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In the vast majority of personal injury compensation claims, claimants report high levels of satisfaction with the service they receive from their claims management company or the specialist solicitor they have instructed to run their claim.
We work hard to ensure that our solicitors are able to settle the majority of claims for personal injury compensation quickly and in our clients favour. Over the years, we have developed a specialist claims process that provides a great service. Clients are kept up to date, know how to communicate with their solicitor and understand what the claim means to them in terms of costs. So, luckily for us, we don’t have an issue with clients complaining about their solicitor or wishing to switch solicitors – unless the claimant is coming to us.
But that’s not the case for everyone. Once you have instructed a solicitor to pursue your claim for personal injury compensation on a conditional fee agreement basis, how easy is it to switch to a different solicitor if you are unhappy with the way in which they are managing your claim?
If your solicitor closes your claim
The most common reason that someone comes to us after having already approached another company is because their solicitor has closed their claim, having taken the view that the prospects of succeeding are less than 50%. Remember, your solicitor only gets paid IF YOU WIN and if they believe a claim is unlikely to do this, by pursuing your claim they are only risking further costs to themselves should the claim fail. Whilst it costs you nothing if you lose, there are costs to the solicitor and they must make a decision as to whether it is in your or their best interests to continue.
If your solicitor has closed your claim and advised that the 3rd party will not admit liability, that they have a very strong defence to the claim and that it would be unlikely to succeed should they take the matter to court (their only option other than close the claim if liability is in dispute), it could still be possible to pursue your claim although it is unlikely that another solicitor will take a different view to that of your previous one.
However, we suggest that you should always seek a second opinion and to that end, advise you to contact us as we can get a solicitor to review your claim file and see if there is a way forward. Understandably, any claimant who has a claim that has been closed or failed will be disappointed, yet most understand why this happens as long as they are given a simple and clearly understandable reason for this by their solicitor.
Complaint against current or previous solicitor
Occasionally, clients come to us when they believe that the solicitor they previously instructed to run their claim for personal injury compensation has acted negligently or handled the claim poorly. It is rare that solicitors set out to manage claims poorly or neglectfully, but we’re all humans and mistakes can be made. Indeed, when we look in to such enquiries it is often the case that the solicitor has given the client bad news regarding their claim and the client doesn’t like it. We all want someone to blame when things don’t go our way and this can happen in personal injury compensation claims too. However, when there does appear to be a genuine case of poor claim management by a solicitor or negligent behaviour, there are things that a claimant can do in order to rectify the situation, with the last resort being switching solicitors to a new firm.
When it comes to personal injury compensation claims, it is always important to be honest and transparent. With this in mind, Direct2Compensation advise clients that it is not always in their best interests (or even needed) to switch solicitors with their claim. There is a correct way to handle a complaint about a solicitor and their handling of your claim and often things can be resolved with your current solicitor which if done, will see your claim settle more quickly than if you switch to a new solicitor. If you believe that you have a genuine complaint against your current solicitor, here is a list of the things you can do about it:
- Complain to your solicitors office and ask for a written reply to your complaint. In the majority of cases, you will find that there may have been a lack of communication about a certain point of interest in the claim or that you may not have received an important bit of correspondence. By complaining, your solicitor will have every chance to rectify the situation quickly.
- If you are not happy with your solicitors response to your complaint, you can contact their regulator – the Solicitors Regulatory Authority. They have a complaints department and can hold your solicitor to account for their actions.
- If you are not sure what you should expect from your personal injury compensation solicitor, contact us as we can advise you on this and let you know what you should expect from them.
- If you feel really aggrieved about your current solicitor, that the relationship with them is beyond repair and that you have no faith in them it is probably then best to end their instruction and authorise a new firm to investigate taking the claim forward. This should only be done once the above process has been attempted and exhausted.
Of course, you might just want to discuss the way in which your claim has been handled and not yet be sure that you wish to switch solicitors. We’ll be more than happy to give you our honest opinion and let you know what you can do about it and if needs be help you hire a competent specialist no win no fee solicitor to pursue your claim for personal injury compensation.
Direct2Compensation can boast a proud record of excellent service and work with some really great solicitor partners. Find out what is so special about us, or take a look at the feedback shown on our testimonials.