A year after car crash, still waiting....

Crazy_Jamie

The_Turner wrote: »

Case handler, is that an actual solicitor?
If not may be worth asking to speak to one.

Given that the firm is Irwin Mitchell and the injuries certainly seem to have some level of seriousness about them, it almost inevitably will be a solicitor. Firms just use the term 'case handler' to refer to the solicitor who actually has conduct of the case.

mikeyr01 wrote:

Ideally I dont want the hassle of going to another solicitor but I am 10k out of pocket, possibly a job and I dont feel like my solicitor are doing enough for me.

It is entirely natural to be frustrated at the slow speed of the process, but most of what you are frustrated about will not be the fault of your solicitor. For example, even when an application for an interim payment is made, it could still be months before the Court has a free slot to hear that application.

There are two strands of this case going on at the same time, namely liability and quantum. The case cannot be settled until both are at a certain stage. For liability this means either that one Defendant or more has admitted liability, or that no one has admitted liability and your solicitor has to issue proceedings to move towards determining the issue at trial. With quantum (i.e. your injuries and other losses) this means your injuries settling (either following treatment or just through time elapsing) to the point where a medical expert can offer an accurate prognosis going forward. Even if liability is decided, the case will not settle before the case can be valued.

That whole process can take some time, especially with more serious injuries. Being ten months down the line without any definitive answer on liability is not unusual, but that will ultimately come, and it certainly isn't unusual for quantum to be unresolved at this stage given the apparent nature of your injuries. So from that perspective there is nothing to be concerned about.

The one area you can be concerned about is in relation to your expenses and financial position. The interim payment point has already been discussed, but this is something that your solicitor should be seeking to sort out for you, at a hearing if one cannot be established by agreement. It does sound like this is in motion, though.

As a final point, you're unlikely to gain anything from finding another solicitor on a 'no win no fee' basis. Irwin Mitchell is actually a very prominent Claimant PI firm, and you should be in safe hands with them. The irony is that they do take cases on a 'no win no fee' basis, but obviously they're not here because you have legal expenses cover. But the bottom line is that you should be fine where you are, so don't let your frustrations get the better of you at this stage in terms of looking for a new solicitor.

mikeyr01

thanks, it sounds like all i can do is stick with them and hopefully get some sort of payment to help. and then wait for the medical. cheers for all the help.

Bootsalebargains

Can help with any advice but my dad had an accident in feb 2010, other party has admitted full liability, he'd been having physio up until 3 months ago when they said nothing more can be done and he'll have to live with the pain. He's had to give up his job as it involved heavy lifting and take another job on half the wages. Back in June he was offered £13000 which was £8000 loss of earnings and £5000 compensation which he was told to turn down and still waiting for another. They've asked for an interim payment but told no. All they can do is wait and hope they can keep up paying the mortgage.

hollie.weimeraner

12 months is no time at all for an injury case to be settled. As already stated if you are still suffering symptoms it would be foolish for any settlement to be reached as they will not be able to assess the impact on your life in future. If the injuries also affect your ability to work this will also need to be taken into account. My wife had a car accident in 2004 that took the solicitors 3 years to award her compensation.

Be patient, if you settle before you are properly assessed you will have years to wish you had waited a little longer:)