A “wind of change” in personal injury litigation is enabling the traditional way specialist claims into brain injuries and other major cases are handled to be revolutionised, new research has revealed.
The COVID-19 pandemic has forced major change in the way claims are handled, with much of it being done remotely out of necessity amidst ongoing restrictions on travel and meetings.
However, new research has revealed that as a result of this, litigation has become more efficient, with remote case management conferences, joint settlement meetings and low value trials all set to become the ‘new normal’ post pandemic.
The findings, from barristers Exchange Chambers and brain injury rehabilitation centre Calvert Reconnections, have been welcomed by neuro-specialist legal professionals, who believe the move towards technology brings new efficiencies and collaboration within the claim process.
“A wind of change is blowing through the personal injury sector. Personally, I hope it gets a lot stronger,” says Bill Braithwaite QC, Head of Exchange Chambers and Trustee at the Lake District Calvert Trust.
More than half of personal injury lawyers nationally said that video technology and best practice guidelines for mutual co-operation have made the process more efficient in recent months. Only 19 per cent believed the opposite.
In further findings from the research, 85 per cent of lawyers believe case management conferences should take place remotely as standard.
The majority – 58 per cent – also believe that joint settlement meetings should take place remotely as industry standard going forward, alongside low value trials, which 60 per cent of lawyers believe should be handled remotely.
However, while the consensus was that a technology-led approach was one that should be adopted in many cases, equally there was agreement to the contrary in others.
In high value trials, 97 per cent of personal injury lawyers believe these must continue to take place in person, with 62 per cent also stating that mediations must not take place remotely in general.
Bill Braithwaite QC continues: “Traditionally, we have approached too many areas of our work in an old-fashioned, inefficient way.
“Joint Settlement Meetings are just one example. Over the last few months, we have undertaken hundreds of settlement meetings within Chambers by video.
“They work. Yes, they are different from meetings in person but for negotiation it is usually enough simply to talk.
“I’m also encouraged by the move towards remote case management conferences. They are quicker, simpler, cheaper and at least as efficient.”
However, the leading legal expert believes the industry does need to go further in its willingness to adopt change.
“I’m less encouraged by the reluctance to embrace remote mediations,” he adds.
“In my view, it shows the entrenched views of the profession. Mediation on video is straightforward and effective and can be managed in just the same way as it can in person.”
