Hi,
There was a post last year regarding solicitor recommendations (healthunlocked.com/headway/...
I appreciate there is a list on the Headway site but you can't beat personal experience and recommendation.
Anybody have some recent experience they want to share ?
I'm still going through the legal process almost 4 years after my accident. I had legal insurance cover with my car insurance.
The initial phase is dealt with by 'quick' resolution processes. I had big trouble with this. They only handle the file and don't do anything legal. They don't question the medical evidence from the 'experts' when you point issues out. I think this is called the factory process. However when the initial 3 year period runs out it then goes to a 'real' solicitor. If you have a case or queries and complaints that need rectifying this is when the process really starts.
The court process starts and the medical evidence that is problematic comes into the light and is questioned. The medical 'experts' work for the insurance industry and the ministry of justice (conflict of interest) however when it comes to the court process they have to reflect what the medical records say. They have signed a statement saying all the evidence is in their area of expertise. Example if you have PCS an expert neurologist will say it's psychological and refer you to a psychologist. The psychologist will say it's not psychological and won't discuss the PCS as it's outside of his expertise (he works for the insurance industry and the ministry of justice too) he does not refer you to a neuropsychologist saying the neurologist says there are no neurological problems. So on paper you have no neurological issues and few psychological issues. No neuropsychology referral, the case is dead in the water.
A solicitor can only act on your instructions. A solicitor will advise you of what can be done but can't do it until you tell them in writing. Your solicitor will hint at what you should tell them in writing, make sure you get the hint and write to instruct them. Your solicitor wants to win by any means within the law.
Back to the 'case dead in the water', The psychologist is questioned by the solicitor about why the symptoms are not psychological and outside of his area of expertise, he has to admit that these are neuropsychological. Then he is asked to explain why he did not make a referral to a neuropsychologist. He says, because the neurologist said the symptoms were psychological, and surely he would have made the referral if he thought these were neuropsychological.
The psychologist makes the referral to a neuropsychologist highlighting the neuropsychology report in the medical records. The neurologist is asked to comment on the neuropsychology report in the medical records that he failed to point out in his report to the court. He says he want nothing more to do with the case and washes his hands of the whole affair (his actual words).
The other insurer now complains and does not agree that there should be a neuropsychology assessment, saying that the neurologist failed to point it out in his report to the court.
The solicitor now has to make another date with the court to enact the psychologists referral for a neuropsychology assessment.
So it seems medical experts are liars and work the system for the insurance industry even if the evidence is in the medical records. (Christmas bonus etc). It has to come to court to be questioned. Once this process has started the solicitor wants to win by any means. Eg, If you have a damaged nerve and the expert neurologist says it will be fixed after 6 sessions of physio but it takes longer, then it is no longer a damaged nerve but a neurological issue of the brain. The expert got it wrong so it is now the worst case senario and the other insurer has to prove that it's not an issue of the brain.
My legal insurance was £38. The early stages was a nightmare but now the court proceeding have started they have really pulled their fingers out. Brain injuries have an unlimited payout tariff.
There's a good article in the headway archives by a barrister explaining how the solicitor and barrister are purely adversarial and don't really care about the truth as long as they get the win. But they need something to work with, and you, the client have to provide the instructions.
Legal cover is provided by the big insurers. They treat you like s##t to begin with wanting to get a quick settlement. However if you know the evidence is in the medical records stick to your guns, make complaints, take all the flack from everyone, from your own legal team to the medical experts calling you paranoid, deranged, imagining things, it must be psychological or depression or that you are a liar etc. If you've stuck it out they will eventually act for you.
At one point I was going to switch to a no win no fee solicitor, I enquired and 'he ' said this case is not worth it because it would be too long and too costly.
I got carried away and forgot what you asked.
Ah, yes personal experience.
I think it's hit and miss, it you have the evidence then stick it out to the bitter end. If your legal people don't act properly take them to the ombudsman, I did and won. If you find your legal team are lying then start a complain with the 'solicitors regulatory authority' (lying is beyond the scope of the ombudsman), I did and it's hanging over their heads still (they wanted me to sign a document that I disagreed with and I said I would sign it if they put a caveat on it, they did, I signed and they did not follow up on the caveat agreement. It's in writing on 3 different documents). If they lose the case the 'solicitors regulatory authority' get involved and my legal team then have to pay me the value of the full case.
It seems you have to be prepared to also learn and play the game, because that's what it is to them.
It's hard, they let you go almost bankrupt, on the verge of homelessness, anxiety pouring out of your ears, the world collapsing around you, and that's on top of the brain injury and other injuries. Call you all sorts of names etc. It could be part of the process.
If the evidence is there make them see it, and stick to your guns.
If your after a really good solicitor who handles difficult cases then I can recommend Potter Rees Dolan; Serious & Personal Injuries Solicitors in Manchester. They represented my husband who had an RTA and suffered a brain & physical injuries. They represent people all over the country and from a personal point they are excellent in everything they do. They find the best medical witnesses and they are thorough in everything they do. My husbands case was a very difficult one and not helped by an Insurance company that did not listen to their own barristers advice. In the end they got substantial compensation for my husband that made caring for him a lot easier. If you go down the legal route be prepared for a long fight and as pinkvison has not said it is not nice and you have to be prepared for everything that they throw at you. But Potter Rees Dolan are excellent and will explain everything out to you and get you the best help you need. prd.uk.com
Thanks that was the sort of recommendation I was looking for. I went through my own PI claim a few years ago and know the procedure very well especially since I worked with the regulators for both solicitors and barristers for a long time.
Whilst most solicitors will run the case and get a result it is the quality of the case management and the eventual settlement that is the important factor. Oddly being involved with the regulator I was better versed with the bad ones than the good !
Fletchers Solicitors are absolutely wonderful! They were working in The Walton Neurological Centre pre-covid, so may well be back in there now. They are so supportive and have helped us through our CICA claim so well, but they do road traffic accidents, etc too... Couldn't recommend them highly enough!
How has rehabilitation helped your long-term recovery after brain injury?
Matt-bats or Mattphrase
Counselling costs stink
