Personal Injury Self Help Kit

Transcription

1 Julian Porter Principal Solicitor Suncoast Community Legal Contact Service Us Inc Suncoast Community Legal Service Inc. 7 Ocean Street (PO Box 423) Maroochydore QLD 4558 Phone: NACLC Fax: Conference admin@suncoastcommunitylegal.org Session Office hours 39 Monday Thursday 9.00am to 5.00pm Mee5ng Room am to am Friday 26 July 2013 Personal Injury Self Help Kit Supported by

2 Suncoast Community Legal Service Inc Maroochydore on Queensland s Sunshine Coast since legal volunteers 7 loca5ons 2500 advices annually 2 FTE staff!

3 Personal Injury Self- Help Kit Launched February 2013 by Qld ARorney- General A guide to comple5ng pre- procedure processes in Personal Injuries Proceedings Act 2002 (Qld) ( PIPA ) Public Liability claims made unviable for no win, no pay firms by Civil Liability Act 2003 (Qld) Doesn t cover workplace, MVA, medical negligence

4 The need

5 Who remembers the early 90 s? The Insurance Crisis The HIH Collapse The Darwin Awards The Ipp Report

6 A new legislaive scheme Civil Liability Act (Qld) 2002 Personal Injuries Proceedings Act (Qld) 2003 Similar schemes in other States further to Ipp Report findings Further restricted rights interstate in years since

7 Civil Liability Act 2002 (Qld) Significant amendments of Common Law re liability - obvious risks of dangerous ac5vi5es - - no responsibility to warn intoxica5on presump5on of contrib And more tellingly re damages - No exemplary, puni5ve or aggravated damages - General Damages to be calculated using tables and Injury Scale Values ( ISVs )

8 Personal Injuries Proceedings Act 2003 (Qld) Restric5ons on law firm adver5sing Pre- procedure process (essen5ally disclosure) and addi5onal limita5on periods Limita5ons on costs - - linked to mandatory offers process zero under $30K, $2950 under $50K

9 Legal Profession Act 2003 amendments to Qld Law Society Act now in the LPA Aim of protec5ng consumers Legal Services Commission was established The 50% rule for con5ngency fees on PI marers

10 The result Reduced Poten5al Awards PLUS Increased Expense PLUS Reduced Costs Recovery PLUS 50% rule = Significant retrac5on in availability of no win, no fee services THE SKY IS FALLING!

11 In reality Insurance Company profits stabilise (natural disasters to be the new villain) PI firms more profitable than ever (increased predictability) Older people, PWD, long term unemployed can s5ll be injured in Queensland with impunity

12 The Kit Ini5ated by one frustrated volunteer Mr Alex McKean Drans kicking around since 2009 Deterred by expense of publica5on and concerns re poten5al risk Inferiority complex

13 LAQ CLE CollaboraIve Fund To fund community legal educabon inibabves and projects that: promote collaborabon between legal assistance and community based services Cynical observance of criteria blossomed into a truly collabora5ve effort. The result much berer than we could have achieved ac5ng alone.

14 CollaboraIve Partners Suncoast Community Legal Service Inc Legal Aid Queensland Sunshine Coast Law Associa5on QPILCH McInnes Wilson Lawyers QAILS Managed with incredible skill and diplomacy by project worker Toni Wills.

15 LAQ Funding body Experience with Self- Help Kits Authority/Weight Link from website

16 SCLA Access to PI Lawyers Access to Insurance Industry experience Local tes5ng ground

17 QPILCH Experience and reassurance More than just a referral But a great referral nonetheless

18 McInnes Wilson Lawyers Finalised text Desk- top publishing Prin5ng ini5al run Ongoing involvement training, assistance to clients

19 QAILS Promo5on and training App development

20 The Result Contact Us Suncoast Community Legal Service Inc. 7 Ocean Street (PO Box 423) Maroochydore QLD 4558 Phone: Fax: Personal Injury Self Help Kit admin@suncoastcommunitylegal.org Office hours Monday Thursday 9.00am to 5.00pm Supported by

21 Contents

22 Contents (Cont)

23 The Process Simplified!

24 Hyperlinks preferred

25 Clip art, Ips and examples

26 Unavoidably Wordy

27 and a bit complicated

28 And that was the Feedback Not that useful for really disadvantaged people Great for very able self- reps, lawyers not experienced in PI, people assis5ng disadvantaged people Calcula5on of damages sec5on problema5c

29 The App Further funding from LAQ CLE Collabora5on Fund To be completed by October Simplifies the kit beyond belief Client inputs data, App applies it to the process

30 Random Screenshot

31 User support CLC s Training Webinar for Facebook (August 2013) QPILCH PI firms

32 Burning Issues Cost of medical reports Lack of representa5on at Compulsory Conference Will insurers make reasonable offers?

33 In the meanime Kit is available to download at: My is About 200 hard copies of the kit are available, phone: (07)