lawyers (APIL)

“If I hadn’t been able to make the claim I would still be on an NHS limb, I wouldn’t have been able to work, I wouldn’t have been able to move.” Rusty Brown suffered life-changing injuries in a devastating hit-and-run. He fought for his redress and was able to use that money to get his life back on track. Watch his story now #RebuildingShatteredLives

PI lawyers have only until the end of the year to help inform APIL’s research into why fewer injured workers are going onto claim redress. You can play your part by completing our new survey. It is open to all personal injury lawyers who are involved in selecting the potential employer liability claims pursued by their firms. Latest analysis shows that the number of employer liability claims fell by 50 per cent between 2018/19 and 2023/24. During the same period, the number of workers who became ill because of their work, or who suffered a significant work-related injury, increased by 16 per cent. More workers are becoming ill or being injured because of their work, yet there are far fewer claims. Alongside other research APIL is conducting, your insights and experiences will provide a better understanding of why fewer employer liability claims are being made, and help develop proposals to combat this justice gap. Any personal information provided will be kept strictly confidential. If you have any questions about the survey, please contact APIL’s research manager John McGlade at john.mcglade@apil.org.uk.

"Personal injury law has been mired in poor public perceptions of what it means to make a claim for compensation and what that compensation is for. It matters because misleading narratives can lead to misguided legislation". APIL president Kim Harrison sets out some of the key items on the association's proactive campaign agenda for the coming year and beyond, for the First4Lawyers Ltd update. Kim highlights the flagship #RebuildingShatteredLives campaign, which is about protecting the law, and also APIL's campaigns to improve the law where it already falls short, from bereavement damages to justice for workers who have been exposed to asbestos. Read more below. #IICSA #personalinjury #compensation #mesothelioma #asbestos #bereavementdamages #lungcancer #backontrack #recovery #rehabilitation #law #personalinjurylaw #justice #victimsofnegligence https://bit.ly/4gzCIvu

The UK's approach to compensating innocent victims of violent crime has become increasingly restrictive. In the latest issue of PI Focus, Neil Sugarman highlights the problems with the UK's Criminal Injuries Compensation Scheme. The current scheme, introduced in 2012, presents significant challenges: 👉 Stagnant maximum awards: Capped at £500,000 since 1996, with no adjustment for inflation. 👉Dog attack exclusions: Compensation is only allowed if the animal was intentionally used to cause harm. 👉Mental health barriers: Victims must secure evidence from clinical psychologists or psychiatrists, a significant hurdle given the lack of access to mental health services. 👉Conviction exclusions: Those with certain past convictions are automatically disqualified, often without discretion for mitigating circumstances. To read about the issues in greater detail, or to read any of the other compelling and informative articles in PI Focus, become an APIL member today: https://bit.ly/3Hd6Rkw PI Focus is APIL's bi-monthly member magazine and covers all the stories from across the world of personal injury. Don't miss out on your copy! President Kim Harrison's latest blog on the APIL website - If we truly want to help victims of crime, changes must be made - focusses on some of the other problems holding the CICS back, and can be read below. https://lnkd.in/gW_Kymed #PersonalInjury #VictimSupport #Compensation 

The Scottish Law Commission (SLC) has recommended that the law on asbestos-related pleural plaques in Scotland be amended. It will mean claims for other asbestos-related diseases can be brought even if no claim for pleural plaques was brought within the three-year limitation period. In response to the SLC’s paper on damages for personal injury in 2022, APIL highlighted the unfairness of the current law. A mesothelioma victim, for example, is prevented from claiming compensation for mesothelioma if they knew they had symptomless pleural plaques but did not bring a claim within three years of becoming aware of the plaques. Many people do not know that they should bring a claim upon learning of the existence of pleural plaques in order to preserve their ability to bring a further claim should their condition worsen in the future.

APIL president Kim Harrison spoke to Law Society Gazette about the challenges facing the personal injury sector. From years-long court delays to the impact of government reforms, Kim highlights the difficulties that injured claimants, particularly those with life-changing injuries, face in securing justice. "Injured people should have 100% compensation. No more, no less." With concerns growing over fixed costs and case backlogs, Kim calls for fair access to justice for all: "The civil system must not be forgotten. Victims of negligence need the same due consideration as victims of crime." https://lnkd.in/eBe49vKk #courtdelays #personalinjury #civiljustice #personalinjurydiscountrate #discountrate

Congratulations to all APIL members who were shortlisted for last night's Claims Media #PersonalInjuryAwards. A special mention to our executive committee member Erin Darling-Finan who won the Young Achiever of the Year award.

This afternoon I had the pleasure of taking part in the clinical negligence training by Association of Personal Injury Lawyers (APIL). I found the training invaluable and I am looking forward to putting what I have learnt into practice and sharing it with the rest of our new claims team. Thank you John McQuater!

The Lord Chancellor has announced the outcome of the review of the compensation tariff for whiplash injuries. https://lnkd.in/eZ4HAVss It "has made an unjust situation even worse," says APIL president Kim Harrison. The Lord Chancellor has decided to uprate the tariff by around 15 per cent to account for actual Consumer Price Index inflation to May 2024 and for forecasted inflation to May 2027 - the likely date of the next review. It means injured people will receive less compensation in real terms than they did in 2021 when the tariff was introduced. "A 15 per cent increase is not enough," said Kim. "If the Lord Chancellor were simply to increase the actual tariff, as introduced, in line with inflation using the Consumer Price Index rather than making convoluted predictions about future inflation, the increase to damages in the tariff would be 22 per cent," she said. "An inflationary increase to reflect how prices have gone up in reality over the past three years is the very least injured people needed. It seems they continue to be the whipping boys for the cost of car insurance premiums. The facts are that since the tariff came into effect, the number of claims has plummeted, the cost of injury claims to insurers has nosedived, and yet motor premiums have continued to rise. We look forward to seeing HM Treasury’s conclusions when it reports on the effects of the 2021 reforms on policyholders, as required by the Civil Liability Act.”   #personalinjury #whiplash #compensation #RTAclaims #justice #OIC #civilliabilityact #carinsurance #motorpremiums #motorinsurance

The Civil Justice Council has published the second part of its final report on the Pre-Action Protocols, which covers the “litigation specific” protocols including the personal injury, clinical disputes, and disease and illness protocols. The CJC recommends greater emphasis on the importance of alternative dispute resolution, and better alignment of the personal injury protocol with the Serious Injury Guide and Rehabilitation Code. If you're looking for practical insights on what you need to know about the pre-action protocols, join us for the APIL webinar. It’s a great opportunity to stay informed. Sign up here: https://bit.ly/3UXpJeM You can read the report here: https://bit.ly/3Ofg0Nj #civiljusticecommittee #ADR #personalinjury #diseaseclaims #rehabilitationcode #clinicaldisputes