Legal advice

SMC_2

I am not sure this is the right place to post this but it is sort of insurance related.

I currently have a claim ongoing through the DAS scheme with the house insurance.

I could do with some legal advice about what the lawyer is suggesting and don't know where to turn.

Any lawyers around here?

Sorry again if this is not the place to post this.

Astaroth

I am not a lawyer but do have more years than I care to mention in claims if you want my opinion (depending on what area of law it is)

SMC_2

It is about Personal Injury claims and costs.

Bossyboots

andyd is a personal injury lawyer (if he is still around). If you are not going to post the details here for people to help then send him a PM.

SMC_2

I haven't posted the details as I wasn't sure this was the right section to post in but no-one has said it isn't so here goes.

I have an injury claim ongoing under DAS scheme, it is a bit complicated but I am trying to find out what the cost is of getting a copy of my medical notes in order to have an independant assessment by a consultant. Also how much does it cost for an independant consulation?

They have suggested I get my notes and another assessment as the one the insurers we are trying to claim from did was poor and led to a pathetic offer.

I am trying to find out what these costs would be and if I would be better stopping this claim through DAS and going legal aid route.

Astaroth

There is no legal aid for personal injury claims as it was replaced with the conditional funding (aka no win no fee). One of the normal conditions of the no win no fee is that there is no other route you could take and as you have DAS legal expenses cover you probably cannot pursue this option.

If you are unhappy with the services that your current solicitors are providing you need to complain to DAS. Appointing a new solicitor even under the DAS policy would result in additional costs for which the third party insurers will not be liable for and so you need DAS to agree to absorb the costs due to poor service.

There is more information on how no win no fee and after the event insurance works here:
http://www.advicenow.org.uk/go/feature/feature_345.html?pkgid=34

You have free access to your own medical notes and nothing more than a small administration charge can be applied for a simple copy to be made. As to the cost of a consultant, it is very much a case of how long a piece of string is as it depends on how complicated the case is, how long the reports are etc but you are talking a fairly significant sum of monies (ball park £800) and you will have the added complication now that there will be 2 medical reports and having to argue out which is the "correct one". In these circumstances it can result in court action and the need for the 2 medical experts to attend for which you have to pay additional fees to them (as well as finding a time that they can both make court)

mattymoo

Astaroth - I stopped dealing with personal injury litigation in 94 but my understanding of it is something like this:-

Under the current fast track rules for claims under £15k (old figure?) both sides agreed on the choice of the medical expert and approached the expert for the report. OP - has this happened here but you are unhappy with that report?

Under the old rules (up to around 94) both sides would get their own reports and argue the difference. Claimants always went for a doom and gloom medic (by reputation) in order to paint a black picture. Defendents insurers always went for the optimistic medics - e.g. scars will heal, claimant will return to work and all will be well. The truth always lay somewhere between the two and that was your space for negotiation.

The fast track single expert system was supposed to stop all the exchange of reports.

SMC - are you unhappy with the report due to factual errors, the opinion or did you simply not get on with the medical expert? If they suggested you would make a rapid recovery but this is not the case, you are quite entitled to wait until your situation does stabilise and then request a further medical exam be done at that time. Obviously it drags matters out but could be better for you if you feel your medical condition could deteriorate.

SMC_2

mattymoo wrote:

SMC - are you unhappy with the report due to factual errors, the opinion or did you simply not get on with the medical expert? If they suggested you would make a rapid recovery but this is not the case, you are quite entitled to wait until your situation does stabilise and then request a further medical exam be done at that time. Obviously it drags matters out but could be better for you if you feel your medical condition could deteriorate.

The problem with the report is that they have admitted I have a problem with my neck but the offer was pathetic, didn't even cover my physio costs never mind anything else.

He said the I suffered mild emotional trauma for no more than a week, this is untrue, 18 months on I am still suffering psychologically and this has had an adverse effect to a chronic condition I already have.

Now as an orthopaedic guy I don't see he is the one to assess my psychological problems. To get another assessment we would have to pay, well according to the lawyer. What bothers me is again they are suggesting a orthopaedic, that just seems wrong to me.

Legal Aid is still available in Scotland for personal injury.

Astaroth

I have to admit to knowing very little about the scottish system as they make up so little of our book that they are all handled by our scottish based offices.

I believe the main issue here is that the medical report has been created in this case on behalf of the claimant (SMC) and the claimant themselves are disputing their own evidence.

Under the current system (well until 2.5 years ago) the claimant would nominate a doctor (or often 3) and then the defendant would agree or disagree to them and reserve their right to appointing their own medical expert. Whilst joint instruction is possible no solicitor worth their salt would agree to this. If the defendant objects to one or more of the experts on the list it doesnt stop the claimant from still using them but can be used at a later date to dispute having to pay the dispersments for the report.

As far as I am aware the scottish system is the same in connection with the basis of offers and therefore you should receive an offer for "pain, suffering and loss of amenities" which would be in addition to any physio or other medical expenses that were perscribed/ recommended by a doctor. The exception to this is when a global offer is made which is to cover all the general/ special damages relating to the injury (eg loss of earnings, medical expenses & PSLA)

Remember that all doctors do go through general training for all aspects of medicine. It is common place for a single doctor to cover off all the aspects of an injury in what is deemed not a sever case (ie fast track or small track cases) and it is unlikely that a solicitor will be able to claim the cost of 2 medical reports for 2 related injuries. A doctor is generally appointed for what is seen as the more major injury and will cover off the more minor ones - if they do feel out of their depth they can recommend that a second opinion is required from a different specialty

SMC_2

Thanks, they seem to be forever brushing off the psychological thing and to be honest that is what has had the most impact on me, the neck is a problem but physio helps. The psychological stuff is worse, there is little that helps, I am stuck with it.

I think I am going to have to be quite firm with this DAS lawyer and state it is the psychological stuff is more of a problem, be more blunt than I have been.

The problem is they took so long to send the letter to me the lawyer is now off for two weeks.

Astaroth

Are you using one of DAS' in house solicitors or one of their panel? (it has been a very long time since I routinely handled fast track cases rather than multi track which DAS always farmed out so dont know if they maintain in house sols for this sort of thing).

If you are unhappy then you should raise a complaint to a manager at DAS (and also one of the senior partners at the solicitor firm if they are a panel rather than in house) and express your concerns and disappointment.

Given the medical report has already gone off it is going to be a lot more difficult to argue the figure up (effectively you are arguing over your own evidence) but you should allow them an opportunity to suggest how they are going to readdress the issue.