Switching solicitors during a claim – can you do it?

254 questions have been answered below, why not ask your own?

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.

254 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Donna

    Hi we were travelling in a car last year as passengers (me, my husband and our then 3 year old daughter). My husband & I have received settlement for our claims. A Solicitor told me to open an account for my child for her compensation payment to go in to. I opened an account in my child’s name (a savings one) as instructed. However, now the Solicitor is saying that my daughters claim has to go before a judge and that settlement therefore goes into a court trust fund. Is there anything I can do for it to go into her own bank account?

    Reply
    • Ian Morris

      The judge may be willing to allow the settlement to be directed to an alternative account, but this will depend on the reasons for that. Court settlements for minors are usually placed in trust as it is a way of ensuring that the child will be the beneficiary of any settlement and prevents the settlement being used for family costs etc.

      Reply
  2. Michal

    I have a strong case against my work place. Why am I saying strong case? I have fructured my back whilst working in hospital. They have admitted to their wrong doing. Becuase there was few reports done on trollies being broken and I have done accident report at work which resoluted in quick changing of trollies and also I have had some time off for a week.
    Why am I saying all this?
    Because I feel neglected by my specialist. Not only I am waiting for about 5-6 weeks, for a phonecall regards my health assesment. Also defendant wanted to negotiate, they offered laughably 3000. Its ridiculously small amount for my injury. Yet! He takes sometimes about a week to reply regards my questions. He also does not want to negotiate with them when I have raised that with him, its worth trying as I would like to close case as soon as possible. He only replied to me something along that he is the one dealing with it, so I shouldnt tell him what to do…
    I find him being quite rude to be honest, specially after I have raised my concerns with the firm about the way its being dealt (first problem was, I supposed be contacted within a week or 7 working days, something this lines. I called in after over 2 weeks of no contact a been told to let them do the job(but in more nicer and with bigger words way…)

    Am I being wrong or I am having a case of someone completely treating me like an idiot… I feel like changing a firm. Its ongoing issue. Last time took him 2 days to reply to my questions about the case = “Can I have ref number”
    Thats ALL, regardless he had all other details in email, I have completely forgotten to add case number. YET I did message him case number straight away, same day, few minutes later! That was last Thursday(I sent the questions on Monday night, counting Tuesday morning, hence 2 days for reply) and we have Monday, week later… still no answers to my questions.

    What should I do? Cause I am not sure if I can close the case due to being not satisfied with the way I am being treated?

    Reply
    • Ian Morris

      If you have a Solicitor acting on your claim already, switching to a new Solicitor is something you can do, but should only do as a last resort.

      If you have not been represented by a Solicitor in this matter yet, please contact us urgently.

      If you are unhappy with a Solicitor and their handling of your claim, it is important that you make them aware of your concerns and complaint immediately and in writing. This affords your Solicitor the opportunity to resolve your concerns and explain what they have done and what they intend to do. In most cases, a detailed explanation of the matter can resolve any complaint or concern and if so, this is the best outcome for the claimant. However, if despite making a formal complaint to your Solicitor, they still cannot resolve your concerns, you can then look at the possibility of switching your claim from your current Solicitor to a new one of your choosing.

      Reply
  3. Michael

    I’m looking to negotiate with the defendants myself now would that be ok or not

    Reply
    • Ian Morris

      Yes, you can do so – but it would probably not be the best course of action as you may well be lead in to accepting a settlement that is far below the amount a specialist Solicitor could obtain for you.

      Reply
      • Michael

        I know how much I want and I wouldn’t accept anything less! I would use a solicitor but (and I mean no disrespect to you), I have lost all trust in them.

        I have already sacked one firm and have engaged with another who have not contacted me – apart from telling me the other solicitor’s will not release my papers until I pay their inflated ate insurance premium directly to them which I thought wasn’t due to be paid until I win my case – but I guess its because a partner of the company has a 10% stake in the insurance company?!

        Reply
        • Ian Morris

          The ‘new’ Solicitor you mention cannot do anything for you until and unless the existing Solicitor releases their file of papers to you. Just because your first Solicitor has proven to be poor in their customer service and handling of your claim, you should not give up on the legal services industry as the vast majority of specialist Solicitors offer excellent service and quality representation.

          Given your view of your previously instructed firm, it would be sensible to raise a formal complaint to the legal ombudsman and Solicitors regulators so that your concerns can be investigated independently and with authority.

          Reply
          • Michael

            Thank you I have done just that especially after contacting the ate insurance they say I have nothing to pay them. Because I sacked the solicitor’s.so nothing to pay

          • Ian Morris

            It would appear that you have been dealing with a rogue firm and that you have every right to complain further. Hopefully the independent regulators will be able to come back in your favour in due course.

  4. michael

    I have just sacked my solicitor and taken on a new one but my old solicitor’s will not release my papers until I have paid my ate payment directly to them. I new they would cause me problems. My new solicitors say they can not contact the defendant until they have officially taken over. I want to know if I can contact them or email them just so they know the old solicitor’s no longer have permission to talk to them. I’m worried that they mite accepted a offer I turned down 3 weeks ago.

    Reply
    • Ian Morris

      Your previous Solicitor has no legal basis to accept any offer of settlement without your express instruction to do so. You can of course make contact with the defendant to advise them that you have cancelled the instructions to your previous Solicitor – but before you do so, you should speak with your new Solicitor to seek their guidance.

      As for the ATE premium, again, check with your new Solicitor as to whether or not you do need to pay that up front to release your file or whether they can give an undertaking to reimburse the premium from any settlement you receive.

      However, the speediest way of getting this matter moving with your newly appointed firm would be to settle the cost of the ATE cover (something that really isn’t needed in the majority of cases) and force them to release your file.

      Reply
      • michael

        That’s ok but I dont have 3.000 pound to settle it and they know this.and my new solicitor has already gave them a undertaking to pay them any outstanding balance at end of the claim also as I understand this payment is not due till the end of the claim.so there really just being funny

        Reply
        • Ian Morris

          They claim the ATE premium is £3,000? That sounds a ridiculous amount, unless the claim is high value? I would certainly want written evidence that they had paid that sum before I would be willing to agree to it.

          Reply
          • Michael

            Yes that covers me for upto 50.000 pound and the claim is for 300.000

          • Ian Morris

            Given that valuation, it is clear that you have suffered some serious injuries with long term consequences. Therefore, you really mustn’t give up on this and your previous Solicitor should work out a viable solution to enable you to pursue your claim.

      • michael

        To be honest I’d rather just give up all together it’s taken 17 months so far the other side admitted liability over a year ago.iv had one upfront payment that my solicitor’s took 2500 pound out of it plus vat on top then charge me 30 pound to send it me.it just seems like the only one to win out of this is the solicitor’s

        Reply
        • Ian Morris

          I’m sorry you have been left feeling this way and it certainly seems that your previous Solicitor is not one to recommend. Solicitors are duty bound to act in the best interests of their client and if you believe that they have not handled your claim correctly and have left you feeling disappointed, you have a right to complain to them and seek a solution. In your case, switching to a new Solicitor seems like a very sensible move and is probably the best course of action.

          The vast majority of claimants have a good experience and the vast majority of Solicitors provide excellent service with good outcomes for their clients. Don’t give up – you obviously have a valid claim and although you are frustrated, it will be worth continuing and reaching final settlement. Good luck!

          Reply
          • Michael

            Yes I broke my elbow In 3 place at work and have had to have two operations

          • Ian Morris

            That is clearly a nasty injury and likely to have long term implications to you.

  5. Abdul

    My previous solicitor is closing my case my hearing date is this month 22 of may

    Reply
    • Ian Morris

      Your Solicitor must have strong reason to doubt that you have a prospect of succeeding with the claim to have closed the claim at this stage, so close to a court hearing.

      Given the lack of time between now and your court hearing, the reality is that a new Solicitor is unlikely to be able to offer to take this further for you on No Win No Fee terms.

      Reply
  6. Natalie

    Irwin Mitchell have decided not to take my case against my local council any further and have closed the case. The council, obviously, would’ve used the section 58 defence to avoid liability and paying out on a claim. I told IM of one occasion when the council admitted liability for someones fall due to poorly maintained pavement and paid out compensation before having to go to court, making the section 58 defence somewhat less credible. Would you consider taking my case on please? I suffered a broken wrist in Jan 2018 and have only recently discovered my knee has developed osteoporosis since my fall. IM have said all files & photos etc will be made available without hesitation.

    Reply
    • Ian Morris

      Although Irwin Mitchell have closed your claim due to the initial defence raised by whichever local authority the claim has been brought against, we are happy to ask our Solicitors to review this matter with a view to pursuing the claim further, should they feel it viable to do so.

      A section-58 defence is a commonly raised defence in tripping accident compensation claims and can often see a claimant forced to concede that they cannot succeed with their claim. Local authorities rely on both inspections of their property by their highways agents and reports from members of the public to locate and repair any potentially dangerous areas and remove tripping hazards. The courts have effectively stated that so long as the local authority can demonstrate that they have an appropriate inspection regime in place and that inspections are carried out in a timely manner and if no reports of hazards have been made by the public, the local authority will not be liable.

      In your case, our Solicitors would need to establish that either the inspection carried out by the authority was inadequate (i.e, they missed the hazard that was obviously present for a considerable time), or a report had been made by the public regarding the incident BEFORE you fell.

      Do you have any photographs of the accident site – ideally showing the tripping hazard that led to your sustaining a broken wrist with measurements? If so, are you able to provide the same to us?

      Reply
  7. Michael

    I have a solicitor dealing with my case after a accident at work.iv now found out i have got copd why working at the same place.and now they are asking me for information about that as they say its relevant to the accident at work case.but I have someone dealing with the copd case.do I have to give them information about this as the copd case has nothing to do with the accident at work apart from it’s the same company

    Reply
    • Ian Morris

      A Solicitor may wish to form an understanding of a completely separate matter to the one that they are pursuing if there is any relevance or possibility that the two separate matters may have some cross over. In this case, much will depend on what information the Solicitor is asking for regarding the other legal action.

      Reply
      • michael

        They want me to sign over the paperwork the other solicitor’s have done

        Reply
        • Ian Morris

          To release a file from one Solicitor to a new one, a claimant must sign an authority/form of release to enable the new Solicitor to legally obtain the file and take over the running of the claim.

          Reply
  8. Rosemary

    Is there a solicitor no win no fee to take on a trip injury liability claim when a barrister has given the claim a less than 51% chance of success ?

    Reply
    • Ian Morris

      If a Barrister has given a view that you have less than 51% chance of success with a claim, the reality is that no Solicitor would be willing to take your claim further on No Win No Fee terms. Barristers are highly qualified legal specialists and they are usually asked to give an opinion on the strength or otherwise of a claim before it is pursued further. If a Barrister has stated that they do not believe that the claim will succeed, a Solicitor would not want to take it further as they would be unlikely to recover any costs for their work and would only expose themselves to higher costs for the defendants fees in defending the claim.

      Reply
  9. Larry

    Hi,
    My wife’s father has just received a letter from his solicitor saying they have closed their file and no longer representing him without giving a reason.
    He had an accident in a large store due to no fault of his own, we have photos of before and after accident. He broke his finger, had a sling on arm and still has difficulties with his hand, how do we go about contacting another solicitor.

    The accident happened last May.

    Reply
    • Ian Morris

      We would be happy to ask our specialist Solicitors to give further consideration to this matter and a 2nd opinion as to whether or not it is possible to pursue the claim further. Please email the correspondence you have along with photographs, contact details and a description of the incident and injuries and we will look in to this further for you.

      You can make contact with us by emailing our team at: justice@direct2compensation.co.uk

      Reply
  10. noor

    Hi Ian. My family were involved in an RTA on a motorway at 70mph. My older brother was driving. My mum had the most severe injuries in which she lost a part of the bone of her dominant arm during the collision. She had to have an operation where a part of her leg bone was grafted and moved to her arm. She became septic and needed a blood transfusion. She was in hospital for over a month, not to mention the ongoing disfigurement and psychological trauma 3.5 years down the line the other party has now made an offer initially of 75000 which was declined. This was initially made as a net offer and increased to 100k. This was then withdrawn with the soliciotr informing us the other party was not aware this was a figure net of disability benefit repayment to the DWP. The latest offer is 120000 gross from which DWP are to be repaid and the solicitor will be deducting in the region of 25000 including success fee and non recoverable fees. They have given us a deadline to accept the offer by tomorrow even though it was only made last week. Mum is unhappy with the offer but is being pressurised to accept by her solicitor who having sought advice from counsel states that they are not.willing to make another counter offer and if m declines they will no longer represent her and she will be liable for their fees now In the region of 910000. Having looked at some case studies we feel mums offer is significantly undervalued l. The solicitors also relied on family to translate for mum rather than instructing an independent interpretor at the other party’s cost. There were also errors in the expert factual reports which the experts refused to amend stating they believed this to be true such us undermining mums psychological trauma stating she suffered from PTSD having been raised in a warzone which is untrue and that mum would not have been able to work anyway die to a previous hip injury and so no claim to loss of future earnings could be justified which is again untrue as she was recovering and due to start her career as a teaching assistant. Not sure if it’s best to accept the offer and make clear we will be requesting an independent review or decline the solicitors advice to accept the offer and ask for a second opinion?

    Reply
    • Ian Morris

      It is very hard, pretty much impossible to second guess the advice you have been given. Your Solicitors are likely to be providing accurate and correct advice and we wouldn’t want to go against them without knowing the full facts held within the relevant claim file.

      The best course of action would be to request a face to face meeting with the Solicitor (at this time, that would have to be a video meeting) so that you can ask these questions and get their view. If you are not happy with their service, you could formally complain to them and potentially escalate that to the Legal Ombudsman if you were not happy with the outcome of the complaint.

      Reply
  11. Chloe

    Hello, I have a personal injury case for a non serious car accident in December. I received an offer in February of £1250 which I was happy about but was advised to decline that offer. I was then told to attend a medical and They would then decide what they would like to push for. I received that letter today and it says they want £1500-£1300.
    Personally the first offer was acceptable in my opinion but I taken the advise of my solicitor and declined it, if I knew it would only be for a potential further £50 I would of just accepted the original offer. I feel I’ve been advised wrongly. Am I able to switch solicitors? I would rather decline any offers by this point and totally forget it then stay with solicitors who don’t seem to care at all.

    Reply
    • Ian Morris

      Whilst you do have the right to switch your claim to a new Solicitor, you need to carefully consider whether that is in your best interests. Whilst we fully understand your feelings of being poorly represented, there is absolutely no guarantee that a new Solicitor would either be able to take over the case at this late stage (due to the fact that they probably couldn’t really make any money out of doing so given the work done to date), or that they would be able to achieve a substantially higher settlement.

      Perhaps the best course of action would be to accept whatever settlement you can obtain and once you have received it, then make a formal complaint to your Solicitor about their handling of your claim. If your complaint is upheld and it can be shown that your Solicitor has not acted correctly, you may be able to make a 2nd claim against them for professional negligence.

      Reply
  12. Xhoana

    I was in car accident on December 2019 when a lady hit my car on motorway. The lady accepted the fault and my car was write off. My solicitor offered me £3000 to close a claim because of pandemic of coronavirus, and is going to take too long if i refuse, and i said ok. After few days they send me a letter when i was going to take only £1900 because of their fees. Can i refuse this solicitor and work with another solicitor?

    Reply
    • Ian Morris

      You can switch Solicitors, but if you are doing so on the basis that you are not happy with their fee deduction, before you seek to switch you need to check the agreement you signed with them at the outset of your claim. You should only contribute up to 25% of your compensation settlement towards the cost of your claim, so do check the agreement that you signed.

      Reply
  13. Aaisha

    In a collision where both cars were written off, I had whiplash, bruising, back and neck pain and my back is still bad 12 months on so I’m having change career and since accident have been given less work (my job involves manual handling)

    The third party has accepted liability since day 1 but my solicitors are saying that £3500 is their offer and that it is fair however this figure includes two months loss of earnings, mileage reimbursement etc. Everyone else I’ve asked has said this is far too low particularly as it is likely my back will never fully heal, what’s your professional opinion please?

    Reply
    • Ian Morris

      Have you been examined by a specialist expert medical professional and has your Solicitor received a report from them regarding your injuries and your future prognosis? If so, this report should be presented to Counsel in order that an appropriate claim valuation range can be applied to your claim.

      If this has not happened, the offer of £3,500 is without merit as there is simply nothing upon which to base it and it could well be below the appropriate level of compensation for the injuries you have sustained.

      Reply
  14. Michael

    April 5th 2017 I fell through an unprotected opening on a building site and broke both shoulders and hip. Had 4 major operations spent 6 weeks in hospital and needed paid care for 12 months. Both shoulders have nails and hip was eventually replaced.

    I engage no win no fee big name solicitor and with 14 days to go before expiry of three years they have not had any admission of liability from other side other than they ask for information. At no time would they give me an estimate of the value of the claim even though I had sent them full details and all evidence of my losses to date of £105,000 for care and loss of earnings.

    They have agreed to claim and today sent me for to sign, I signed for loss of earnings for £76000 and they have put on claim form value from £50k to £150k.

    This values the injuries as £75k.

    We have had all medical exams and experts agreed injuries along with psychology experts agreeing trauma.

    It does not feel right.

    Reply
    • Ian Morris

      Have your injuries been assessed and noted by a medical expert and a report written and made to your Solicitor? If so, if the contents of the medical report has been agreed by you and is not contested by the defendant, the usual process would be for a Barrister to assess the report and give an opinion on the appropriate injury valuation range for the claim. If the defendant makes an offer that is below that which the Barrister has suggested, you could take the defendant to court for the purposes of having a claim valued independently by a Judge. Of course, the risk of that is that the Judge could disagree with the Barrister and side with the defendant and leave you with a lower settlement than you currently have on the table. Of course, your Solicitor should advise you as to whether or not the value that has been reached by the defendant is one you should accept or reject.

      Reply
  15. Jason

    How can insurers change from admitting liability to not admitting it in an RTA. I was hurt 29/06/18 and been out of work since 24/09/18. They have given me two payments totalling £2,500 so far in interim payments. Now they have just decided to start Pre-Action Protocol and not admitting liability after 18 months from the RTA. How are they able to do this?

    Reply
    • Ian Morris

      This is unusual. Has new evidence come to light that casts doubt on your innocence in this matter? Has there been any allegation made against you for being dishonest in the claims process?

      Reply
      • Jason

        No new evidence or allegations made against me. I am just waiting to see a specialist before we proceed with my case.

        Reply
        • Ian Morris

          If you need further assistance after you have seen your specialist and had further advice regarding your claim, please call us on 01225430285.

          Reply
  16. Andrea

    Hi again,your reply wasnt showing on my phone,until i sent another question..i have now seen your reply so i appologise for the second question asking why you havent answered my question..so please accept my sincerest appologies..there is one question though…how can the other side pursue me through court when i have no legal representation ?? And if my claim is unsuccesful why is hers still going ahead ?? thank you for any forthcoming answers.

    Reply
    • Ian Morris

      Any person can be taken to court – whether or not they have legal representation is irrelevant in that process.

      Why are the defendants looking to take you to court?

      Reply
      • Andrea

        Her solicitor is still pursueing me on her say so..i guess because i had a claim going against her,and she took a claim out against me,but the difference being this accident was absolutely 100% her fault.Whats getting me is if my claim,the stronger claim is dropped,how come her claim is still ongoing ?? I believe in my heart this is an insurance scam as the lady across the road from where she lives has told me she has done this before…so my question is if my claim is unsuccessful and i wasn’t at fault,how can her claim still be ongoing when she us at fault..? I honestly think this womans solicitors won’t drop this case because my solicitor pursuaded me to accept 50/50..i think they think they can win on this basis…and if this is the case,then surely my solicitor has wrongly represented me as i never wanted to go 50/50 in the first place,and i only ever did so on his say so…any help would be extremely helpful..thank you for any forth coming answers.

        Reply
        • Ian Morris

          If you have a genuine concern that the 3rd party is acting fraudulently or attempting to scam you/your insurers, you should inform your Solicitor and your insurers fraud department immediately.

          Reply
  17. Paula

    I was getting legal representation paid for through my union, however 7 month down the line the respondent offered an out of court settlement, I didn’t believe the offer was sufficient and it was only 2 weeks until final hearing, my solicitor stated that he believed it was a fair offer but yet fell short of the offer he originally valued the claim at by several thousands of pounds. I stated from the beginning due to the nature of the claim I wanted justice also. I was pursuing two separate claims one for direct sex discrimination and the other civil case for personal injury through the protection from harassment act. My PI claim wad still ongoing and medical advice was suggested I be reviewed again in 6 month time to give a clearer outcome if any possible return to employment. However after I refused the settlement offer my solicitor then stated if I didn’t agree to it he would write to my union and get my funding stopped. This is exactly what happened, leaving me without a solicitor or barrister only 9 days before my hearing. The solicitor didn’t offer to continue his service with fees to pay if I wished to continue with his representation. I then had to try and find a solicitor who would be available and also try and find a barrister arty such short notice. I then had to pay an upfront costs order because it was such short notice, which was 10K plus VAT. I was then informed by new solicitor that witness statements had not been exchanged and the final bundle had also not been disclosed which it should have been some 10 weeks prior! I was then given another blow by informing me that my previous solicitor had agreed with the respondent to roll both cases into one to save costs! But yet that meant splitting the tribunal into liability and then remedy so it would be a further 4 days hearing at a later date which meant another 8K plus vat, eventually I was back into a corner away such short notice to try and scrape together more money for legal fees which left me having to accept an out of court settlement, luckily it was higher offer than my previous solicitor told me to settle on and even with the legal fees I had to pull out, it was still a higher offer. Im now wondering if the previous solicitor was forcing me to settle because all deadlines had been missed for the documentation as he told ne he had an extremely large case load! I feel let down that my solicitor can write to my union to stop funding because I didn’t want to accept a low settlement figure but union have justified this stating my solicitor stated it was a reasonable offer! And at such a late stage before the hearing. So im now left with a measly settlement offer and because I am still too unfit to return to work im being taken down medical inefficiency route, so I am also going to lose my job through no fault of my own.

    Reply
    • Ian Morris

      In a case where you believe that your Solicitor has NOT acted in your best interests and has been negligent in their professional handling of your claim, you may have grounds to pursue action against them. It is vitally important that you make a formal complaint to the Solicitor that you believe may have been negligent at the earliest opportunity and you should also escalate the complaint to the regulatory authorities and legal ombudsman.

      Reply
  18. Andrea

    Hi,i was involved in rta on 7th of feb 2019,my original solicitor went on long term maternity leave,and another solicitor took over.He “advised” me to accept 50/50 on my ongoing claim after 9 months,as he said he didnt think it would get to court,i was livid at being advised to accept 50/50 as it was not my fault it was the 3rd partys.I reported it to the police and did everything right,even getting a lady across the street from where this accident happened giving me her name and mobile number telling me that the 3rd party had done this before..she seen the way the cars were parked after the accident but didnt actually see the accident occur.Now my solicitor has said he is dropping my case as he doesnt think its strong enough to go to court,but has said the 3rd party is still persuing me to go through court proceedings..i’m fuming over this..this accident was totally the third parties fault and could have all been avoided if she had used her mirrors.Can you help me out please..i dont know what to do now especially saying the 3rd party is still persuing me and it was her fault.I would never accepted 50/50 if i thought this would be the outcome..i think i was given bad advise..plus if my case was so weak it would be prevented from going to court,then surly her claim must be more weaker than mine as she was at fault..can you help me please as i’m lost in all this and scared too..thank you.

    Reply
    • Ian Morris

      The situation you describe is certainly unfortunate and we can appreciate your frustration. There is clearly an issue that is preventing your Solicitor from being able to pursue this matter further, quite what that issue is though is unclear. The witness you mention didn’t see the index incident and is therefore not much help in your claim as although she can attest to some poor driving on the part of the 3rd party in other situations, that has no bearing on this case. Your Solicitor would not have taken the decision to close the claim lightly as by doing so, they are writing off any chance of receiving payment for the work that they have undertaken to this point or recovering the costs of any disbursements on your file.

      What reason is your Solicitor giving for taking the viewpoint that they have taken? Unfortunately, as your Solicitor is closing the case, it gives an indication that your claim is not likely to succeed. If any new Solicitor was to take an interest in the claim, they would first have to obtain the file of papers from your previous Solicitor and review the contents and correspondence between both parties. As a result, as things stand it is most likely that another Solicitor would reach the same conclusion and opt against pursuing the matter for you due to the strong risk of losing and therefore not being able to obtain payment for their work.

      Reply
  19. Danielle harker

    Hi back in 2014 I started a compensation claim for my son against the local council as he tripped over a paving slab that was sticking out the we went to see a doctor in London who stated the wrist break would affect him for the rest of his life which it has been and I went with Thompson’s solicitors and it’s been 6 years now and I’ve heard nothing. I’m shocked at how this is being handled the case is still open the last I heard from them was that the council are not admitting liability.

    Reply
    • Ian Morris

      6 years is certainly at the very longest end of the spectrum for a claim for personal injury compensation and you are certainly within your rights to be questioning why it has taken this long.

      The best course of action at this stage would probably be to make a formal complaint to your Solicitors regarding the amount of time that this process has taken and your views on their handling of the matter. Hopefully, they can resolve the matter for you, but if they don’t resolve the complaint, you could escalate the matter to higher authorities and have them investigated by an independent regulator.

      Reply
  20. James

    Hi
    I was involved in a car accident where I was stationary at a roundabout where a driver went into the back of me injuring me and pushing my car into the on coming traffic where I had to act quickly and turn towards the curb.
    I am currently with slater and Gordon and have nothing but bad business.
    1. They have lost my medical report on 1 occasion 2. Told me that the driver admitted to going into the back of, then saying he hasn’t admitted anything 3. The solicitor medical team are getting my report wrong on numerous occasions and even spelling mistakes are constantly made. 4. I have no contact with them as I have to make an effort to contact them and sometimes they don’t reply.
    Due to my injury I have had to have an operation and my knee still hurts.
    Can I have your opinion on this matter and advice?
    Thank you

    Reply
    • Ian Morris

      Given the catalogue of errors that you mention with the handling of your claim by your current form, you would be well within your rights to consider switching your claim to a new Solicitor. Before you take that step, you should make a formal complaint to your instructed Solicitor firm via their published complaints procedure. This will afford them one final opportunity to review their handling of your claim and make good any errors that they have made.

      Reply
  21. Simon

    Have had a no fault rta in 2016 June and went with slater gordon. They have been bad all the way through and i have not got the action or result i wanted. I should have left them but i had another small accident in oct 2016 then had a work related injury had to have major hand surgery then i lost my mum last friday with her fight with cancer i need help please.

    Reply
    • Ian Morris

      Has your 2016 RTA claim been settled or is it still ongoing? You do have the right to pursue your claim with a different firm, but switching Solicitors during the claims process should only be a last resort. Before you do switch, you should make a formal complaint to your Solicitor and address all of your concerns about their handling of your claim to them. If they cannot resolve your complaint, you can seek to switch Solicitors and may also be able to refer your complaint to the ombudsman and regulatory authorities.

      Reply
  22. David

    I have been involved in a serious car accident. I suffered with mild arthritis in my knees before accident. Within the accident I twisted my knee as the car rolled a number of times. I’ve seen a Consultant Orthopaedic Surgeon via my solicitor. He concluded that the injured knee would all be fixed with no pain within 12 months. That is not the case as I’m still suffering now. My MRI scan and Xrays came back with nothing conclusive. Where do I stand with this?

    Reply
    • Ian Morris

      Do you have a Solicitor acting for you in a claim? If the claim is ongoing and you have not reached settlement you can inform your Solicitor that ou have not recovered in accordance with the medical experts prognosis. A further expert could be instructed to write a new report and this would then be used to consider an appropriate settlement value in your case.

      Reply
  23. Lisa

    Hi
    My 8 year old son was involved in an accident at school which left him with a broken elbow he had to go through a 4 hour operation and had 3 k wires pins inserted and was left with a 6cm scar. He also buckled his wrist due to the fall, this was also on his dominant arm. His school has claimed liability and they have offered him £8500. Apparently this is the best offer we can get and have been advised to accept it, however my husband believes it is way too low, do you have any advise and do you think this is an acceptable price for his injuries?

    Reply
    • Ian Morris

      How has the valuation of £8,500 been reached? Has a medical assessment been made by a specialist medical expert and a report provided outlining the long term impact of the injury? If so, and the value of the claim has been reached on that basis then the value is likely to be the correct one. If you have a Solicitor acting for you, they will ensure that the appropriate value is placed on the claim and if their advise is that £8,500 is at the upper end of the value range, their advice is likely to be correct.

      Reply
  24. darren

    HI
    My mother had a RTA in OCT 18 she has seen an orthopaedic surgeon in march 2019 and the report states a follow up was need again within 4-6 months which would have been the end of sep 19 this never happened I had to chase the solicitors up they said the person dealing with the claim has left and paper work has been lost …. she has now seen the surgeon again this month he is now saying he needs to see her again with 3-6 mths I have letters dated back to nov 2018 saying that the liability adjusters for the defendant have accepted liability .. isn’t it fact that once liability has been admitted the case can proceed to settlement ? it seems to me the solicitors are dragging their heels for a bigger cut ?

    Reply
    • Ian Morris

      Your Solicitor is unlikely to be delaying the claim for their own gain – indeed, the claims system and the way that Solicitors are paid does not really work on the basis that a Solicitor can simply slow the claims process to enable them to earn more fees!

      In the case you describe, your Mothers Solicitor would not wish to settle the claim until a full understanding of the long term impact of the injury is known. Whilst you are right in saying that once admission of liability is obtained, the claim then moves on to valuation. However, as a claimant can only settle the claim once (full and final settlement), it is vitally important that the settlement value is reached on the basis of an understanding as to whether a claimant will recover fully or how long their recovery will take. In this case, that is clearly not yet understood, so the Solicitor would appear to be protecting your Mothers best interests by ensuring that time passes and an understanding of her situation is reached so that when settlement is made, it is an appropriate value.

      Reply
  25. Donna

    Hello, was going through a personal injury claim due to a fall in a hotel bath Dec 2018 due to the taps not being clearly marked and inadequate anti slip. I turned on the taps, not knowing which was hot or cold. It was cold and the shock of the cold threw me back. Resulting in banging my head and neck and several bruises. Suffered with a lump on my neck ever since. Also the duty of care from the staff after was appauling. The solicitor said that they cannot pursue it after a year and has closed the case. But the solicitor didnt take into consideration the main reason for my fall, which was the taps not being clearly marked, even though I mentioned it so many times. Solicitor just said that the bath had a anti slip and there was a information label pointing out there was bath mats in reception. Can I pursue this with another solicitor as I feel the hotel has got away with this and previous solicitor just dragged their feet and never listened to what I actually told them.

    Reply
    • Ian Morris

      Whilst you can seek a new Solicitor to take on the claim that has been closed, our view is that you would be unlikely to succeed with a claim on the basis that the taps are not clearly marked and it is likely that your previous Solicitor felt the same hence them not taking this further.

      Reply
      • Donna

        Hello Ian, thanks for replying. But the point is that the solicitor didnt take the taps into consideration, they focused on the anti slip bath. Which wasnt the main cause. The hotel did admit that the taps were not clearly marked. But the solicitor didnt mention this in the paperwork. Even after I requested this several times. I felt the solicitor didnt really pursue this thoroughly and didnt listen to what I said.

        Reply
        • Ian Morris

          Did you make a formal complaint to the Solicitor practice via their published complaints procedure? If you didn’t you could do so.

          Reply
  26. Marie

    My solicitor charged me in excess of £500 when I wanted my file in order to switch solicitors although I had paid her almost 9g. I have now found out that you are entitled to your own papers for free Can I claim this money back? I regard this as highly unethical and pure greed.

    Reply
    • Ian Morris

      The request for the fee is unethical and should be reported to the regulatory authority for Solicitors.

      Reply
  27. Stella

    Hi Ian,

    This is a very informative and generous blog – thank you for your time.

    As my CFA claim for the dental treatment that fell below the acceptable standard of care draws to an end, I am getting an awful feeling that my solicitor may not be acting in my best interest.
    The dental treatment in question was a failed full mouth restoration (2017), which left me in constant pain and discomfort, eating soft food only for the last two and a half years, on antidepressants for the first time in my life (the expert psychiatrist witness had found that I’m suffering from “moderate to severe depression” as a direct result of the failed treatment), unable to socialise or date; pretty bruised and traumatised in short.
    Recently, the dentist’s insurers offered £21,000 as their full and final offer. The treatment cost me £16,000. My solicitor suggested we make a counteroffer of £40,000, with a view of settling for £30,000-35,000. She’d take the regular cut of 25%.
    The restoration of my mouth, according to the expert dental witness, would now cost in the range of £40,000, but my solicitor is pointing out the “But for” stipulation, meaning that we can only ask for the money I’ve spent, plus loss of amenity (she says that judge would likely award around £15,000 for the two and a half years of loss of enjoyment of life), but not for the money that would cause “betterment”.
    I want to take this to court and argue that the dentist’s negligent treatment did leave me worse off, which the expert witness did agree with at one point, but my solicitor seems keen to dissuade me from doing this, and keeps pointing out the chance that I might get less money awarded by the judge than in the out-of-court settlement.
    I know this is true, but I am starting to suspect that she doesn’t want me to go to court because it is too much of a further investment for her and her company (reputable, btw), without enough guarantee of return. I.e., I may get £10,000, even £20,000 extra, but 25% of that wouldn’t cover the costs the firm incurs in court. I also feel she’s keen to have my case closed as soon as possible, so she can move on to her other cases. Which is fair enough, but I would rather she would first give my case all she had.
    I still think we should go to court, especially as my dentist then went and falsified my records (the second set, the one he had sent to our barrister in preparation for a possible court case), which my solicitor said wouldn’t affect the judge’s decision when it came to the size of award, but I believe it has the potential to point him in the right direction.:) I plan to lodge the complaint to the relevant regulating body after the case has been closed, btw, and hopefully have him struck off.
    One more thing – my solicitor really wants to speak to me on the phone now, sounds exasperated with the questions/ reasonings I email her (only tree so far!) and steers all the communication towards giving her a call. This is also causing me not to trust her.
    Bottom line is – my teeth and quality of life aren’t getting any better, and having sunk all my savings into the negligent treatment, I need some money to enable me to at least take care of the worst affected parts of my mouth. But what do I do? Insist we go to court – which I know will be without her blessing, but I don’t know if the withdrawal of the said blessing would be made for the valid reasons (and I would really prefer to have my lawyer on my side). Or go with my solicitor’s advice, then have her conduct assessed by a specialist firm after the event? It would be difficult to speak to her now, as I feel that she is “done” with me, and would rather I’d be quiet and behaved.
    I don’t mean to put you on the spot, but would appreciate your general thoughts on my situation. Thank you.

    Reply
    • Ian Morris

      Your frustrations are understandable and are fairly common for a claimant in such a circumstance. The reality is that you have an emotional (totally obvious and understandable) involvement in your claim, whereas your Solicitor is acting on the basis of fact and legalities. A Solicitor is obliged to act in the best interests of the client – above the interests of their firm or themselves (although they must consider the implications of any decisions to proceed or withdraw from litigation carefully) and as such, they will not prevent you from going to court if it was felt that taking such a step was justified.

      However, as you are not convinced that your Solicitor is handling this matter properly, you could consider making a formal complaint to the firm in question so that a senior partner can review the claim, the work undertaken and current advice and respond to you as to whether or not they would uphold or deny your complaint. Such a course of action should at least give you peace of mind that you have aired your concerns and allowed the firm to consider them fully and in a transparent manner.

      Reply
      • Stella

        Thanks, Ian. Yes, it is hard to try and stay objective when, clearly, I am not. Perhaps my solicitor is really doing her best, despite my doubts? A formal complaint sounds like a big deal for everyone involved, and yet it also sounds like the only way to get a decent second opinion.

        Reply
        • Ian Morris

          A formal complaint is something that nobody would want to have to go through, but it is an important way of you (as a claimant) ensuring that your best interests are being upheld and it allows the Solicitor to either realise that they are getting it wrong, or explaining to you how they are getting it right!

          As a consumer and service user, you have every right to air your concerns and ensure that your Solicitors are held to account, so don’t be afraid to exercise your rights and complain.

          Reply
          • Stella

            Good morning Ian, and thanks again for your sound advice. After addressing a few major points the dental expert got wrong in his report (i.e., I lost two implants due to this treatment, not one, etc), my solicitor replied that these things “can be easily addressed”. She then goes on to, yet again, warn me about the possible consequences of not settling, but going to court: “If the Court awards you less than the sum offered they will order you to pay Dr ****’s costs as a penalty for not accepting the offer. Your insurer will cover you for these costs so long as I continue to advise that you have a reasonable prospect of success of beating the offer (which I currently do).”

            There have never been even a hint of a mention of a possibility of her NOT continuing to advise me previously. Am I being paranoid, or is this a subtle warning? Also – can she “sack” me? And would she, seeing that I cannot settle my legal bills without the win?
            Much appreciated. Hope you have a lovely day!

          • Ian Morris

            Your Solicitor is unlikely to ‘sack you’, but you do need to refer to the agreement you would have signed to instruct them to act for you. The instruction documents will mention that you should follow the advice of your Solicitor and that if you do, they hold liability for any issues/costs that may arise. If you chose to ignore your Solicitors advice – which you are entitled to do – you then step outside of their ‘protection’ and may face liability for costs.

            In your case, you should ask for a detailed (and in simple terms) break down of the situation and why your Solicitor cannot get the errors corrected to ensure that your claim is appropriately valued.

  28. Joanne Edwards

    Not happy with my solicitor with my compensation claim.

    Reply
    • Ian Morris

      If you are not happy with your Solicitor or the service you are receiving, it is vitally important that you inform your Solicitor practice of your concerns in writing and formally complain.

      A formal complaint allows the Solicitor practice the opportunity to review the work that their Solicitor has undertaken and the chance to put things right and apologise. It also ensures that any issues that are not resolved can be escalated to the ombudsman or regulator if applicable.

      Reply
  29. gary bagnall

    I have been pursuing a negligence claim for my deceased Mother for over 4 years. The Residential Home were charged with my Mothers care during which time she developed several bed sores.
    The Home have done everything in their power to thwart a resolution and my Solicitors have thus far failed to resolve the situation. I feel (and have told them) that everything is left to the very last minute and then it is me left with short deadlines to return information. I have always without fail responded immediately but am now becoming exhausted with the process and considering dropping the claim.

    Can I do this, it is a no win no fee arrangement, the claim is worth a maximum 20k and Solicitors have thus far accrued costs in the order of 125/150k which whilst not proportionate have arisen almost entirely as a result of the third party’s failure to co-operate, thanks in advance of your kind replies in this matter.

    Reply
    • Ian Morris

      Before you withdraw from the claim, you should (if you have not already done so!) make a formal complaint to your Solicitor about the claim and your view that they have often left things to the last minute and not placed sufficient pressure on the defendants to cooperate with the claim. It would not be a bad idea to inform them that you are finding the whole process extremely stressful to the point that you are considering withdrawing from the process.

      Reply
  30. Carol

    I was in a crash this week. I’m not at fault. My insurance company put me in touch with solicitors who I did give details to. I hadn’t heard from them as I couldn’t get into their emails so probably wrongly I have instructed another solicitor. But I have now received a doctors appointment that has been arranged by first solicitor. I have cancelled this and found a phone number for the solicitor to cancel the claim. Am I going to be charged a lot for this. Thanks

    Reply
    • Ian Morris

      If you are cancelling the claim within the first 14 days, you won’t face any issue.

      If you would like to make a claim, but with an independent Solicitor of your own choosing, please do let us know. Our specialist Solicitors could help with this.

      Reply
  31. Jacqui Wones

    I have started a claim for injury at work, but now wish to withdraw my claim. Will I be liable for any costs?

    Reply
    • Ian Morris

      If your claim was started more than 14 days ago, your Solicitor may have the right to charge you for the costs that they would already have incurred. On a No Win No Fee claim, a Solicitor will only receive payment for their work (their time, their costs etc) if they succeed with the claim. If a claimant fails to cooperate and withdraws from a claim, a Solicitor will be left out of pocket. The Conditional Fee Agreement (CFA) that you signed to instruct your Solicitor to act would contain a clause about their right to pursue you for costs.

      Of course, Solicitors would not wish to pursue a client for costs and would work hard to avoid any such issue. The best course of action would be to discuss your concerns and your reasons for wanting to close the claim with your Solicitor.

      Reply
  32. Tisha

    Hello,

    I recently had a car accident and my car was written off ( the car was financed) the 3rd party insurance company have accepted full liability and have issued part of the payment to clear the finance however I was out of pocket as I had to pay the excess of £800 but then had my car returned to me for me to sell on to salvage. This was all instructed by my solicitor! Since then I had been referred for a medical and attended last week before this I had no contact with “my solicitor” who I have now found out is a marketing agent and not in fact a solicitor. I have not had any contact from the “solicitor” for a few months when I finally spoke with him he was extremely rude and belittling me.
    If I decide to cancel my claim with the solicitors firm he works with, what would the process be? Also would what the payment be for this Marketing agent as I was under the impression if I win the claim they will take 25% would there be an additional amount for this marketing agent or is that included in the 25%?

    Adding on from that I have been asked to provide bank statements, 3 months payslips etc to prove that I needed the hire car and that I could not afford to pay £9K for my car repairs (hence why it was written off)

    Thank you

    Reply
    • Ian Morris

      You certainly should not be making a contribution that exceeds 25% of the total of your settlement (unless you have also had to take any ATE cover – in which case you may also have to pay a small fee for that). However, you would need to refer to the agreement you signed at the outset of your claim to confirm things.

      It would appear that you were not fully made aware of the process of making a claim directly via your insurers ‘panel Solicitor’, in which case you could and probably should make a complaint – both to the insurers, the insurance ombudsman and the Solicitors with whom your claim has been placed. Whilst it is most likely the case that the claims management firm that you have been working with are acting correctly, you should have been made aware of the situation and the process at the outset.

      Before you cancel your claim with your Solicitor, you should go through the complaints procedure in order that the issues and queries you have can be properly considered and investigated. If the outcome of the complaint resolves any issues then you would not need to cancel. However, if you remain upset and unwilling to work with the Solicitor, you could switch your claim to a new Solicitor who would most likely be able to resolve any cost demands from your previous Solicitor for you.

      Reply
  33. Maria

    My solicitor has been sending emails to an incorrect email address and not mine they do have the correct one as I have received many earlier correspondence emails. I rang today as I’ve not heard anything for quite some time. My original solicitor has left and at hand over the email was written down wrong. The new solicitor has closed my case! As I didn’t reply when they ‘bombarded’ me with emails? Obviously I’ve not received any emails. He says the case is closed. Can he do this?

    Reply
    • Ian Morris

      A Solicitor can close a claim if a client is unresponsive and doesn’t cooperate. However, given the apparent reason for your lack of contact being the fault of the Solicitors, now you have contacted them, we would anticipate that they would reopen the matter for you.

      Reply
  34. Nichola

    I have a personal injury claim ongoing since october 2018. The company have passed my case from person to person without any prior warning and it takes them a least a month to reply to any emails i send for updates and constantly failed to update me without me constantly asking for this. I still feel they are no closer to a resolution and they do not appear to care about all the time it’s taken and how upset i am about how it’s being handled. What can I do?

    Reply
    • Ian Morris

      Check the website of the Solicitor firm you have instructed and look for their complaints policy. Make a formal complaint to them regarding the case being handled poorly and by numerous employees and see what comes of it. If you are not happy with the outcome of the complaint, you could then escalate the complaint to the legal ombudsman.

      Reply
  35. Mary

    Hi my mum has been asked for 600 pounds to get a scan in a personal injury claim is this common practice?
    Thanks

    Reply
    • Ian Morris

      Far from being normal or common, for a claimant to be asked to pay any costs during the process of claiming compensation is extremely unusual and should be queried! The only reason that a claimant could be asked to pay a fee for a scan or medical report is if the claimant is demanding a 2nd opinion (if a first medical report did not give the claimant the news that they had hoped for). A claimant can only recover the cost of a medical report or medical costs if they succeed and it is unlikely that a defendant would be expected to pay for a 2nd opinion.

      If your Mother has not demanded a 2nd opinion, if her claim is being managed on a No Win No Fee basis, she should query this cost demand fully.

      Reply
  36. Daisy

    I am at present claiming for personal injury. This has been on going for 7months. There is no solicitor helping me. I’m doing this myself. Should I lose my case can I start again maybe with a solicitor the next time. Or do you only get one chance? Daisy

    Reply
    • Ian Morris

      If the defendants deny liability, you can of course look to see if a Solicitor would be able to take the claim forward and push the defendant in to accepting liability. As you would expect, our recommendation is that you should get a qualified specialist Personal Injury Solicitor to represent you at the earliest opportunity. A Solicitor will be able to represent your best interests and ensure that your legal rights are upheld by ensuring that the alleged defendant as to prove that they have not been negligent in causing your injuries. Whilst pursuing the claim yourself would see you retain 100% of any compensation you were to receive if you succeeded, the reality is that you are less likely to succeed and even if you do, you’ll have no way of knowing what a fair and reasonable settlement value is. Of course, if you instructed our specialist Solicitors, you would pay nothing if your claim were to fail, but you would contribute up to 25% of any settlement towards the costs of the claim. Our view is that the 25% fee would be money well spent as you would not have to deal with the stress of the claim and it is likely that a specialist Solicitor would ensure that any agreed settlement was notably higher than a settlement you may reach yourself, without representation.

      Reply
  37. Annette

    Hi I slipped on some steps while on holiday in Cape Verde the cleaner was mopping them ,I broke my wrist,on returning home my holiday insurance put me onto a solicitor to see if I had a case to sue tui for personal injury. I have given all details and paper work to them 2 months ago and still waiting for them to tell me if they will take the case. Is it normal to wait this long thankyou

    Reply
    • Ian Morris

      When you say you have waited 2 months, is that for the Solicitor to advise you as to whether or not they are willing to pursue a claim for you? If so, that is too long. You really should expect a decision from a Solicitor on whether or not to run a claim within a few days – say a week at most. If on the other hand, you have instructed a Solicitor and they have submitted a claim to the defendant, 2 months is not excessive in terms of waiting for their response. Indeed, you would anticipate a further couple of months before they respond to the claim.

      Reply
      • Annette

        Yes it’s 2 month I’ve waited and still waiting for them to let me no if they will persue the claim

        Reply
        • Ian Morris

          That is certainly excessive! You should chase them and demand a decision within 3 working days.

          Reply
  38. Simon

    Hi, had a chat with express solicitor’s about a accident at work. I was sent a booklet with around 12 sets of paper work, terms, conditions. Clients feedback etc. Three or more forms to sign and return back, which I did not. Had a call from them 3 months later saying I entered a verbal contract with them. Is this true? Thanks Simon

    Reply
    • Ian Morris

      Not at all! A Solicitor would require you to have signed and dated their paperwork to allow them to claim to be formally instructed. Whilst you may have spoken with them verbally that does not constitute a contract.

      Reply
  39. Mary Smith

    Hi, I just had an accident last week. A car hit me from behind when I was trying to enter a roundabout. They thought I had gone but I had to brake as another car came round the roundabout.

    The third-party insurance company i.e. the insurance company of lady that hit me from behind offered me a cash incentive to go ahead with the repair and hire vehicle. My vehicle was inspected last week at a referred local Nationwide Accident Repairs centre and I have not yet heard from them to organise a date for repair and consequently a hire car.

    In the meantime, I got a phone call from a company that suggested I use a solicitor that would help me claim for compensation due to discomfort to my back due to the accident. The pain is come and go and I have had painkillers and hot showers. I am feeling better now though. They suggested that I would most likely be entitled to an amount of up to 3000 pounds and that I should get documentation to fill out and sign.

    I got the email on the 15th of November 2019 and signed the secured documents. Today I got a call from Aftercare explaining to me the risks of going through with the solicitors and how they can drag things on and make life complicated for me. She suggested I do this through an independent solicitor and not through the solicitors working on behalf of the insurance company of the person at fault.

    Having said this, I have been getting “thousands” of calls during my working day, which is very annoying as I teach, and I now want to cancel the solicitors services all together as I am feeling better and these phone calls, making me doubt everything and everyone, are just annoying me and I want to cancel within the 14 day cooling off period as suggested by this lady that phoned today as this is just too much grief to my life.

    Finally, because I filled in the secure documents that include:
    – Agreement to the terms of the Conditional Fee Agreement
    – Form of Acceptance
    – Claim Notification Form (CNF)
    – Information About Us and Our Insurance Service
    and they have also arranged for an appointment with the doctors and physiotherapist, will I be liable for their costs with this work??

    I am within my rights of cancelling in the 14 days as set out in the documentation sent to me but now I am unsure and afraid.

    Reply
    • Ian Morris

      You are within your rights to cancel the instructions you have signed with the firm that have seemingly ‘cold called’ you to pursue your claim.

      Whilst we would strongly recommend that you do use a specialist personal injury Solicitor to pursue your claim rather than deal directly with the defendants, you should carefully consider who you choose to instruct. Regulatory restrictions prohibit any company making unsolicited calls or contacting you without you having contacted them to seek assistance and the firm who have contacted you may well be in breach of the regulatory framework. You could report them to the regulator for clarification if you so choose.

      Given what you have said, you may wish to cancel your CFA signing inside the 14-day period and select your own independent specialist Solicitor to act for you. Of course, your claim is something our specialist Solicitors could assist with if you decide you need further help.

      Reply
  40. Kaye

    I have been pursuing a personal injury claim since December 2016 using Lyons Davidson, who was given my details by my insurance company LV. I have found them obstructive, aggressive, unhelpful and unwilling to fight my corner with this claim. It was as a result of a collision with a police car. The investigating sergeant concluded that I was not at fault and it was the responsibility of the police officer driving. Relations have completely broken down due to the unhelpful attitude of the solicitors. Last week I emailed them some further instructions, only for me to receive an email from them saying they’ve closed my case. Are you able to advise me where I stand? I have always protected my no claims and paid extra for legal cover.

    Reply
    • Ian Morris

      The issue you raise with the firm that you were placed with by your Insurers is one that we hear pretty regularly. In many cases, the firms that manage to get the ‘contract’ to be the legal provider for a car insurance provider struggle to cope with the volume of work that comes their way. It is common that cases will be handled by a claims handler rather than a Solicitor as it is simply not possible or cost effective for them to have all cases handled by a Solicitor.

      Given your deep seated displeasure with the way in which the firm have handled your claim, you have a right to make a formal complaint to them. You should check their website for their complaints procedure and submit your claim. If the complaint is not resolved in a manner that is satisfactory to you, you have the right to escalate the complaint to the legal ombudsman service.

      Regarding your claim, you mention it has now been closed. Do you know why? It may be possible to have the file of papers held by your current Solicitor released to a new Solicitor and reviewed with a view to a new Solicitor taking over the running of the claim and succeeding for you.

      Reply
  41. Radka

    Before about 3 years and 3 months ago, I was involved in a road traffic accident, 100% without my fault. I underwent left ankle surgery. I trusted my claim to a solicitor but turned out he is ignoring me. I am dissatisfied with his attitude and work have done so far.
    The medical reports are inaccurate. They barely manage to earn minimal compensation because missing essential information about physical discomfort and many of my psychological problems after the accident. I signed them because I had no idea what they should contain.
    A year and a half ago, I asked my current solicitor for a re-examination of both reports. Unfortunately, he did nothing about it. A month before the 3 years since the accident occurs, he offered me to disclose the reports to the insurers. I disagreed because these reports are of no value. To get me to agree to the reports being disclosed to the insurers, he promised me that to ask insurers to fund a rehabilitation prescripted from the medical specialist and after then will revert the reports for re-examining. Now the Solicitor does not keep his promise and pressures me to accept this mocking amount of compensation. Can you please tell me if I can transfer my claim file to another barrister or solicitor?

    Reply
    • Ian Morris

      You may have grounds for a claim against your Solicitor on a professional negligence basis and you should make enquiries with a specialist law firm able to pursue such matters as soon as possible.

      Our advice at this stage would be to complain formally to your Solicitor (see their complaints policy published on their website) and go through that process.

      With regards to switching your claim, it may be possible but could be too late to do so. This is not something we could help with due to the time that has lapsed between the date of your accident and now, but you may wish to make enquiries with specialist personal injury Solicitors regarding this.

      Reply
  42. Karisse

    My claim has been passed around to numerous solicitors through this law firm “Scott Rees”. Most of the solicitors have been extremely rude and when I have been asking for updates it seems to be an issue like I shouldn’t be asking for anything and I don’t even receive anything anyway.

    Yesterday I had asked my solicitor in an email, if it was possible for me to receive my file so I could look over it to see if all information I had provided when I first made the claim and over the coming month had been included on my file and is all correct.

    As the solicitor who currently deals with my claim was not available I emailed another solicitor who was referred through the automated email (from my current solicitor). As the referred was unavailable I gave up. I later received an email from another solicitor who was referred in the first email,
    “Good Afternoon

    The file is property of ourselves until all costs are paid.

    What are you concerned about not being included?

    Kind Regards”

    I found this extremely rude and out of order (others may see it the same or differently), and the worst thing is my claim is No win no fee, so i will be sending a complaint, and will try to change to a different company.

    I feel this firm have no compassion towards my situation and I suffer with PTSD (from the assault which I am claiming for) and feel it is causing more stress than it should be.

    I just don’t know where I stand as I’ve never had to deal with anything like this before.

    But do you have any advice on what I really should do in this situation?

    Reply
    • Ian Morris

      The response you have received yesterday appears to be an appropriate response in so much as the Solicitor is asking you to let them know what information you want them to confirm that they have in the file. However, it is understandable that you have lost faith in the firm given the repeat problems you appear to have had in liaising with them regarding your claim.

      It would seem that you are doing the right thing in making a formal complaint to them. Check your Solicitors website and read their complaints procedure. Make your complaint and then follow the process. If the complaint fails to have them resolve your concern or issue, you could then seek to switch your claim to a new Solicitor practice.

      Reply
  43. Simon Hill

    I am a member of unite and my union has assigned me a solicitor for my claim of injury at work but these solicitors are negligent, changing solicitors without any notification, they’re rude and I’ve found out the solicitor they have assigned me has never dealt with work related compensation, can I change the firm although my union referred me to them?

    Reply
    • Ian Morris

      You can switch Solicitors but you should only attempt to do so as a last resort. Therefore, before you do switch you should make a formal complaint to your existing Solicitors (check their website for details as to their complaints procedure) and afford them the opportunity to resolve your complaint. Should they fail to do so, you would then be within your rights to switch Solicitors.

      Reply
  44. Paula

    Why has the driver of car that I was a passenger in already had her claim settled, yet 2 months later I still haven’t settled mine?

    All in all it has taken 16 months up to now and it is still not resolved.

    Reply
    • Ian Morris

      No two claims are the same – even in cases where people are injured in the same accident.

      Your claim may be taking longer due to the nature of your injury and recovery and whilst frustrating that a claim can take a long time, it is important that your Solicitors ensure that your claim is properly managed and pursued correctly. Remember, you can only settle your claim once so it is vital that a full understanding of your injuries and losses is reached.

      Reply
  45. Belle

    My solicitor has pulled out of my injury claim. What do I do now. A lot of time has been wasted and is another solicitor going to do the same thing. Please advise.

    Reply
    • Ian Morris

      Your Solicitor must have given a reason for withdrawing from your claim? When a Solicitor is pursuing a personal injury compensation claim on a No Win No Fee basis, they will only receive payment for their work if they achieve a successful outcome to the claim. Therefore, to pull out of or withdraw from a claim means that your Solicitor is not going to be paid for their efforts. As such, it is most likely that the Solicitor has been given advice (likely from a Barrister) that the claim is unlikely to succeed. As such, they have no choice other than to close their file.

      You can ask a new Solicitor to obtain your previous Solicitors file of papers and review the work done and the possibility of taking the matter further. Whilst there is a good chance that any new Solicitor will take the view that the claim cannot proceed, there is a possibility that they will feel that the matter may be something that they can succeed with.

      Reply
  46. Belle

    My solicitor has pulled out of an injury claim because the other party have refused liability of the claim. Where do I go from here. A lot of time has been wasted and will another take the case on. Belle

    Reply
    • Ian Morris

      If liability has been denied by the defendant, your Solicitor must have taken the view that their defence is robust and that they don’t have the required evidence to prove otherwise.

      You can seek a review of the matter with a new Solicitor who will obtain your previous Solicitors file of papers and then consider whether or not they can do anything further for you.

      Reply
  47. DEBBIE

    Do i have to tick the box which authorises the cheque for my personal injury claim to be paid to my solicitors? They say it is so that they can pay the experts and physio ie disbursements, but surely they can ask the other side for two cheques- one for my injury compensation and my own financial losses, and another for their own disbursements and fixed fee?

    How do i know that they wont take some of my money to pay their costs and just say that the compensation agreed was less than it actually was? I ask because my solicitors have paid for 2 expert reports, the second added no value/contradicts the first, so i am thinking the other side will not be happy to pay for both and they may try and get me to pay for this .

    How can i be sure that i get the full amount of injury compensation?

    Reply
    • Ian Morris

      There is no reason for you to distrust the Solicitors and it is standard procedure for client settlements to be paid to the Solicitors and for the monies to go in to their client account. The Solicitors will pay for whatever services they must deduct and then forward the balance to you. Defendant insurers will not issue two payments as you suggest sadly.

      Remember, Solicitors are duty bound to act in your best interests and would face career ending consequences if they were shown to be ‘stealing’ monies due to clients instead of passing on what is rightly due to the claimant.

      Reply
  48. Douglas

    My solicitors have told me they are not willing to work for me anymore! My claim is an RTA case. The 3rd party have admitted full liability and the claim has been running for over a year now. I have had an MRI scan and the report from that indicates that I may have to have spinal surgery.

    I have been fed up with my Solicitors and did fall out with a portal team manager due to their handling of the matter.

    I have been on morphine for over a year, so that doesn’t help matters! I have no solicitor now and don’t no what to do?

    Reply
    • Ian Morris

      If liability has been admitted in full, it is hard to explain why your previous Solicitors would close the claim. You mention falling out with them and perhaps they have taken exception to your language or complaint? That said, it should not prevent you from locating a new Solicitor and we could possibly help with that.

      I would suggest that you should email me a description of your accident including the date, time and location along with information as to what happened and the injuries sustained. If you could also include your current symptoms and the details of the vehicles involved (Registration Numbers) and your previous Solicitors name and reference, we’ll have our Road Traffic Accident Solicitors contact you to discuss the potential of their taking over the running of your claim on a No Win No Fee basis.

      One point to note here is that you clearly seem to be suffering with a serious and long term injury. In that case, the length of time that the claim may take to reach a stage of settlement, could be some time. This is because your Solicitor will want to ensure that a full understanding of your long term recovery or what limits your recovery will have in order to be certain that any settlement is made at an appropriate level of damages. It may be possible to secure an interim payment award to help with some day-to-day living expenses whilst the full understanding is reached, but you should be prepared to see this matter through and follow the advice of any instructed Solicitor to ensure that your claim is settled appropriately and in your best interests.

      Reply
  49. Jane

    I have had a complex claim with a solicitor regarding toxic megacolin I had a bowel issues and brain injury kidney failure and developed sepsis. The current Solicitor only looked into my bowel problems and not the sepsis. I was in A&E for three days and no sepsis test was done and I went into septic shock and was in a coma for four months and in hospital for months to rehabilitate and to learn to walk etc. I have been told that they can’t take the case on regarding the bowel problems but I have asked on a number of occasions to look at the lack of a sepsis test what can I do?

    Reply
    • Ian Morris

      If your injuries/incident took place less than 3 years ago, you are free to discuss a potential claim with any Solicitor. If your Solicitor is unwilling to or unable to pursue a claim for you, it could indicate that they are of the view that the claim is not sufficiently strong to enable a successful outcome. It could also indicate that they do not feel sufficiently expert in such a claim to be able to represent your best interests. However, it is always wise and sensible to seek a 2nd opinion and we can certainly help with that.

      If you would like to take this further with us and see what the Solicitors we work with think about your possible claim, please go to our ‘start a claim’ page and input your details and description of what happened. We’ll then be able to present your enquiry to a qualified personal injury Solicitor who can review the enquiry for you.

      Reply
  50. jayde bush

    HI I had an accident in July 2018 I was stationary allowing emergency services when somebody run in the back of me , I had a back and shoulder injury the medical I went to said my injuries will fully recover in 6 months. I went ahead on the medical to settle the claim . The solicitors never rang me after the initial call to say they would be dealing with my claim. I sent email after email waiting on updates nobody ever got back to me , so I complained and they told me my no win no fee would go down to 15% to compensate it . I had to complain before they would tell me what I was offered . Since then the solicitors have told me to settle on the offer and I’ve rejected it , they come back with nothing else at all for months when I pulled them up on my back still not being recovered in the time scale that was given. They’ve given me an option of either settling on the same amount i’ve rejected £2700 three times or go to court with a new medical ,that the 3rd party insurers don’t have to accept and I have to pay for the costs of the medical myself . Im in a no win situation and all the insurers are pushing me to do is except the offer and I feel this is because of the reduced win fee.

    Reply
    • Ian Morris

      If you have concerns about the way that your instructed law firm have handled your claim, you should make a formal complaint to them immediately. Their complaints procedure should be published on their website. If they are unable to satisfy your complaint, you could then refer your complaint to the Solicitors Regulatory Authority and the Legal Ombudsman Service and allow them to investigate the handling of your claim independently. If they were to uphold your complaint, you could possibly make a separate claim against your Solicitors for professional negligence.

      Reply
  51. John

    I have a complex case with severe nerve injury resulting in the loss of use with a leg now wheel chair bound I have been told that liability has been accepted this was 6 months ago. I have received a interim payment but this has now gone they say they are seeking another, why is it taking so long plz?

    Reply
    • Ian Morris

      In all cases of claims for personal injury compensation it is imperative that the Solicitor handling the claim ensures that the full extent of their claimants injury is understood and that the impact on that individuals way of life and medical needs are fully appreciated. In a case like yours where there is a really serious injury with perhaps a permanent implication, but clearly a massive impact on day to day life, it is even more important that the full extent is properly understood.

      For this reason, in a case like yours it would be unwise to settle the claim at an early stage. Indeed, the most sensible course of action is to ensure that the injury is fully understood and that an appropriately expert Doctor is instructed to assess your injury and your treatment to date and to provide a detailed report to your Solicitor regarding the progosis for your future.

      Reply
  52. Im

    I am not happy with the way my personal injury solicitors handling my case, so I stopped the claim (not formally) but they send me their cost(bill).

    I don’t know what to do in this situation.

    Reply
    • Ian Morris

      If you have signed a Conditional Fee Agreement (CFA) you have a duty to cooperate with your Solicitor and provide them with instructions. If you fail to do that, you could then be liable for their costs.

      However, if your Solicitor has mishandled your claim or you are not happy with their work, you do have the right to switch to a new Solicitor who may given an undertaking to the previous Solicitor regarding costs. In your case, you need to complain to your previous Solicitor formally regarding the reasons for your unhappiness with their work.

      Reply
    • Robert

      Can I get an interim payment from the County Court as I had an accident in October last year the other side admitted full liability, but my solicitor says I cannot get an interim payment and keeps slamming the phone down on us! We have made several complaints and my local MP has also been involved. We don’t know what to do next?

      Reply
      • Ian Morris

        There is no obligation on a defendant to make an interim payment award, but it is an option that can be pursued and requested. In your claim, if your Solicitor is saying it is not possible to get an interim payment, they should be explaining why.

        If you are unhappy with your Solicitors handling of your claim, you should make a formal complaint via their complaints procedure. If they are unable to satisfy or resolve your complaint, you could then refer the matter to the legal ombudsman service so that it can be reviewed independently.

        Reply
    • Joshua

      My solicitor seems to be stalling my claim My injury at work claim is being funded by the union the solicitor just keeps telling me that the insurance company won’t answer any of his correspondences I have requested court proceedings to be issued He is taking so long to do this We are now at a stage where he says he is waiting for the cheque to clear for the court costs fee Liability has been admitted its coming up to the Third year from the accident Please can you help or advise me what to do?

      Reply
      • Ian Morris

        We do often hear from people in your situation,who having instructed a Union funded Solicitor to act for them are struggling with the slowness of their claim and apparent disinterest in the matter.

        Your first point of call should be to make a formal complaint to your Solicitor in order that you can have them investigate their handling of your claim and report back to you. If the complaint does not resolve in a satisfactory outcome for you, you could then seek to switch to a new Solicitor.

        Reply
  53. Gary

    I had accident in Dec hitting pothole and coming off my bike. I had a claim in but the solicitor who I was with advise me not to take it further. But I don’t think my case was put forward in a good way, I never heard from my solicitor. I had bad injuries, broken bone in hand and dislocated shoulder which I’m still receiving treatment from the hospital. Just don’t think my case was put across to the council, don’t think solicitor had any interest in my claim.

    Reply
    • Ian Morris

      It is possible to have your claim reviewed by a different Solicitor who would get you to complete a form of authority to authorise them to obtain the file from your previous Solicitor.

      However, the problem here could be that the defendant already has one version of events and they may not accept a different version.

      If you believe that your previous Solicitor has failed you and not represented your claim properly, you should make a formal complaint to them immediately (view their complaints procedure on their website). If they cannot resolve your complaint, you could then make a complaint to the legal ombudsman service.

      Reply
  54. Andrew

    Hi my wife was in a road traffic accident last July it involved her getting cut out of he car due to a bad back injury. Which once assessed by the hospital it was not as bad as first thought and came out with bad bruises and whiplash. She was contacted by a no win no fee company, which she went to, they was absolutely terrible to be fair – a lack of communication between her and them. She just received a settlement of 2012.15 which to very shocking, we’ve not cashed this in as we don’t agree with this settlement, my wife has emailed back but as throughout this claim they’re always out the office, always get past over to other people, please can you say if this is fair?

    Reply
    • Ian Morris

      Personal Injury compensation settlement values are based on medical evidence and usually on the basis of an experts medical report having interviewed the claimant, reviewed medical records and examined the claimant.

      In this case, we cannot say whether or not the settlement offer is fair, but if you are not happy you should make a formal complaint against the Solicitor in order to force them to explain their actions and the settlement value.

      Reply
  55. Michelle

    Hi I slipped on a wet floor in a nightclub with no hazard sign in sight , I’ve injured my back & have deangulation of my coccyx bone, this happened July 2018 & I’m still in agony having physio/accupunture & still don’t know if I need surgery as yet, my solicitor has informed me the nightclub is not admitting liability as they have an inspection sheet & toilets r inspected, the floors in toilet were thilthy & very wet when I fell but staff said they cleaned them, no way was this toilet inspected, can you advise me if I should seek advice from another solicitor as my solicitor has closed case due to cleaning Rotas in place at Time of fall.

    Reply
    • Ian Morris

      Sadly, it would seem that your Solicitor has been forced to take the decision to close the case on the basis of a robust defence from the nightclub. It would be reasonable to expect another Solicitor to reach the same conclusion.

      Reply
  56. Michelle

    In November 2016 I had a fall on somebody else’s property. Building work was being taken out but no safety barriers put up, resulting in me falling down a hole which wasn’t visible in the dark. I went to hospital and as a result of this fall I dislocated and broke my shoulder and also broke my foot. I tried to make a claim at the time with a solicitors by the name of Michael Rose Baylis. It was a difficult case as the details from the builders was a dead end. This seemed to be due to them not being registered and therefore having no insurance. My solicitor at the time suddenly gave up and sent me an automated email stating he had left the company. I was left in limbo and gave up. It is only recently when somebody suggested trying to claim again with a ‘better’ solicitors. Do you think this is something that is worth pursuing?

    Reply
    • Ian Morris

      Whilst it may be worth taking up the claim again with a specialist personal injury firm, there are a couple of obvious issues against you. Firstly, whilst you have a claim limitation period of 3 years from the date of an accident in which you can pursue a claim for personal injury compensation and although you are within that, almost all Solicitors will require a minimum of 6 months of that limitation period remaining to be able to take the claim on a No Win No Fee basis. In your case, you could well be within 6 months of your 3 year period.

      Secondly and perhaps more importantly, what evidence do you have of the accident site and to support your claim?

      Reply
      • Michelle

        I understand everything you say, that’s why i hadn’t thought to. The evidence I have are doctors and hospital records. Photos of the place of my accident on the night it happened, the morning after and then a couple of days later when the builders were back and had put safety barriers in place.

        Reply
  57. Salvacao Reveredo

    My young daughter met with an accident in December 2018. She had the right of way and another car came in front of her and she crashed into the passenger side of the other car. Both the cars had to be written off. The other party insurance company accepted the liability immediately and paid for the car. Now she has spoken to injury lawyers, filled in their paperwork and they are offering her just £1000 for the injury without even sending her for a medical examination. She suffered from trauma due to this accident and still cries and becomes upset the minute we start talking about the accident. She hasn’t bought a car as yet because she is still going through the trauma and chest pain. At this stage can she decline the offer and choose to go to another solicitor? Please help.

    Reply
    • Ian Morris

      Without knowing the full details of the accident, we cannot advise specifically. However, on the basis of your description of your daughters road traffic accident and the trauma caused to her – both physically and mentally, it would be unwise to accept a settlement of £1,000. You mention that she continues to suffer chest pain and emotional trauma and we are now more than 4 months after the accident. Therefore, one would reasonably expect a settlement of a higher value than that currently offered.

      It is hard to understand why her Solicitor has not instructed a medical expert to assess her injuries – both physical and the emotional upset – and to provide a detailed report as the contents of such a report is likely to lead to her settling her claim for personal injury compensation at a far higher value.

      Your daughter can change Solicitors, but before she does, she should make a formal complaint to her existing Solicitors and give them an opportunity to act on her instructions to seek medical report evidence and a fair settlement for her claim.

      Should she wish to switch Solicitors, she could use the ‘start a claim’ page of our website to make contact with us. We have expert specialist Solicitors who can take over the running of her claim should such action be needed.

      Reply
  58. Sarah

    Hi, I had a rta in March 2017. Got a call from injury lawyers 2 days after to make a claim. I agreed, went for a medical the following month. Didn’t hear anything for a while, so called them and was told they couldn’t retrieve my records from GP. My records were still in my maiden name. So in 2018 went for another medical assessment (over a year later) where I innocently mentioned my injury had caused further pain up my arm, from wrist to my elbow which wasn’t mentioned in previous assessment, now they get back to me saying there’s inconsistencies in my statement about my injuries. The other party want to go to court even though their client has admitted liability at scene and in police statement. Other members in this rta have had their claims settled. My solicitor made me feel like I was in the wrong.
    Can you please give me some advice because I don’t even feel like talking to my solicitor, not like they ever get in touch anyway.
    I have nothing to hide or lie about but the prospect of going to court is quite daunting.
    Thank you.

    Reply
    • Ian Morris

      As long as you have not acted in a fundamentally dishonest way in ANY aspect of your claim, you need not have any concerns whatsoever. Of course, you need to know what discrepancies the 3rd party are highlighting.

      In cases for personal injury compensation, if a claimant has been shown to have acted dishonestly in any aspect of the claim, the entire claim will be failed and the claimant will have to bear the costs of the defendant – EVEN if the claim was managed on a No Win No Fee basis. For example, in a case where liability has been admitted, there is no argument that an accident happened and that it was caused by a defendant. Therefore the claimant should succeed with their claim. However, if the claimant were deemed to have exaggerated or falsified ANY aspect of their injury or exaggerated or falsified ANY aspect of their special damages claim, they will be found to have been fundamentally dishonest and not only lose their right to claim, but also have to pay the costs of the defendant.

      If this is not the case for you, you have nothing to worry about and really do need to speak with your Solicitor to make sure that they understand that you are acting honestly and need their assistance.

      Reply
  59. Asim

    Hi, I had a road traffic accident last week and i just informed my insurer but i had a call yesterday from some solicitors regarding my accident and they had all my details and the third party’s as well. I thought they are dealing on behalfof my insurance and i agreed with them to proceed with my case but no documents have been signed. Can i now withdraw my case without paying any fees?

    Reply
    • Ian Morris

      Yes you can. If you have not signed any No Win No Fee agreement (formally known as Conditional Fee Agreement) you would not have any concerns if withdrawing your claim. Indeed, even if you do sign a conditional fee agreement, there is a standard 14-day cooling off period in which you can change your mind without any penalty.

      You have every right to pursue a claim for compensation if you were injured in a non-fault road traffic accident. However, we would advise of being very wary of acting on the basis of a cold-call from a Law Firm as such work is outside of the regulatory legalities placed upon our industry. You should seek an independent law firm of your own choosing and instruct a specialist road traffic accident Solicitor to work for you on a No Win No Fee basis.

      We would be happy to assist you with this process and invite you to call us on 01225430285 or use the ‘start a claim’ page of our website to make further contact.

      Reply
  60. Theresa Harrison

    Hi
    I would like advice as if it is possible to have a second opinion on my personal injury claim. I have just been told by the people acting on behalf that the defendants have not accepted liability. I feel very upset about this as it has been going on since last July and now to be told this is very upsetting. I understand if you think that I have to just accept this but I feel I haven’t been believed and that angers me.

    Hope you can give me advice please.

    Reply
    • Ian Morris

      Before we can advise, we’d need to know what kind of accident you were injured in and what the defendant has said in their denial? This would help us to be able to let you know if there is any realistic purpose in seeking a further opinion.

      In most cases, if a Solicitor feels unable to pursue a claim due to the defence that has been issued to a claim, it indicates that the Solicitor has no confidence that they would be able to overturn the defence and succeed with a claim. Closing the claim means that your existing Solicitor will receive no fees for the work that they have done on your claim and indicates that the claim is unlikely to win. Sadly, it is also likely that another law firm would share the opinion held by your existing Solicitor.

      Reply
  61. tom

    My claim was going to be dropped due to them not being able to find the details of the person who repeatedly rammed our car for no reason after it going to crown court. I had to find the details for them. I now am going through “mib” process as it was found the maniac ramming up repeatedly had no insurance. They are now trying to get my to claim against my friend saying “This suggests Mr B****r was partially to blame for the accident occurring. The MIB believe it would be best to submit a claim against Mr B*****r to protect your position on limitation. You have 3 years in which to bring a claim (the Limitation period) and this is due to expire in July. If you wish to bring a claim against Mr B****r after July this year, you will be out of time.
    We have previously advised you to submit the claim against Mr B*****r which you did not wish to do. Please confirm if your position remains the same.”

    Mr B****r was not to blame the person who caused the incident is now in jail for this attack.
    Also he crashed in to the back of our car 6/7 times i believe the rules of the road to be “you should stay far enough away from the car in front so that if it has to come to a sudden stop you will be able to accommodate for that safely. ” that’s before taking in to account he was trying to basically ram us off the road for no reason.

    I feel they are just trying to lay the blame on anyone but the person who committed the offence and left me injured.

    Please could you let me know what i could do about this. Could i transfer my claim to another firm? Only thing that is making me question this is that the “accident” happened 3 years ago in July of this year.

    Reply
    • Ian Morris

      The MIB effectively act as a ‘defendant’ in a claim for compensation in accidents involving motor vehicles that cause hit and run accidents or are being driven by uninsured drivers. The scheme that your claim has been pursued via is the uninsured driver scheme. Clearly, for whatever reason, in their investigations, the MIB have taken a view that the liability is not as clear cut as it would appear on the basis of your comment. With that in mind, if the MIB are stating that you should claim against your friends insurance, they must have a valid reason for doing so. You should ask them to clarify whether they mean that they are refusing to accept liability and will not act on your claim.

      The problem you have is that another firm may have issues with getting involved in your claim given the stance that the MIB have taken – unless you wish to claim against your friends insurance (although there is no guarantee that your friends insurance will settle a claim in your favour). Further, the proximity of your claim limitation period is a problem for may firms as it becomes extremely costly and problematic to insure your claim against defeat (and defendant costs) should you lose the claim. One final point, if your friend has already had to claim on their own insurance for the damage to their vehicle (if they are fully comprehensively insured) as there was no 3rd party insurer to claim from, you would not cause any further loss or new claim to your friend by claiming against their insurance.

      Reply
    • tom

      So if I was to claim against my friends insurance and they didn’t accept liability (which they wont as the other driver intentionally rammed us multiple times in to the back of my friends car) the claim would just be dropped by all then or would they try to go down alternate avenues to try and get me a settlement?

      Reply
  62. Jan

    I began a case to defend a nuisance claim made by a neighbour. My first solicitor and I parted company but I now want to use legal expenses cover on my insurance . Can I do that?

    Reply
    • Ian Morris

      We are not experts on legal expenses insurance and what you can expect your cover to fund for you. However, effectively LEI is there for use when legal fees are to be incurred and as such, there is every possibility that you would be able to use your cover to fund your legal costs.

      Reply
  63. Sharon

    I was represented by a firm of solicitors I did not ask for ( due to my 1st choice solicitors closing practices) over 2 yrs liability was admitted straight away from third party insurance but my solicitors failed to keep in touch with me, they lied to me on so many times. I complained to their managers but nothing changed they completely mishandled my claim so I had to change solicitors, now I’m having to pay 50% of my award which is now being negotiated can this be legal?

    Reply
    • Ian Morris

      The situation in which you find yourself should immediately be referred to the Solicitors Regulatory Authority (SRA) and Legal Ombudsman Service (LOS). Both of these bodies have powers to investigate the handling of your situation and can, if appropriate take action against any parties found to have acted negligently.

      Reply
  64. Ashley

    My current solicitor is asking me to pay for a medical examination, by a surgeon, I was expecting no fees whatsoever.

    Reply
    • Ian Morris

      If you are being represented on a conditional fee agreement (no win no fee) basis, you should not be paying for the medical assessment.

      Reply
  65. Bibi

    Hi good morning

    Can I have 2 different solicitor for different claims at the same time for workplace compensation?

    If so how many can be assigned at the same time?

    I have a race discrimination complaint and accident at work injuries.

    Experiencing a lot of intimidation for taking time off accessing doctor’s help and medications.

    I am now suffering anxiety and depression and have a great fear of my work environment.

    I’m wondering if my employers failed in their duty of care, would be included in accident and injury claim?

    Not sure if one solicitor can accommodate all of my complaints above.

    Reply
    • Ian Morris

      It would appear that you require 2 different Solicitors as both matters are separate and need different areas of expertise.

      Reply
      • Bibi

        Hi good evening

        Much thanks for enlightening me. I have a solicitor near by and start the claims processing on grounds of discrimination side. Would I take it the other will be an injury claim?

        Much thanks.

        Reply
        • Bibi

          Is it possible for you take on my case or recommend a solicitor for workplace injuries regarding my accident at work?

          Reply
  66. graham

    I have a solicitor at the moment working on a no win no fee claim for personal injury compensation. I had an accident in 2017 on the 10th November at 2pm. I slipped and fell and suffered a neck & back injury and had a chemical on the back of my hand from an unknown substance. I am having ongoing health problems. My Solicitor hasn’t been too helpful with my case and he recently told me they may not continue with my claim. Would you be interested in taking the case on?

    Reply
    • Ian Morris

      Whether or not another Solicitor will be able to take over the running of your claim will largely depend on the reason that your previous Solicitor has closed their file. If the defendants have produced a strong defence and your Solicitor has been given expert Counsel opinion that advises that the claim is unlikely to succeed, i’m afraid any other Solicitor will be likely to elect to not pursue the claim.

      Reply
  67. Mr D Williams

    My 74 year old father was approached by a company to pursue a hearing loss claim. He signed with them forgetting that he’d already signed previously with another solicitor months before (he got confused and thought the first one wasn’t handling it anymore) the second firm has now discovered this and wants him to pay £5000 for their fees etc over the year or so they say they were pursuing his claim. My fathers memory is not so good these days and he’s being tested for dementia. Does he have to pay this amount to the second solicitors? He really had no idea what he was doing and I’m annoyed as they called him and he’s elderly and that it took so long for the second firm to discover the first was already involved.

    Reply
    • Ian Morris

      Have you spoken with both firms about the situation? Most Solicitors are reasonable and would understand if you explained that your Father possibly has dementia and issues with memory. The best course of action would be to cancel the instruction to the newer firm and allow the previous firm to continue to represent his claim.

      Reply
  68. Wasim ali

    I have instructed a Solicitor to make a claim for whiplash compensation after my car accident. This was done through a claims management company. At no point did anyone tell me by phone or in writing that there would be a 25% deduction from the claim value when the claim was sorted!

    My question is whether I am able to change solicitor due to this?

    Reply
    • Ian Morris

      You could seek to switch Solicitors, but you would be faced with signing a No Win No Fee agreement that would clearly stipulate that you would have to make a contribution of 25% from your award (if you win) towards the costs of the claim – of course, you’d pay nothing whatsoever if you lost the claim.

      Unfortunately, when the UK government changed the laws regarding Personal Injury compensation rights as part of the LASPO Act 2012, Claims Management Companies and Personal Injury Solicitors were no longer able to recover 100% of the legal costs for their client from the defendant for any claim made AFTER 1st April 2013. Insurers argued that it was not fair for a claimant to charge all their costs to the losing insurers and the Government agreed. Along with this, the Government also introduced regulations that vastly reduced what fees a winning Solicitor could bill to a losing insurer. Therefore, it was agreed that successful personal injury clients would have to pay up to 25% of any compensation settlement that they received towards the costs of the claim.

      In your case, you mention that you do not recall being advised of this requirement. You should immediately raise this issue with the Claims Management Company and Solicitors that you are working with. It could be that they are forced to waive this fee if you can prove that you were not advised of this requirement.

      Reply
  69. lee

    I was in a car accident 18 mth ago, my solicitor, said I would get £2.800-£3.500 for the injury sustained to my fingers but would apply for £4000, I got a letter back today, saying to her, shock and surprise I’ve been awarded £5000. I found this kind of odd, the letter went on to say, that the money could take up to 4 weeks to arrive, but they would apply for their fee before I got mine, and if there was a dispute after 4 weeks, they would take it further. How can there be a dispute if they’ve just offered a settlement? Why do they get paid before me, and what insurer doesn’t make a counteroffer and then pays you a £1000 more than you’ve asked for? I wonder if you could throw any light on the matter.

    Reply
    • Ian Morris

      The questions you ask here are valid and should be addressed to your existing Solicitor.

      The fact that you have received a higher than expected settlement is to be seen as a good outcome and we would imagine that your Solicitor had provided you with a guideline claim valuation based upon previous case law and opinion.

      In the majority of personal injury compensation claim scenarios, the client legal fees (which are payable by the defendant – save for a 25% deduction) are paid prior to a client receiving settlement.

      Reply
  70. Marlena Andrzejkowicz

    hi
    My claim about road accident is handle by Minster Law. I’m writing to you as I had accident in June 2016, since then contact with Minster Law was very poor, 3 different people handled my case. When people change I get some update like below, more to check if I can confirm it, but after that they are not answering phones or replying for my emails. It’s over 2 years, I did sent few complains but there is still no improvement.
    – Bruising/fracture to the nose which took 3-4 weeks for the pain to settle
    – Bruising/fracture to the left side of your ribs which resulted in you suffering with pain and stiffness which took 2 years to resolve
    – Chest pain which took 2 months for the pain to settle
    – Neck pain which took 2 years for the pain to settle
    – Laceration to the left knee which has left a 2 cm scar
    – Acceleration of previously asymptomatic degenerative changes to the left knee for 5 years
    – Flashbacks which resolved within 6 months
    Lately they sent a letter saying that they will try to get between £12000 and £15000, is it accurate? another question is are you able to take over my case as I don’t believe anymore that they will get anything.

    Reply
    • Ian Morris

      The assigned valuation of the injury made in your current Solicitors recent letter would appear to be appropriate.

      Whilst the law would allow you to switch Solicitors, the reality is that it is very difficult to switch a No Win No Fee claim from one Solicitor to another. The reason for this is that any new Solicitor would have to undertake to provide the previous Solicitor with the costs for their work – should the new Solicitor go on to win the claim. To that end, it is often not cost-effective for a new Solicitor to take over the running of a claim.

      However, you can switch as a last resort if you lose all faith in your current Solicitor. With that in mind, you should make a formal complaint to your existing Solicitor regarding their handling of the claim and make it clear to them that you are unhappy and want them to investigate their handling of your claim.

      Reply
  71. eulita sheila

    I need help my solicitor is about to close my claim of Medical negligence But I raised issues about my Medical expert report. He 100% support the report himself. Please help me.

    Reply
    • Ian Morris

      Medical Negligence compensation claims require specialist expert representation. As such, we do not handle medical negligence claims and suggest that you seek the advice of a specialist firm.

      Reply
  72. Tom

    What happens if I’m trying to change solicitors because I’ve lost faith in my current one and there are refusing to release the files until they are paid there outstanding fees are there ways around this?
    I’m worried my case will be on hold for a very long time if I choose to change.

    Reply
    • Ian Morris

      Changing Solicitors in a personal injury compensation claim is possible, but it is never easy and certainly is not always the best solution. However, in some cases it can be the only option if all other attempts to resolve the situation with the current Solicitor have failed.

      In No Win No Fee compensation claims, a Solicitor will be reluctant to take on a claim from a previous firm of Solicitors as the work that they will then do to succeed may not provide a very good cost return. In No Win No Fee compensation claims, a Solicitor who has acted in a claim will be entitled to some of the costs should a new Solicitor then go on to succeed with the claim. In this case, the new Solicitor can provide an undertaking to the old Solicitor to meet their lien costs.

      Reply
      • Tom

        The liability has been admitted and everything’s on par that way its just my injury’s are a lot worse than previous solicitors think and communication is none excistant with previous solicitors when I’ve tryed to talk to them I get fobbed off obviously my current loss of earnings being at nearly 20k by the end of the month is a big worry to me but seems nothing to them thank you for the reply

        Reply
  73. Debbie

    I have asked a solicitor if I can become some ones litigation friend has I know he does no longer seem to have the mental capicity to carry on the solicitor agreed but still insist he agrees to the doctors report. Which he does not agree with and she would like to ignore the fact he is incapable to bring the claim to an end can u advice me what to do

    Reply
    • Ian Morris

      To become a litigation friend – or to take over the control of someone elses legal claim would require an official authority – such as a power or attorney. Do you have that in place?

      Reply
  74. Gail

    Hi I fell In a nightclub and dislocated my arm. Afterwards at hospital I got told that I fractured it. This was in May 2018.

    I went to a solicitor who took my case on a no win no fee basis. The Solicitor advised me that they had asked a Barrister for an opinion on my claim, but that the opinion stated that there was only 50% chance of success with the claim. To that end, the Solicitor said that there would be no point going through with the claim.

    The times on the paperwork are all wrong. The witness were not mentioned and the times they said on statements were wrong as I was actually on my way to hospital and in hospital! It isn’t possible that I could be in two places at the same time but none of this was said. Is there anything else I can do?

    Reply
    • Ian Morris

      Can you provide evidence to show that the witnesses timings were wrong?

      Reply
  75. pauline

    I was a passenger in my husbands car in June 2017 when we were hit from behind by a lorry on the M25. We were spun around and facing oncoming traffic, we then hit a concrete wall before stopping. I hit my head on the door and had a huge lump on the front of my head, 2 black eyes and neck and shoulder pain, I was taken to queens hospital in Essex where i had a ct scan, my husband decided to not go to hospital as he was worried about how to get car off motorway, when i arrived at the hospital i had a ct scan and had concussion and was very shocked.
    Then my son contacted a solicitor because we had been involved in an accident a year previously, however this was almost 2 years ago and the other party has admitted liability and my husband accepted a payout of £1900, however the solicitor does not keep us up to date and i have had no treatment for my neck i was sent to see a consultant but received no treatment. I’m very concerned that my solicitor is going to accept a payment on my behalf and just send me a cheque as he did my husband. If it had been a minor accident i wouldn’t be bothering but it was a serious accident where we could have been killed and the physiological affect is huge and the fact that i have had no physiotherapy and still in pain, i don’t feel this is right, i don’t know if its too late to change but i’m not happy if this is how people are treated after such a serious accident, i would very appreciate your view on this.

    Reply
    • Ian Morris

      There is no way that your Solicitor should be accepting or declining any offers without having discussed such outcomes with you first. Given the description of your Solicitor, it could well be a sensible move to switch to a specialist independent Personal Injury Solicitor. Further, if your injuries or psychological trauma is ongoing, it is vital that these matters are discussed with your GP and added to your medical records and that the damage caused to you in this regard is properly accounted for during your claim for personal injury compensation.

      In cases such as yours, we would ensure that the full extent of your injuries (both physical and psychological) are taken in to account in order that should you win your claim, you would receive a settlement that appropriately compensates you for the distress, trauma and upset caused to you.

      Reply
  76. Danielle

    I am currently going through a claim regarding an accident I had in 2016, I was in a taxi at the time and the taxi company referred me to make my claim through their solicitors. However I feel as if he has not been helpful with my case and is extremely difficult to get hold of. The other side are denying liability despite it being very obvious what happened. I would really like to change my solicitors but wanted to speak to someone about what has happened to get some advice. Is it possible for a solicitor to contact me by email as I work long hours and it is extremely complex to go through on the phone.

    Reply
    • Ian Morris

      It is possible to switch Solicitors if you have lost faith in the firm representing you so far and our Solicitors do have the ability to take over the running of a claim from a previous Solicitor.

      We have made a request for a specialist Solicitor partner of ours to review and respond to your email.

      Our reference for this is: 07121802

      Thank you

      Reply
  77. Karen

    I tripped in a pot hole on a cycle path on land owned by the Land Trust on 14/06/2017 I was not aware how serious my injury would become until after seeing an Orthapedic Consultant and investigations which proved I needed a full dominant right hand wrist fusion. I therefore did not seek legal advice until November 2017.
    The Solicitor felt that there could potentially be 3 defendants, The Land Trust, The Forestry Commission and Salford City Council.
    The Land Trust and Forestry Commission deny responsibility as they state the Land is a PROW. Salford CC say it is not a PROW.
    My Solicitor initially thought I had a good case and was talking about conferring with Barristers as he thought Salford CC may have constructed the cycle path as it forms part of the larger Linnyshaw Loop Line which they publicise on their website..
    We are still waiting for this information but he now states that case law is against us and is talking about me paying for a medical report in an attempt to prompt Salford CC to make an offer. I am on disability benefit now and am unable to complete many daily tasks I have had to reduce my hours from full time to 3 days as I work for the Community Mental Health team and find driving difficult.
    Could you advise me if it reasonable to have given up on the claim?

    Reply
    • Ian Morris

      We would have no reason to question the specialist advice and opinion that your Solicitor has provided. With regards to the case, the Solicitor will have sought advice (as you state) from Counsel with regards to the prospects of proceeding successfully and they would not drop the case if it were felt that the prospects of success outweighed the prospects of failure.

      If the Solicitor is advising that you seek a medical report, it may well be wise to follow that advice and pursue the CC for an offer of settlement.

      Reply
  78. Sian

    I was involved in a road traffic accident in France May 2017. The solicitor appointed by my insurers put in a claim for injuries and financial losses in August of this year (2018).
    I was informed by the solicitor that any offer made would be the best and final offer.
    As the third party have not responded I was informed on 29th October that court proceedings are to be instigated.

    1) How long should I be expected to wait before the solicitor submits the paperwork to court?

    2) Should I know the value of the claim?

    I have had many issues with the solicitor including failure to return phone calls and emails and have made 2 complaints to my insures who have had to step in to move things forward.

    Reply
    • Ian Morris

      If the Solicitor has stated on 29th October that court proceedings would be instigated, they will have commenced that process and applied for a hearing/listing at the relevant court. The date of such a hearing should normally be known within a short space of time (within a month or so), although the actual hearing date may be a while away – depending on the already scheduled business of the court.

      When it comes to the value of your claim, if you have undergone a medical assessment and a report has been written for your Solicitor, the Solicitor should have been able to present that report to Counsel for expert opinion and that opinion would provide a compensation settlement range that would be appropriate for the injuries being claimed for. Have you had such an assessment and has such a report been written?

      Reply
  79. Fernando

    I had a injury 3 years ago, I approached a solicitor and he agree to take my claim. I had written confirmation and I provided almost everything I can to support my claim. During the 3 years the communication with solicitors wasn’t great I always have to call him to find out about the claim. Although he knows my injury was bad he didn’t requested me to see the doctor all he asked was for my hospital letters of appointments and medication. I trusted he was doing a good job and let continue. At the end of three years he started claiming I didn’t collaborate by providing with my revenue paper, up to that point he didn’t send me to see a doctor so they can give him the report. At the end of 3 years period he send me to see the doctor which I missed the appointment for that reason he closed my claim, and he told me to find another solicitor to represent me. However he submitted my claim to court but I don’t have representative. Please can you advise me what to do in this circumstance.
    Looking forward to your response.

    Reply
    • Ian Morris

      If the claim has been submitted to the courts, you may still be able to pursue your claim. I would suggest that you contact us so that we can immediately pass you to a specialist Solicitor to discuss this situation with you.

      Reply
  80. Jose

    Last year i had an injury at work (twisted my ankle quite badly and was off work for a month!) After a year my ankle still isnt the best! I felt ignored and abandoned by my bosses and that is the reason why i made a claim for loss of earnings! I was a food delivery driver then and i was delivering to a restaurant in the Bullring Birmingham and there is where i injured myself. I steped down a wall in the delivery bay in the Bullring shopping and it was a bit dark and was a square piece of wood on the floor and i stepped on top of at and twisted my ankle! I made a claim using Irwin and Mitchell and today i received a letter from them saying that they wont be taking my claim any further as my GP made an error in my notes! I said to my GP that ‘i had step down a wall about 1.5m high and stepped on a square piece of wood’ but she wrote on her notes that ‘i had jumped down a wall about 1.5m high!’ and for that reason Irwin and Mitchell are saying more or less that i dont have a chance! My GP made an error on my notes and looks like i am the bad one here! I am gutted and dont know where to go or to do in this situation! Any advice?
    Many thanks.

    Reply
    • Ian Morris

      It is hard to see what you can do in this matter. You could discuss things with your GP and see if they can amend the notes, but that is unlikely to change anything at this stage.

      Reply
      • Jose

        Dear Ian
        Thanks for your reply, as you know from my previous message i am just gutted! I lost 1 month wages and i thought i would be getting some of it and now looks like i am not! The GP i did seen last year wasnt my normal GP it was a GP on service that was seeing patients that day! I never seen that GP before! I will contact my normal GP if still works there and see what happens and take things from there. Thanks for your help.
        Best wishes
        José

        Reply
  81. anna

    Can a solicitor decide the value of a negligence claim if the outcome of the injury was never investigated or questioned after 4 years, but are valuing it on “long term prognosis is not clear”? My son was 15 at time of injury, so claim is still open, but issues with solicitor.

    Reply
    • Ian Morris

      The appropriate value for a claim for personal injury compensation will be reached on the basis of agreed medical evidence (a medical report from a relevant expert with a detailed prognosis) that will be supplied to an expert Personal Injury Barrister to consider. The Barrister will consider the evidence and then provide a value range to the acting Solicitor which is based on case law and precedent.

      Reply
  82. Debbie

    I instructed a solicitor after I fell and broke my arm in a restaurant. They put a claim in and the initial response the restaurant hasn’t admitted liability due to staff statements. I have proof and witnesses that the statements are incorrect and my solicitor doesn’t want to respond to them? Is this normal?

    Reply
    • Ian Morris

      Do you mean that your Solicitor doesn’t wish to pursue the case further? If the Solicitor simply doesn’t wish to respond to the defendants comments on their statements, then you should ask why and obtain their ‘advice’ in writing. If the Solicitor is still pursuing the claim, we would recommend following their advice.

      Reply
  83. JACK

    Solicitors are pursuing a personal injury claim for me. The amount they intend to claim seems rather low to me. This amount was advised to me in an eMail today. I will not have the opportunity to discuss this until the return of my solicitor from leave on 3.October. Is there any way I can get a sit down meeting with another firm of solicitors for a second opinion before giving my current solicitors the go ahead?

    Reply
    • Ian Morris

      It will be very difficult for another firm to give you a view on the claim value as they will not have access to the expert medical report that your Solicitor should be basing the valuation of your claim upon.

      In your case, I assume that you have undergone a medical assessment with an expert. This expert will have then written a report for your Solicitor detailing the injuries sustained, the current situation and a prognosis for full recovery or statement as to any limited recovery. Your Solicitor will then have taken this report to a Barrister to obtain an expert view as to the appropriate level of damages to be pursued.

      Therefore, you need to speak to your Solicitor to find out why they have applied a valuation that you feel is low.

      Reply
  84. Stacia Murray

    Hello, I’m wondering if you can help.

    I was involved in a car accident and fortunately had legal cover on my car insurance. About 6 weeks after, I underwent a medical examination organised by the law firm chosen for me. In the weeks following, I have developed some quite severe symptoms of depression and anxiety which my GP believes to be PTSD. I have recently been referred for therapy. I contacted my solicitor and explained that there had been quite a significant change in the psychological symptoms I am presenting with, and that the medical report due to be disclosed to the third party does not reflect this. I was told that I would need to wait until the predicted prognosis period for the injuries that were reported on at the time has passed until anything can be done about my new symptoms.

    My solicitor had sent me a Form of Auhority to sign in order to disclose the report to the third party. However, I no longer feel that the medical report reflects what I am experiencing. I am wondering if it’s worth requesting a change in legal representation with my insurance company so that I am able to disclose a more accurate medical report to the third party?

    The wording in the Form of Authority concerns me as it states that:

    “If we send the report to the other side, then we will be seeking to finalise your case on the basis that you will recover in accordance with the prognosis in the report. Your claim will be valued on that basis even if you do not recover as expected.” I have been told that there is an opportunity to be ‘re-examined’ at the end of the prognosis period, however I am reluctant to sign a document in retrospect that I no longer agree with.

    Any advice would be greatly appreciated.

    Thank you

    Reply
    • Ian Morris

      You can seek to switch Solicitors in this matter, but that should be something you do only when you have lost all faith with the existing Solicitor. To this end, we would advise that you put in writing your concerns regarding your medical condition and what information is being disclosed to the defendants regarding your symptoms and seek a written response regarding the same.

      You are right to be cautious, as you can only settle this matter once and therefore, it is important to ensure that the full extent of any relevant medical condition changes are included in any claim related submissions to the defendants. Therefore, if your Solicitor is unable to give you the peace of mind and confidence you need to proceed, you can then seek to switch Solicitors and at that point perhaps you could contact us again?

      Reply
  85. Steve Hackney

    I was involved in a Road Traffic collision and had injuries. I am pursuing a claim with a personal injury solicitor. I have had a medical examination with a doctor provided by my solicitor. I disagree with the contents of his report and have informed my solicitor of my intention to pay for an independent medical examination paid for by me. My solicitor said this is not possible and i would need to instruct a new company as it is likely the two reports will conflict with each other. Im not sure why before she has even been examined by an IME why he would be so sure there would be a conflict. The area of depute with the solicitors examiner is that he says her injuries should have cleared within 6 months which they havent and an MRI scan has revealed damage to my spine. I was offered and took up Physio by my solicitor however they are now saying £500 costs will come off my claim for the treatment because the Physio took place after the six months recovery period that the solicitors doctor said i should have been recovered. Any advice please?

    Reply
    • Ian Morris

      Given that a medical examination has already been conducted, the contents of the report have probably already been disclosed to the defendant insurers. You need to find out if that is the case.

      If this is the case, the defendant will hang on to any part of the report that is in their favour – even if you provide a new report that refutes the initial report and provides a different prognosis. The defendants would simply say that the medical evidence is unclear and that the severity of the injury/symptoms cannot be settled at the highest tariff.

      You could of course, proceed to court and put the two differing reports before a Judge, but that is extremely risky and likely to lead to the Judge saying that the more serious prognosis has not been proven.

      Reply
      • Steve

        Many thanks for your reply. They sent the medical report and asked whether I agree to its contents to which i said no and I refused to sign, therefore I would have thought it shouldn’t have been submitted to the defence yet, however i will check.

        Reply
        • Ian Morris

          Yes, definitely check – as long as you don’t sign it if you don’t agree with the contents.

          Reply
  86. Lena hunt

    I have a contract with my solicitor when I try to phone him I can never get in touch with him, he sent a letter out for my husband sign we need some amendments doing too it. This is the second letter we have to amend, we have been trying for three weeks and no response from him. I feel like I should change but it’s the contract I signed that bothers me. I can not afford a bill for his work, could you advise?

    Reply
    • Ian Morris

      Before switching to a new Solicitor, you should look at your current Solicitors complaints procedure (which should be published on their website) and instigate a formal complaint to them. This will give them a final opportunity to resolve your concerns and give you confidence in them. If they are able to do that, that would be the best course of action for you. If they can not adequately answer your complaint you could then contact us to switch your claim to a new Solicitor such as ourselves.

      Reply
  87. sammyjo reed

    My son had an accident in the car on the 1st May this year. He went with a solicitor with a no win no fee claim but changed his mind and went with another company who he won his claim with. The first solicitor he went with now say that he owes them £410 court cost – even though he cancelled his instruction to claim with them within a week of this. Where dose he stand? Does he still have to pay this fee?

    Reply
    • Ian Morris

      If your Son signed a Conditional Fee Agreement with the first Solicitor, he will be bound by the terms that he has agreed to and this may include the Solicitors right to pursue him for any costs they incur whilst working on his claim should he later fail to cooperate or instruct a different firm. In cases where a different firm are instructed, they would have to obtain the file from the previous Solicitor and the new firm would have to give an undertaking to cover the lien (incurred) costs from the previous firm should they succeed with the claim – in which case, your Son shouldn’t personally pay the cost.

      If your Son cancelled the No Win No Fee instruction signed within the Conditional Fee Agreement with the first Solicitor within the first 14 days, there should be no costs whatsoever.

      Reply
  88. Julie

    I agreed to a personal injury claim against the person that crashed into me, with a solicitor which contacted me. A few weeks later due to family problems, I decided not to go through with this claim. Now the solicitor as wrote to me saying, I am now in breach of their signed terms of business & therefore the disbursement’s & their profit cost, are payable by me. Where do I stand with this?.

    Reply
    • Ian Morris

      Have you pursued the claim elsewhere? If so, you should contact them to discuss the lien costs issue. If you have not pursued the claim, you could ask the existing Solicitor to simply start the process now.

      Reply
      • Julie

        Yes I have pursued the claim elsewhere & it finalised in November 2016

        Reply
        • Ian Morris

          In that case it seems rather strange for the previous firm to now be requesting that you pay costs to them. You should contact your successful Solicitor for advice.

          Perhaps you should inform the previous firm that you had to cease the claim for personal reasons?

          Reply
  89. Pamela mitchell

    Hi
    I was in a RTA in January 2017, I went through my car insurance who instructed one of there solicitors from irwin Mitchell to deal with my personal injury claim. I suffered a whiplash injury and was off work for 2 weeks taking medication for pain. I had a medical with the report stating my whiplash was due to the accident. My solicitor has come back to me stating because there was only £500 pounds worth of damage to my car it is unlikely I will win a case in court and could incur court costs of between £3000-£10000. Can you please advise my options and should I swap solicitors.

    Reply
    • Ian Morris

      We would welcome you making contact with us in order that we could arrange for our specialist Solicitors to chat with you to discuss the situation and advise you as to whether or not they agree with Irwin Mitchell.

      If our Solicitors took a more supportive view of your claim, you would be free to switch your claim to our Solicitors.

      Reply
  90. Sebastian

    Hello. I was involved in an accident on 25/07/2016. I ran a taxi belonging to the corporation under their insurance. The accident was with the participation of a truck on Polish registrations. The truck driver pleaded guilty. The case was automatically dealt with by the insurance representative representing the taxi corporation. After a few weeks, they returned the car repair costs for the corporation. I was sent to the physiotherapist because of pain and cracks in the neck. Time run, and the representative all the time claimed that I do not have any news because it is a truck from Poland and communication is difficult. On March 14, 2017, I received a letter from a lawyer dealing with the calculation of costs and the likely amount of compensation. In conversations with me, the corporation’s insurance broker maintained that he would be calling and dealing with the matter. I am also an emigrant myself and it’s not easy for me to deal with such matters, but I decided to call the lawyer responsible for my case. I called there on March 20, 2018. The lawyer said that not much was done in this matter and that he would try to contact the insurer of the truck and that he would call me back the next day. He did not answer. Now, as I’m trying to connect with him, after redirecting me to his phone is just a signal and does not answer. The list was included with the existing cost of a law agency is £ 1327. What should I do in this situation? Would they charge me if I change solicitors? Thanks.

    Reply
    • Ian Morris

      If your claim is being pursued on a No Win No Fee basis, you should not be charged if you opt to switch your claim to a new specialist personal injury Solicitor as the new Solicitor would give an undertaking to the existing law firm regarding their lien costs should they go on to succeed with your claim. Everyone has the right to switch Solicitors if they lose faith in the firm that they have instructed. However, it is not something you should do without having expressed your concerns to the existing Solicitor and giving them an opportunity to resolve your concerns and show you that they can pursue your claim correctly. If however, your relationship with an existing Solicitor completely breaks down and you have no faith in their ability you should then seek to switch to a specialist Solicitor at the earliest opportunity.

      If you would like to speak with our specialist Solicitors regarding your ongoing claim and the situation in which you find yourself, call our team on 01225430285. We would take some initial information and get the right specialist Solicitor to contact you to offer you advise and support with a view to taking over your claim if it were in your best interests for them to do so.

      Reply
  91. Laura

    I was 21 years old in a RTA back in 2014. I was the driver and a car hit the driver’s side of my car 60mph whilst stationary. I was taken to hospital and had surgery to remove glass from my arm. I have 6 scars to my arm, I suffered PTSD and had problems with my neck back and knees. I have underwent all medical examinations and treatment and my solicitor has recently evaluated the claim at 14-17k. I have not signed the papers yet as I feel this is not representative to my injuries. What are my options now?

    Reply
    • Ian Morris

      Your road traffic accident sounds nasty and it is easy to understand how distressing it must have been both physically and psychologically. We would imagine that your Solicitor is basing the value of your claim for compensation on the basis of a detailed specialist medical report that would have been conducted on the instructions of your Solicitor. This report should have then been made available to you to read through to then check the contents and agree with them before it was handed to Counsel for an expert opinion on claim valuation. Is this the case?

      If so, it is hard to then argue against the valuation as it will be reached on the basis of case law and claim history. You could seek a 2nd medical opinion, but it is likely you would have to pay the cost of that report and in any event, the defendant insurers would undoubtedly draw attention to the first report if there was a large discrepancy in the appropriated value that a 2nd report provided.

      You mention your PTSD, neck and back problems. Were those matters properly reported to your Doctor and treatments provided? Clearly, at the time of your accident the lacerations to your arm would have been the immediate and obvious trauma that required attention, with the PTSD and ‘soft tissue’ problems likely to have presented over the following days and weeks. Could it be that the full extent of your PTSD and whiplash related problems have not been correctly taken in to account? Did you discuss those issues at your medical assessment?

      Reply
  92. Mandy Purkiss

    Hi

    Please could you advise me on whether I should change solicitors. In Sept 2013 I was in a road traffic accident, the other driver accepted responsibility. They hit my car from behind at approx. 30mph, I was stationary with my left foot on the clutch and right on the break, the impact was painful to my neck as my head whipped forward and back and I had an instant headache. I noticed the following day that my left knee was very sore, after several days I visited my gp and informed them, and a week or so later I went to A and E as my knee was very painful.
    After X-rays and MRI it was discovered I had a torn cartilage which I believe happened in the accident, 12 months after the accident I had surgery, 6 months later my knee was still sore, 12 months later it was still sore. My solicitor suggested £4000 in compensation, I refused as it was still sore. 18 months later the consultant did a second operation.
    It is over four years later and I have still pain every day in my knee. The independent report seems to have back tracked somewhat while initially saying it was highly probable that the knee injury was caused by the accident to suggesting that one would not normally expect significant damage to the knee in an accident of this kind.
    In addition to this it is being suggested that the second operation was as a result of something that happened between surgeries but this is not what was suggested by the consultant at the time. Regardless of whether that is true I had no knee problems prior to the accident and I am of a healthy weight etc.
    £4000 is again now being suggested but I feel this is not reflective of the pain and change of life style I have had to endure. Is this a reasonable offer or should I consider moving to a solicitor who is going to look after my interests?

    Many thanks.

    Reply
    • Ian Morris

      It would be very hard for us to advise you to switch Solicitors in this case as it seems like you have received an appropriate medical assessment by an expert arranged by your Solicitor.

      If you are unhappy with the contents of the experts report, you should advise your Solicitor of this. However, whilst you can seek to instruct a second separate expert in the hope that their report will be more favourable, it could be that the defendant insurers refuse to pay the cost of that assessment at settlement.

      Reply
  93. kath wilson

    My son aged 16 had a motorbike accident, non fault. I instructed garvins solicitors. He had leg, hip and knee injuries and walked with a limp. He had an mri scan twice on knee and consultant said would repair within 12 months.
    He became 18 and signed full settlement as nothing was ever explained to him as i his mother had been dealing with it.
    After 6 months of payment he is in more pain, i have taken him back to the physio guy and it has been diagnosed and been referred as its a spinal problem – he has been wrongly examined.
    is there anything we can do?

    Reply
    • Ian Morris

      Unfortunately, your chances of doing anything further with regards to seeking further damages from the defendant insurers are very slim. When signing for the full and final settlement, your Son has done just that and effectively forgone any further right to damages.

      It would be wise to return to the previous Solicitors to discuss the matter with them.

      Reply
  94. Patricia Haste

    Hi, I was involved in a road traffic accident with the other party being at fault and admitting so. I took up the insurance company’s offer to use their solicitor and two months after my accident in which I suffered a back injury, whiplash and headaches for weeks and had to take time off work due to them. I am still suffering from depression although I am back at work now. However, they have come back to me already with a ridiculous offer that I am not at all happy with and they have told me that they will only go up by another £250 and that being final. I have reason to believe that I am entitled to more compensation giving what I have endured these past couple of months but they are refusing to go up any more. I haven’t even been asked to attend a medical before my offer was made. So basically all I am wondering is if it’s too late for me to change solicitors at this stage?

    Reply
    • Ian Morris

      It is not too late to change Solicitors if it is deemed to be in your best interests to take such a course of action.
      Our specialist Road Traffic Accident Solicitors would be very happy to discuss your situation with you and they would then advise you as to whether or not they felt that it would be in your best interests to switch Solicitors.

      If you would like our help in taking this further, please forward your contact details to us. Our Solicitors would then have a chat with you about the nature of your claim to date and what level of compensation settlement you have been offered so far. They would then be able to advise you as to whether they agreed with you that the offer was unreasonably low or if they felt that the award was fair. From this you could then decide whether or not you wished to sign over the claim to a new Solicitor.

      Reply
  95. Angie Sparham

    I was knocked off my cycle 1 year ago and I have used Slater Gordon to take a no win no fee claim. They have come back with the offer from the third party which I have rejected due to the refusal to reimburse for my cycle in full and my mobile phone. I have now been asked to sign a form of authority to release my interim payment and disbursement of my solicitor for acting on my behalf. I feel very uneasy about signing this as I wish my claim to go to court for my cycle and mobile phone loss.
    I have spoken to them and they “claim” they will continue to fight for my compensation but I don’t feel they will. Should I sign? They have said if I don’t sign this within the next week they will have to return the money to the thirst party insurer and it will cause problems.
    Urgent advice please, I just don’t know which way to turn. Thank you.

    Reply
    • Ian Morris

      It is very difficult for us to advise you what to do as we are not aware of the full facts held within your claim file. However, our gut instinct would be to trust your Solicitor. The company you mention is a well known and respected legal firm and I have no doubt that they will do their utmost to ensure that your losses are recovered in full.

      To refuse to accept the interim payment would not be wise and in accepting the payment, you are not doing so in a full and final settlement so you do still have room to return to the table to seek full settlement including your cycle and phone.

      Reply
      • Angie Sparham

        Thank you for your response it is really appreciated.

        In general I feel you should never pay someone for a job until you are satisfied they have completed the work satisfactorily. Therefore, with this principle in mind I will not be signing the Authority form for debursement the solicitor has sent.

        Kind regards

        Reply
  96. Carolyn

    Hi
    Is there a period when I can I swap my solicitor? I have legal cover with an insurance policy and have been contacted by my cover provider and they advise me that they will charge nothing. I have tried to contact my solicitor but they couldn’t open my file and said that they would call me back.

    Reply
    • Ian Morris

      You can switch Solicitors at any stage of the claims process, although it does become more difficult for a new Solicitor to take over a claim the further down the line the process is. Therefore, it is best to switch Solicitors at the earliest opportunity.

      If you have only just instructed a Solicitor, the usual protocol is for a 14-day cooling off period before the Solicitor actually commences any work on the claim (unless you have waived this period). You could write to your Solicitor advising them that you wish to withdraw your instructions.

      However, just because you have discovered that you have legal cover available, it doesn’t mean that you need to switch Solicitors. You can simply advise your Solicitor that you have existing legal expenses insurance cover in place and that you would like to use that rather than purchase an After the Event (ATE) insurance policy from them. If you could do it this way it would probably be the speediest and best solution for all concerned.

      Reply
  97. Mr m voce

    I have just found out that slater Gordon solutions will be taking 25% of my award. I feel this is very unfair as they have taken just under 3 years to settle my claim, they changed companies from quindell then my paperwork went missing so I had to start the process over again. I now find that the company who the claim is against will not take calls from slater and Gordon only e-mails. My question is, can I expect/demand a reduction in their fees. I tried to ask them this question but would not answer, also would I be able to telephone the company who the claim is against and deal with it myself?

    Reply
    • Ian Morris

      If the claim was ‘registered’ or made on or after 1st April 2013, you will be obliged to contribute up to 25% of your claim award towards the costs of the claim. This is not the Solicitor simply taking it, but due to law changes in the LASPO Act 2012, Solicitors acting on Personal Injury claims were forced to sign claimants to an agreement that saw up to 25% of the award deducted towards the costs of the claim. None of us on the ‘claimant’ side of Personal Injury compensation felt that the legal changes were fair as they clearly reduced peoples compensation and boosted insurance giants profits. However, the law is the law and we must work within that framework. You can read more about why claimants are obliged to contribute up to 25% of their award.

      If you think that your Solicitor has been negligent and handled the claim poorly, you may be able to seek a reduction in fee from them. You will need to make a formal complaint to your Solicitor outlining your concern and allow them to investigate. If they are unable to satisfy your complaint and you remain aggrieved, you could then ask the Law Society to investigate this for you.

      Reply
  98. Diane Gill

    Hello. I had a shoulder injury in my previous employment that has lead me to just having an operation. I tried to make a claim which was rejected. I feel so angry that i cant work or claim benefits. I am in horrendous pain and its lead to my depression being at an all time low. If a claim has been rejected can anyone else take this claim request on?
    I would really appreciate some advice as i don’t know what else i can do.

    Reply
    • Ian Morris

      I am sorry to hear that you didn’t get a good outcome with your claim enquiry the first time around.

      You can seek an alternative opinion from us or another specialist injury compensation Solicitor even if your claim has been rejected. Of course, if one Solicitor has rejected the claim it may indicate areas of weakness within your claim but it could simply be that the Solicitor didn’t feel adequately experienced to handle the claim. Do you know if the claim was simply rejected upon consideration by a Solicitor or if the claim was closed after being brought to the attention of the defendant insurers and on the basis of their defence of the claim? If an insurer has successfully defended a claim and a Solicitor has opted to ‘close’ the matter rather than take it to court, it could indicate that you are unlikely to get any further. If however, the claim never got that far then it is definitely worth looking in to this again.

      With regards to benefits, have you explored all the state benefits that you may be entitled to? If you were injured whilst performing your working duties, you be eligible for Industrial Injuries Disablement Benefit which is non-means tested. You should definitely investigate further with this.

      Reply
  99. simon wilson

    Hi i lost my whole index finger at work and half of my knuckle the insurer has accepted 30 per cent blame and offered me £40 000, my solicitor has said i should reject the offer because he thinks we can get more, your thoughts?

    Reply
    • Ian Morris

      Simon

      Thank you for taking the time to visit our website and for discussing your situation with us.

      Clearly, the injury you have sustained – total loss of an important digit (index finger) with partial loss of knuckle joint is a very serious injury with permanent implications in terms of dexterity and hand use. With this in mind, settlement values for the loss of a finger can be substantial.

      Without knowing the full details of the accident that lead to the injury and your losses to date, it is very hard to provide accurate advice as to the settlement offer you mention. However, I would suggest that the offer seems reasonable and is within an appropriate value range. That said, if your Solicitor is of the view that you should reject this offer on the basis that it is likely that you can obtain a higher settlement, I would very much recommend that you take that advice and instruct your Solicitor to reject the offer.

      Your Solicitor will have sought expert advice from a Barrister with regards to the medical reports written in relation to your injury, treatments and prognosis. The Barrister will have provided an opinion on the likely settlement value for your claim and it would seem apparent that the 3rd party insurers have failed to make an offer that matches the higher end of your Barristers valuation. As such, your Solicitor would be right to advise you to reject the offer of £40,000. The Barristers opinion will come from previous settlements for similar injuries and claimants, using precedent to provide value.

      Whilst rejecting the offer will of course lead to a delay in your receiving settlement, it is likely to be worthwhile in terms of the final settlement value.

      Reply
      • simon wilson

        Hi Ian thanks for your promt reply its nice to read your thoughts from someone other than my own solicitor its seems as though we`re heading in the right direction at this particular time of writing thankyou .

        Reply
  100. Shona

    Hi, can you please advise me at the moment I am going through a accident at work case which happened 17 months ago hospital has said I have been left with c r s p since having a tibia plateau to my knee , my employers are being awful but the company working for me who will receive 25% of my claim say they can’t help with my work issues and that I would have to join their other team who do this line of work and that I would need to pay money up front and then further down the line, this is money I do not have, the company I work for excepted liability last March but are saying for me too go back to work I must be able to work one on one with heavy manual handling and being on my feet all day but I still use crutches as they know when the area manager comes to my house, my law firm say get your daughter to take notes which means she is having to take time off work for this and to take me to appointments, can I move to another firm or will I have large costs to pay them?

    Reply
    • Ian Morris

      You can swap from your existing Solicitor to a new firm, but in most cases this should only be done if there has been a full breakdown of relations between your Solicitor and you.

      Whilst we sympathise fully with your feelings of stress and angst, we can also understand that your Solicitors are unable to give employment law advice on a No Win No Fee basis in the same way that they have been able to pursue the personal injury claim for you. Sadly, the Government changed the law in relation to employment disputes in the recent past and this has placed a large cost burden on people in the situation in which you find yourself.

      Whilst your injury is relevant to your employment and the injury was sustained at work, any issue you have about your return to work or how your employer is handling your employment is not related to your claim for personal injury compensation and as such, needs to be handled separately.

      We would suggest that you continue to pursue your claim with your current Solicitor as to switch at this stage could delay the claims process and may not be in your best interests. Regarding the employment issue you have, you may wish to seek some advice or guidance from the Citizens Advice Bureau.

      I hope that this helps.

      Reply
  101. Rosemary Dempsey

    Hello. I had a personal injury claim against Sainsbury’s Supermarket which was being dealt with by Slater & Gordon through my union. I fell in Sainsbury’s whilst shopping and suffered severe damage to my shoulder including a dislocation which resulted in having to undergo surgery. Sainsbury Maintain they did everything required of them in law and are in no way responsible. Consequently my solicitor has said she feels the case will not succeed in court and will be closing the case! Would your company be interested in taking on the case? As you can imagine I am rather upset about this as I suffered and continue to suffer a lot of pain and although I have now had an operation it is a 12/18 month recovery period!! Sainsbury did not even offer good will!

    Reply
    • Ian Morris

      Rosemary

      Hi, thank you for telling us about your accident at Sainsbury’s. I can appreciate your frustration at the lack of success with your claim for compensation.

      We would certainly be able to get one of our specialist solicitor partners to obtain the file of papers held by Slater & Gordon in order that they could review the work undertaken by them and the responses provided by Sainsbury’s in relation to the claim. This would enable one of our solicitors to evaluate whether or not there is any chance of taking the matter further for you.

      I should add that if Slater & Gordon are closing their interest in the case, it is likely that Sainsbury’s have mounted a robust defence of the claim. With regards to claims for compensation after slipping on a wet floor within a supermarket, the courts have been fairly generous to the defendants in such claims. In order to defend a claim, the supermarket must simply provide proof that they have inspected their shop floor regularly (usually once every 30 minutes) to look for hazards and show that regular cleaning takes place. In your case, I would imagine that Sainsbury’s have provided a check list showing that someone had inspected the shop floor in the 30 minutes before you fell and found no hazard. With this in mind, the courts would likely find on Sainsbury’s side should the claim get that far on the basis that they had done everything reasonable to provide a safe environment and that the hazard/spillage that caused you to slip and fall may have only been present for a very short time and not been reported to Sainsbury’s staff or seen before you fell.

      I can appreciate that this doesn’t satisfy your grievance and given the extent of your injury I can understand your anger at the lack of apology or good will from Sainsbury’s.

      When it comes to No Win No Fee claims, solicitors must apply a strict risk assessment on any work they undertake on the basis of whether or not the prospects of succeeding with the claim warrant them working on the basis that they will only obtain their fees if they win. In your case, Slater & Gordon have taken a view that it is too risky to undertake further work on your claim as they don’t feel that they will succeed.

      However, as I said at the outset, if you would like us to get one of our solicitors to review the work for you, we would be happy to do so. You never know, we may find something that has been missed. Whilst such an outcome is far from certain, it does happen from time to time and at least you would have the peace of mind of a 2nd opinion.

      Reply
  102. Stephen

    I had a discectomy in nov 2012. i started a new job in may 2013 i told the employer about my operation at interview and got the job. the job was driving and lifting ‘delivery driver’, i wasn’t giving any health and safety advice or training just put in the van and told to deliver the goods. In aug.2015 i felt my back and legs getting sore every day so went to my gp who advised to take time off to see if it gets better but it didn’t it just got worse and in the end i ended up with sciatica down my leg and had to have another discectomy. I went back to work on jan.2017 and they have giving me a different job which could be heavier work so i told them i cant do it incase i hurt my back again and need another operation. So now i’m unemployed, could the sciatica have been prevented if i was giving training and health and safety?

    Reply
    • Ian Morris

      Steven

      Hi, thanks for your comment. Given that your employer failed to provide you with the basic health and safety training required for a manual job, I would say that it is definitely worthwhile making a claim for personal injury compensation against the employer on the grounds of employer negligence.

      All employers have a responsibility to provide a safe working environment and they must ensure staff are shown how to work safely and then provided with a workspace/environment that allows them to work safely. Given that you would be expected to lift and move items repeatedly, the lack of any training regarding safe manual handling of items would given the employer a problem if you were to pursue a claim against them.

      I would suggest that you call us on 01225430285 or email us your phone number to: justice@direct2compensation.co.uk and we can then have a chat and help you get the ball rolling.

      Reply
  103. Mrs Marion Smith

    I have just been advised by my solicitor to accept an offer of £5000 (if agreed) less £500 for physio & xrays and then 37.5% for their fees. I fell & broke ankle 3 years ago & it has been me instigating all correspondence. I have always been told the case could go either way. Solicitor has always taken between 4-6 to respond to any emails I have sent. Last report from consultant had incorrect ankle (I know this could just have been a type error) but obviously it should have been accurate. I feel it has been dragged out for a long time & I have been the one chasing everything. Is this normal & would the amount being offered be normal amount?

    Reply
    • Ian Morris

      Marion

      Thank you for contacting us. I am unable to advise on the proposed settlement value that has been suggested – as we have not seen the medical evidence and don’t know the long term prognosis regarding your injury.

      One thing that does jump out to me from your comment is that your Solicitor is to deduct 37.5% from your award for their fees. Are you sure this is the correct % total?

      The maximum deduction you should face is 25% from your award. With this in mind, I would double check your agreement with them and perhaps contact the Solicitors Regulatory Authority to ensure that your firm are acting legally.

      Reply
  104. donna wagstaff

    I have just been told after 18 months that my solicitor is not going to continue with my claim as they had a similar case and lost it in court. They said they did not think it was worth it for them. I am quite annoyed as I signed a contract with them in October 2014 and it seemed that it was always me that was contacting them to see if they was any progress. I still believe it was not my fault I suffered soft tissue damage to my knee when I fell of the bus due to the bus driver not lowering the platform when i got off with my 15 month old daughter (at the time).

    Reply
    • Ian Morris

      Donna

      Hi, thank you for making contact. I can fully understand that you are frustrated with the developments with your claim and your current Solicitor. Of course, I cannot at this stage offer any realistic opinion on the claim as I don’t know the full circumstances and details of the accident.

      However, we would be very happy to see if we can take over the running of the claim. What we would need to do is have a very brief chat with you to obtain some basic details and contact information. We’d then get you to have a chat with one of our specialist personal injury compensation solicitors and they would then (with your authority to do so) contact your previous Solicitors and obtain a copy of your claim file – which they are obliged to retain and pass to any other law firm you instruct and authorise to do so.

      Once the file has been reviewed by a suitably qualified and experienced Solicitor, we would be in a position to advise you as to whether or not we would be able to take the claim further for you.

      Please make contact with us by calling 01225430285.

      We look forward to hearing from you.

      Regards

      Ian

      Reply
  105. mick

    Hi i’m wanting to know if i can swap solicitors coz am not happy with the one i have as i’ve been misled by them!

    Reply
    • Ian Morris

      In short, the answer is yes. Anyone has the right to instruct a different Solicitor if they are unhappy with the work being carried out, or the quality of care that they receive from their legal team. However, swapping solicitors half way through a legal action of any sort, particularly within a no win no fee personal injury claim should be the last resort.

      Before you instruct a new solicitor you should advise your current solicitor of your concerns/complaint in writing and request assurances that they will resolve your situation positively. Once your solicitor is aware of an issue you have, they should address it promptly.

      However, if they do not resolve your complaint in a satisfactory manner, you can switch to a new solicitor and should refer your complaint to the law society.

      If you want to discuss swapping solicitors in greater detail, please do get in touch and we can help you to find out more about how to do it and give you a better understanding of your rights.

      Reply
      • Jeff Mullen

        Hi, I have just found out that I’ve have 2 law firms dealing with my claim for compensation, 1 of them has already booked me a medical so they told me I need to cancel the other one, is this a big problem?
        Regards
        Jeff

        Reply
        • Ian Morris

          Jeff

          Providing you have instructed the firms on a No Win No Fee (Conditional Fee Agreement) basis, this shouldn’t be a problem. What you need to do is work out which firm is further down the line with the claim and then ask them to continue and instruct the other firm to cease their action.

          In any case, the 3rd party against whom the claim is being made should already have notified the 2nd legal firm that a 1st firm was already pursuing the claim and the 2nd firm should have asked you whether you wanted them to take over the running of the claim or cease further action.

          I hope this helps.

          Reply
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