Need some advice on a legal, medical claim matter.

Protocol45

Apologies if this is in the wrong section.


I will try to explain this complicated situation best I can. I am posting on behalf of my dad whom is in a bit of a bind.
About 3 or 4 years ago while at work, he suffered an accident. Basically, the heavy bins he was taking out to be collected, the brakes failed and started to roll down the hill toward the car park. He tried to grab the bin and the sheer weight of it pulled his right arm severely. As a result, he can no longer bend that arm, cannot straighten it and moving it in certain positions causes great pain. He has to use strong painkillers to even get any sleep.

My dad found a solicitor to help with his fight and was assured from the start that he has a great case. After some years we are now in a position to be able to take them to court, however an issue. The medical specialist who is supposed to be acting on my dad’s behalf has said that the state of his right arm would have happened anyway due to arthritis. My dad is 64.
Because of this statement, which I believe it nonsense, our case has dropped down to nothing. Quoted £3.50 a day in pain and suffering. We have been advised to settle at 9K but if we take them to court we would maybe get 13k. So because of the word of one man the amount of money potentially paid out has plummeted. I don’t trust the solicitor’s word so thought I would come here for some advice, if possible. Can we get a second opinion from my dad’s GP? He has seen my father from the start and knows the pain he is in first hand. He has said that the “expert” is talking nonsense. Where do we stand? Will it cost us a fortune to get a 2nd opinion? Or should he take the money and run?
I can provide much more information if it is required. All help in this matter is greatly appreciated.

Protocol45

Well, it seems its all over.
The solicitor has sent a letter through saying suddenly all the evidence against the company isnt enough, the case is over and there isn't even a settlement. The solicitor of course get all their fee's but we get nothing.
All this waiting for year and all of a sudden the evidence is bad?

marlot

Really sorry to hear that.

zzzLazyDaisy

The solicitor cannot do anything about this. The medical expert's report must be made available to both parties, and the court, that's the law. So now everyone involved in the legal process knows that - in the opinion of the medical expert - your claim is worthless.

A GP cannot over-rule the medical expert.

Edit - they are not saying that the evidence against the company is bad, what they are saying is that the problem with his arm was not caused by the accident, but by the arthritis.

Buzby

Whilst he was courageous and right-minded in what he did - in the cold light of day, it was his action that resulted in the injury - and I can easily see how blame would be avoided. Braked trade bins are not capable of be used like a car - it is either on to prevent movement, or off to allow repositioning.

Since he was moving he bin, it had to be off - so the consequences of this action and the subsequent grabbing of the moving bin were his. Who else could be liable? A bin on any form of slope needs to be treated with respect, but once something starts moving, it is often better to take the pragmatic view and let it, especially if it could harm the operator to try to stop it - which it did.

The amounts offered appear to be based on goodwill rather than negligence, but experts are a fickle bunch and the whole incident could be re-evaluated and blame denied. Do also remember if going to court, a loss means paying the costs of the winning party - a double blow.

SarEl

zzzLazyDaisy wrote: »

The solicitor cannot do anything about this. The medical expert's report must be made available to both parties, and the court, that's the law. So now everyone involved in the legal process knows that - in the opinion of the medical expert - your claim is worthless.

A GP cannot over-rule the medical expert.

Edit - they are not saying that the evidence against the company is bad, what they are saying is that the problem with his arm was not caused by the accident, but by the arthritis.

Whilst this is not my area of law, I am afraid that I agree. I would also add that the specialist was never acting on your fathers behalf. He is required to tell the truth as he sees it, judging only the medical evidence presented and his understanding of that evidence in light of his experience and expertise. Different consultants may, or may not, come to the same conclusion - but they are required to tell what they see as the "medical truth", which is not the same thing as being on your side. Given the medical opinion, your solicitor had nowhere to go. Each of us has to make the best assessment we can starting out, often without all the facts, some of which may unfold at a later stage. What may look like a great case can turn on the flip of a piece of paper. It does not mean he was a bad lawyer. And as for getting paid - sorry, but everyone expects to get paid for the work they do. You surely don't expect your employer to say that you won't be paid because they didn't get what they expected? I would be the last person to defend a "dodgy" colleague in law, and I know that it happens. I am sure zzzLazyDaisy would say the same. But nobody puts in several years effort to lose a case! I am sorry that neither of us saw your post before. But I think I can speak for both of us in saying that we'd have told you to take anything on the table before it disappeared. The law is always a gamble. Sorry.

zzzLazyDaisy

SarEl wrote: »

I am sure zzzLazyDaisy would say the same. But nobody puts in several years effort to lose a case! I am sorry that neither of us saw your post before. But I think I can speak for both of us in saying that we'd have told you to take anything on the table before it disappeared. The law is always a gamble. Sorry.

I echo this. When I was a trainee, a senior solicitor said to me that there is no such thing as a 'cast iron case' and there are never any certainties in litigation. It was the best bit of advice I ever had.

If I had been advising your father, I would have strongly advised that he took the offer on the table. 'A bird in the hand' and all that. Unfortunately, for whatever reason, he did not accept the offer of settlement, and this is where he is. Litigation is a gamble - if the outcome was a certainty, no-one would ever need to go to court.