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New laws and insurance industry make injury claims more difficult

The world of injury claims and insurance has been rocked by two massive developments which could have a huge impact on hard-pressed policyholders for years to come. A reversal of a judgement made at the Court of Appeal coupled with a new law designed to make it harder for people to make injury claims via sites like first4lawyers.com are set to lead to huge changes for anyone who needs to claim from their insurer or in court after suffering injury in a serious accident.

At the Court of Appeal, the case of Simmons v Castle was due to award the plaintiff an additional 10% in damages, but intervention from the insurance industry was key in overturning that decision. Meanwhile, the Legal Aid, Sentencing and Prosecution of Offenders Bill, due to become law in a few months’ time, will make it harder for people to make personal injury claims, something which many in the government perceive to be a problem.

People in Rugby and other parts of Warwickshire are likely to be affected by the changes, something which the Association of Personal Injury Lawyers are concerned about. They had this to say about the new laws and the recent court case:

“The fact that the insurance industry actively influenced the outcome of a court case shows that they’re intent on trying to get away with paying as little as possible to anyone who claims from them. As for LASPO, there’s a strong possibility that those who would have gone to the likes of Medicalsolicitors.com for assistance in claiming compensation would have to do without it if their insurer doesn’t pay them the appropriate amount.”

LASPO is set to become law from April 1st 2013, but anyone who signs a Conditional Fee Funding Arrangement (CFA) before that date won’t be entitled to the additional 10% in damages recommended by the government. This will come as a huge disadvantage to plaintiffs in court cases needing compensation from the defendant, whether in court or out-of-court.