Insight: Personal Injury

Print This Post

23 September 2015


The third issue of Legal Futures Insight delves into an area of legal practice that has been in constant turmoil over recent years: personal injury.

MedCo has been the source of constant headlines on our sister site Litigation Futures in recent months, and in this issue we explore what is going well and what not so well. With the process of weeding out some of the worst offenders now underway, is fragmentation of the market for medical reports is a good thing or will it only lead to more confusion?

The other most pressing issue of the moment is clinical negligence. Once seen as a safe haven from mainstream personal injury, it is facing a double-pronged assault: caps on fees in low-value cases (although what the government considers low value is very different from claimant lawyers), and an end to the recoverability of after-the-event (ATE) premiums for experts’ reports. We look at both issues and the state of the ATE market more broadly.

Finally, with the suspension of budgeting for negligence claims in the High Court from next month, three leading costs lawyers give their very frank views on what the problems are and what the way forward might be.

 


Legal Futures Blog

Rating lawyers by their wins and losses – a good idea?

Robert Ambrogi

Lawyers will give you any number of reasons why their win-loss rates in court are not accurate reflections of their legal skills. Yet a growing number of companies are evaluating lawyers by this standard – compiling and analysing lawyers’ litigation track records to help consumers and businesses make more-informed hiring decisions. The shortcomings of evaluating lawyers by win rates are many. Not least of them is that so few cases ever make it to a win or loss. Of equal concern is that, in the nuances of law practice, it is not always obvious what constitutes a win or a loss.

February 22nd, 2017