Is my Solicitor trying to help or Not!

crystal_clear

Hi everyone ( I am not asking for any legal advice here, just the knowledge of were i can obtain it from regarding my soicitor)
I really dont know where to find out the answer to my question unless i pay another solicitor. Hence why i am posting here, and i am sorry if it appears off topic but it is all connected with me being in debt and wanting to be debt free.

Problem I have
I had road accident some 2 years ago none fault. Otherside admitted liability and paid out passengers 18 month back. but my injuries are ongoing and i managed to get an interim payment of £1,000 12 months ago.
having lost so far over £50,000 in wages alone and dont expect to see most of it again and it is looking that i will never be able to do my job again.

I have been having physio at first and osteopathic treatment to the later part of the claim and my back is still really bad. after months of nothing i got a phone call today from my solicitor saying he has had an ok on a futher course of treatment from osteopath but thats 10 sessions over 3 weekly intervals, this means thats another 7 month treatments. I really do get some help from this treatment until it stops then i feel i am slipping backwards again.
The other part of the problem is I need another medical report as the original one did not allow for this length of time in recovery. I cannot have both I can either have osteopath and wait over 7 months or i can have no osteopath and go straight for another medical in the hopes this will close my case and i can get some finances back in my back to pay the bills that are growing by the day.

Can anyone out there point me in the right direction of some legal advice line that i can ask these questions to.So i can find out if my solicitor really is just dragging there heels or if what he says is correct. Because I need to get some financial matters resolved asap and while this drags on I am stuck with the debt and the worry that accompanies it.
Thanks in advance
Crystal

crystal_clear

Sorry i was just about to slip off the page.

Has anyone any ideas on who I can ask with legal know how about my solicitor and whether he is handling my case properly or just dragging his heels ( sorry forgot to mention my solicitor came to me from my car insurance i never picked him myself)

lynzpower

have you spoke to the law society? Are they registered with thme?

Youd be better asking in health moneysaving or family/marriage or "any other moneysaving"

crystal_clear

I wanted to say thanks Lynzpower

I have posted in the boards u mentioned and now off to see if i can get any info from the law society regarding this.
I havent checked yet if they are registered but i would have assumed so because they are part of my legal cover from my insurance company. But going to double check that aswell.


Cheers
Crystal

whatatwit

My mum is in a similar situation, fortunately she has recovered, but is not back as she was.
Her case is just about coming to an end, but they keep sending her all over the place to see this specialist and that for all these reports.

Do you have any legal cover with your home insurance, they might be able to arrange for you to see a solicitor for a brief chat as to whether or not things are progressing as they should.

I suppose it's a case of whether or not seeing another osteopath will 'cure' you in 7 months (3 weeks seems quite a long gap between treatments) or if this in your current state is as good as it's going to get.

Try speaking with your solicitor again, or at least his assistant and see if waiting 7 months will strengthen your case or not.

crystal_clear

Ok i have a little update on this.

I spoke to law society and they gave me a few numbers also local law society office number. I called local and explained situ to them receptionist went away came back with solicitors that deal in road accidents in my area.

I phoned the first one and got asked to phone later, I did this.
I have just finished a call with this very helpfull solicitor who says basically I should force the hand of my own solicitor by writing a letter of concern to them requesting a formal response in 7 days and outlining my concerns and asking for some answers as to how to progress from here.
Fistly mentioning the options given me and antisipated time scales involved and secondly the financial burden this has had on me and mine and that i cannot continue for much longer without some kind of financial assistance in the next month or two at most.
I am a homeowner on sickness benefit and no financial help towards my mortgage at all. and words to that effect.

She says this is a way of giving him a swift kick up the B*M as he has to be seen to respond within all the law societies rules and regs and if they were audited at any time and this letter was not actioned with a reply they could get in to trouble for not doing so.

Now all I have to do is try my hardest to draft this formal letter.
If anyone has any further help I am all to happy to listen.

Cheers
Crystal

davek1

crystal clear

i too had a similar experience with an insurance company appointed solicitor, and it took over 2 1/2 years to sort out. clearly no where as serious as yours.

I agree with the advice you have been given. Even though you aren't footing the solicitors bills you are still instructing them and they should act on those instructions promptly. they offer advice and point you in the right direction but decisions are yours.

My comment on this is of course they are being paid by a third party so dragging their feet probably enhances their income, or maybe i'm just being synical.

In my case i have some legal knowledge from my job and previous career and am not frightened to express myself in legal terms. I used to send weekly letters and e mails asking for updates and asking them to detail their recent actions.

Alos i don't think that a £1,000 interim payment is sufficient. tell them to ask for more and if need be to threated accelerated legal action through the courts.

If i can help further pm me

Dave

aussielle

Part of the reason these things are never resolved promptly is that once you have accepted a settlement figure there is no going back for more, even if it is later discovered that your injuries are more serious than previously thought, so although it isn't great for you to wait, it may do you a favour, as you weren't better within the predicted time slot...and also solicitors and insurance companies are not the fastest moving creatures! As long as the case enters the court system within 3 years of the accident.

If I were you I would insist that your solicitor requests a further interim payment to help out with your financial difficulties.

I would also be expecting an appointment to see a specialist. Possibly an orthopaedic surgeon, who would examine you and prepare a medical report on your injuries and possibly send you for an MRI scan. This is usually an expert, mutually agreed by both parties (yourself and the defendants). The medical expert should also give his prognosis and detail how long he expects you to take to recover, or to what degree he expects you to recover, along with recommendations for treatment for your condition. Without an expert medical report, it would be very difficult to ascertain how much compensation to award you for pain and suffering (which is usually arrived at by viewing previous cases similiar to your own, so if a previous case with similiar injuries were awarded £9,000, that is the amount your solicitor or barrister would be seeking for you).

Regarding your loss of earnings, your solicitor should be preparing a schedule of loss for your claim. Included in this should be the loss of pay as a direct result of the accident. You should also keep any receipts for anything you have to pay for in relation to your injuries, so travel costs/car parking to and from treatment centres, prescription and medication costs, letters and any equipment you may have had to purchase etc these should all be added to the value of your claim. So the final settlement figure should be made of of:
an award for pain and suffering (compensation)
loss of earnings
any costs incurred as a direct result of your accident

Depending on the severity of your injuries, you can also make a claim for someone to look after you. So, if you have had a family member or friend to help with personal care or household chores, this can be included in your claim ( I can't remember what this is called) but it can only be one named person.

I don't understand why you are unable to continue with the osteopath treatment and request a further medical report? You should ask your solicitor why this isn't possible. If liability has been admitted, I would expect it a reasonable request that you continue your treatment and get a medical report, funded by the defendant.

I know it's tough I feel for you, but try and be strong. I can understand why you aren't happy with your solicitor, it doesn't sound like they are explaining things very well to you, so ask the questions you need answering. If you're still not happy with their conduct and lack of communication, find a solicitor you're happy with.

Good luck! HTH

MinnieSpender

Hi crystal clear - just caught up with your post.

If they are solicitors, they must be registered with the Law Society - they cannot practise unless they are. Insurance companies are quite picky about who they allow to do legal work (the comeback on them if they chose dodgy solicitors is too big a risk). Unfortunately, insurance companies do "deals" with law firms to keep their costs down. While law firms are assured regular work by signing up with insurers, they are paid less than if you instructed them personally. This may be the crux of the problem - unfortunately, you're just one of many clients they are dealing with for a reduced fee.

However, this really shouldn't make any difference technically. They still have a duty of care to you and the insurance company to deal with your claim. The Law Society take a dim view of shoddy practice, so I would go with the advice you've been given and send them that letter. It may even be worth a quick phone call, followed up in writing.

It's also worth noting that personal injury claims can take a very long time to resolve, particularly if there are ongoing problems as you are experiencing. However, I would push for another interim payment given the amount of time you have waited and the amount claimed.

Hope this is useful.

All the best and keep us informed.

crystal_clear

Thank you so much ev1 for your replies

I never really realised until today just how hard it is to know if your solicitor is actually acting in your best interests or not and then how to go about questioning there abilities is a whole new ball game.
We all (in general) assume that a solicitor is doing the best job they can and whether we feel happy or not on a general scale take it for red that is how the game is played.

Searching for someone to answer my initial question with the knowledge behind them was not easy i can tell you.

The law society whilst very helpful could not give me the answers personally and i had to contact other solicitors that they did put me onto in order to hopefully get one to actually give me the answers i needed.

Boy its hard work let me tell you !!!!
Ok so i came back told you i had got the info i needed. Now armed with that and the post made by aussielle which was almost word for word the same as the solicitor i spoke with said. I have compilied my letter formally giving my solicitor 7 days to reply with an explination on what when and how things can be done and i faxed it to him today.
So lets hope I get some positive reply to it as it is all documented and he is legally obliged now to fully answer all questions truthfully and not skip anything like the part about i cannot manage financially for another 7 months plus and why can he not get me another interim payment to cover some of the loss of wages. and why can i not have both orthopedic med report done whilst getting osteopath treatment.
Anyway i will update you on the outcome when i know his answers which i made clear i wanted in writing.

Thanks again
Crystal

aussielle

I hope you get a satisfactory response to your letter.

If I can help you any more send me a pm, I don't view this board very often. I don't know an awful lot about PI law, just what I've picked up along the way (my case has run its course, just negotiating figures now in the 11th hour before the court date)