Poor legal advice - should I settle claim...

chickenpie81

Hi all,

I have had a personal injury claim running with a legal firm, since a car accident in August 2015.

Of course this is a while ago, and according to them the other sides solicitors have contacted them to state that they want the case settled or will apply to have the court extension removed (applied for before three year on claim was up), leaving me with no compensation.

The other party has accepted responsibility for the accident. Throughout the claim my solicitors have delayed, failed to communicate and advise, it has taken approximately one year between medical appointments/treatment and am still waiting for treatment authorised months and months ago. As I am yet to recover from my injuries so I don't want to settle the claim yet.

The consultant I saw through legal firm advised that there was nothing on my MRI to explain physical symptoms I'm currently experiencing feeling instead it was psychological. They are basing their claim value on this despite my having opinions of other medical professionals that contradict this, and of course I know I am still in pain, although the accident has effected my mental health also.

I have asked since November last year for a second opinion but they refuse stating it will look at court like they are trying to seek the opinion I want and that the consultants responsibility is to the court, not myself.

If I settle now they will go on the advise of a GP I saw through them 3 weeks after the accident who felt I would have recovered physically in 3-4 months and mentally in 4-5 months. Obviously I will receive less compensation based on these figures than the fact I'm still in pain today over 4 years later.

They now want a decision from me in 7 days or will close my claim, so I must decide if I want them to settle my claim, I want to change to a different solicitor (which isn't possible as no one will take on expenses already incurred by current firm) or close my claim and receive no compensation.

If I settle now, I will receive less compensation, but as lawyers state I am at risk of getting no compensation if the case runs much longer, I don't know what to do for best.

I have spoken to the legal ombudsman and they have advised I write a formal complaint to lawyers and if this doesn't help can complain via the ombudsman. But again this adds time to the claim increasing chances of no compensation. I can complain once the case is settled and wondered if this may be a better course of action.

Has anyone been in a similar situation or can offer any advice?

Thanks in advance.

hollydays

I don't see what your failure to get treatment has to do with your claim.

chickenpie81

hollydays wrote: »

I don't see what your failure to get treatment has to do with your claim.

If a medical expert recommends treatment it is the legal firms responsibility to organise this for me. They havent and will therefore form part of complaint.

Also, had I received treatment I may have recovered from my injuries sooner.

hollydays

Could you not have got this treatment on the nhs

SHAFT

chickenpie81 wrote: »

Hi all,

I have had a personal injury claim running with a legal firm, since a car accident in August 2015.

Of course this is a while ago, and according to them the other sides solicitors have contacted them to state that they want the case settled or will apply to have the court extension removed (applied for before three year on claim was up), leaving me with no compensation.

The other party has accepted responsibility for the accident. Throughout the claim my solicitors have delayed, failed to communicate and advise, it has taken approximately one year between medical appointments/treatment and am still waiting for treatment authorised months and months ago. As I am yet to recover from my injuries so I don't want to settle the claim yet.

The consultant I saw through legal firm advised that there was nothing on my MRI to explain physical symptoms I'm currently experiencing feeling instead it was psychological. They are basing their claim value on this despite my having opinions of other medical professionals that contradict this, and of course I know I am still in pain, although the accident has effected my mental health also.

I have asked since November last year for a second opinion but they refuse stating it will look at court like they are trying to seek the opinion I want and that the consultants responsibility is to the court, not myself.

If I settle now they will go on the advise of a GP I saw through them 3 weeks after the accident who felt I would have recovered physically in 3-4 months and mentally in 4-5 months. Obviously I will receive less compensation based on these figures than the fact I'm still in pain today over 4 years later.

They now want a decision from me in 7 days or will close my claim, so I must decide if I want them to settle my claim, I want to change to a different solicitor (which isn't possible as no one will take on expenses already incurred by current firm) or close my claim and receive no compensation.

If I settle now, I will receive less compensation, but as lawyers state I am at risk of getting no compensation if the case runs much longer, I don't know what to do for best.

I have spoken to the legal ombudsman and they have advised I write a formal complaint to lawyers and if this doesn't help can complain via the ombudsman. But again this adds time to the claim increasing chances of no compensation. I can complain once the case is settled and wondered if this may be a better course of action.

Has anyone been in a similar situation or can offer any advice?

Thanks in advance.

The problem you're going to have is the medical evidence doesn't support your claim.

What does your GP say about your current symptoms?

chickenpie81

The medical evidence from their consultant does not support claim.

I have evidence from chiropractor, my own GP (who has referred me to a specialist) and the consultant radiographer also disagreed (he read the MRI) which contradicts this and agree there is something physically wrong.

I have had this evidence for months, but they have stated none of these will stand up in court. And they had, recently, said they could be used to get a second opinion but the other side got in touch and want case finalised.

Aylesbury_Duck

This is too important a matter to be taking advice from strangers on the internet. You either need to take what looks like the least worst options lawyers have presented to you already, or keep looking for a new lawyer to advise you.

SHAFT

chickenpie81 wrote: »

How do you know no one has done anything about it? You don't know me, or the ins and outs of my injuries.

So, please don't comment unless you've anything useful to say. I am here looking for advice, not insults.

So you already have medical evidence that contradicts the specialist the solicitor sent you to see. What does your solicitor say about the conflicting medical evidence you have?

chickenpie81

SHAFT wrote: »

So you already have medical evidence that contradicts the specialist the solicitor sent you to see. What does your solicitor say about the conflicting medical evidence you have?

Initially they were determined that the experts word was final. Then decided additional evidence was enough to warrant a second opinion from a different expert. Since other parties solicitors have been in touch threatening to request removal of extension if case is not finalised asap, there is no option for a second opinion, leaving me with no compensation and them no payment (although as I got the legal cover via car insurance I had assumed they would be paid via them).

chickenpie81

Aylesbury_Duck wrote: »

This is too important a matter to be taking advice from strangers on the internet. You either need to take what looks like the least worst options lawyers have presented to you already, or keep looking for a new lawyer to advise you.

I have spoken to 12 solicitors, both no win no fee and others. None are willing to take on the case as this would mean inheriting current firms costs to date.

I realise it is important just thought someone out there may have had a similar experience.