Personal injury claim medical assessments and who pays the cost

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Claimants often ask us why solicitors want access to medical records, why they should be required to undergo a specialist medical assessment of their injuries and who will pay for it.

Medical evidence wins claims

To be in a position to succeed with a claim for personal injury compensation, claimants need to prove certain things. In order to prove how much compensation the claimant should receive for their injury, they need to provide medical evidence to support their claim. With this in mind, your solicitor will want to view your medical records relevant to the treatment you have had for your injury. They will then send this to a suitably qualified medical expert and arrange an appointment for you to see the expert.

During this appointment, the expert will medically assess you, discuss your situation and review your treatment. They can then write a report outlining the severity of your injury, what treatments have been needed, what treatments will still be required, whether you have made a full recovery, and if not, how long your recovery will take or if you will ever fully recover.

This report will be passed to both your solicitor and the 3rd party insurers defending the claim. It provides the base for both sides to discuss claim valuations and agree a personal injury claim settlement amount. Without such a report, it is not possible to prove the extent of an injury and therefore agree how much compensation you should receive.

You won’t have to pay for a medical assessment

Of course, such medical experts cost money, so who pays the cost for this service? From the claimants perspective, they need not worry about this as the cost is not their problem. During the Direct2Compensation claims process, your solicitor will pay the cost of the medical assessment and this is called a disbursement. The solicitor will be able to reclaim the cost of this from the 3rd party should they succeed with your claim and it will not be deducted from your settlement value. If the solicitor fails with the claim, they will deal with the cost and it is not the claimants responsibility.

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

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Questions & Answers

  1. Joseph

    If one of my medical reports is deficient or negligent? I need to approach another expert.
    Who pays for this additional report and can the other side see the previous deficient report?

    • Ian Morris

      If there is a demonstrable inaccuracy in a medical report, it should be pointed out and notified to both sides as in that case, a further report can be instructed and the claimant would not bear the cost.

      However, if you simply have a view that your report is deficient in some way and you wish to seek a further report from a different expert, the other side are unlikely to pay the cost of that and you would have to undertake to pay that cost.

  2. Connor

    Pub had no public occupancy liability insurance, they want to settle out of court for £3000 max. My solicitor claiming cost of £2800 includes disbursement reports etc, leaving myself with £200 as compensation. They advised may be prudent to accept the offer as even if we went court the pub owners my not pay up. Can this be right?

    • Ian Morris

      It is hard to advise without having full access to your file with your existing Solicitor, but if the pub has no insurance then there is a risk of pursuing them further as the individual that owns the pub may not have the financial resources to settle the costs of the claim and that would leave you with nothing.

      However, your Solicitor should not be deducting £2800 from a £3000 settlement as that is way over 25%.

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