Reopening a compensation claim?

antrobus

BertTheRaccoon wrote: »

Get proper legal advice, not from armchair bloggers on here....

Well, yes. But this is MSE, not the Law Society website.

There is such a thing in the insurance business as 'third party capture' i.e. the practice adopted by insurance companies of making quick full and final settlement offers to injured parties before they have a chance of getting proper advice. Personal injury lawyers don't like this because its cuts them out of the loop, and if they can't undo f&fs ...

As far as the OP is concerned, by all means go and talk to a lawyer about it. But insurance companies have likely got the wording down pat, and taking an insurance company to court 12 years after the event, ain't gonna be cheap. Which is probably what the solicitor will tell you.

flopstocks

I have just turned out a Medico-Legal report, at the end it states 'My feeling is that he is likely to make an almost complete recovery with very mild occasional symptoms.' Obviously this was not the case.

InsideInsurance

flopstocks wrote: »

I have just turned out a Medico-Legal report, at the end it states 'My feeling is that he is likely to make an almost complete recovery with very mild occasional symptoms.' Obviously this was not the case.

Unfortunately medical reports are based on expert judgement not scientific measurement. This does mean that at times they are wrong, sometimes in the claimants favour in that they recover quicker/ more than expected and sometimes against the claimant in that their symptoms last longer or there are other unforeseen complications.

In general it is "just one of those things" however in certain circumstances it is possible to argue for the cases to be reopened but this really requires a solicitor to look at it. Going back to the same solicitor firm may be easier but their records are possible gone. I personally would be keen to speak to an actual solicitor there rather than just a fee earner who possibly will go for the stock answers over law of limitations etc

flopstocks

Thanks after contacting the solicitors I found that they ceased practicing in 2007. So have contacted a local solicitors (Nalders in Cornwall). I expect many think I am just looking to gain an extra buck, but if you seen the state of my leg I think you would understand where I am coming from.

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McKneff

Let us know how you get on please. It may help other people in the future.

flopstocks

I contacted Nalders a local solicitor, their opinion was that as 3 years had passed for the personal injury side of things. I received my compensation in 2004, and apparently the law is only six years before making a case against my solicitors.

However I contacted injurylawers4u and it appears they may be able to do something so I have forwarded all my case details. I am going to have a hip debridement before the end of June, this is the aftereffect of the accident where the injury has changed the twist of my hip.

InsideInsurance

I'd trust a solicitor firm much more than a lead selling company but they may find one of their panel who's at least willing to have a conversation