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claiming damages

Hi,

I am not sure if this is the correct place to post.

My wife is claiming damages from her company after injuring her back. the short of it, her company admitted liability straight away and she was sent to a specialist orthopeadic consultant. After the first meeting the constultant said that he wanted to she her again after 6months. in the mean time the insurance company offered a settlement of £4k, which we declined on advice from our solicitor. We waited for the second appointment where the consultant thinks the injury is perminant.

Now the insurance company are trying to get her to go see another consultant, how can they randomly decide the consultant that they told us to go see is suddenly not good enough. They are also now questioning, that because the accident happened in scotland, we should go court in scotland. i know the rules are that we should go to court in scotland. But our solicitor says that it will properbly not go to court.

Can anyone inform me the differences between English and Scottish law?

Thanks

Glen

Comments

  • Uncertain
    Uncertain Posts: 3,901 Forumite
    glenm32 wrote: »
    Hi,

    I am not sure if this is the correct place to post.

    My wife is claiming damages from her company after injuring her back. the short of it, her company admitted liability straight away and she was sent to a specialist orthopeadic consultant. After the first meeting the constultant said that he wanted to she her again after 6months. in the mean time the insurance company offered a settlement of £4k, which we declined on advice from our solicitor. We waited for the second appointment where the consultant thinks the injury is perminant.

    Now the insurance company are trying to get her to go see another consultant, how can they randomly decide the consultant that they told us to go see is suddenly not good enough. They are also now questioning, that because the accident happened in scotland, we should go court in scotland. i know the rules are that we should go to court in scotland. But our solicitor says that it will properbly not go to court.

    Can anyone inform me the differences between English and Scottish law?

    Thanks

    Glen

    It is probably not unreasonable (legally) for them to seek a second medical opinion. It would however be unreasonable to keep sending her to doctors until they get one that says her injuries are less serious!

    Can't answer the jurisdiction question (other than to say that there can be significant differences).
  • glenm32
    glenm32 Posts: 4 Newbie
    Our solicitor is still discussing the reasoning behind sending her somewhere else.

    Our solicitor has told us that if the case does go to court in scotland he will not be able to help and we would need someone else to represent! obviously i'll keep you posted, but some more help on the laws would be great if anyone knows!

    Thanks for your quick response!
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