solicitors

[halinbath]

Does anyone have any advice on how to deal with solicitors and compensation claims? I had a concussion with pcs five months ago, feeling so mentally confused, angry and exhausted. My local Headway group gave me a list of recommended solicitors. I had a meeting with someone from their list and he was very supportive but I felt devastated by the endless questions and the forms which I have to complete. Thankfully I took someone with me otherwise I think I would have just sat there blankly , but even with support I still broke down as felt unable to cope and express myself properly. The other side has admitted that they were at fault but I am terrified of being unable to cope with the stress involved when the case progresses.Headway suggest being assessed six months after the accident so that is coming up soon if I can get an appointment, all I want to do is sleep .Does anyone have any advice on how to proceed?

[Ghost-on-point]

Certainly stick with Professionals solicitors, not cowboy "No wi, No Fee".

As for paperwork & Questions.... HELL! Alittle at a Time for Any Of Us. I couldn't cope with a Normal " portion " of desk time, would need a "kids starter" in several intervals. As soon as the pressure cooker brain starts to cook, I'm off!

( sorry if I'm talking Alien 👽) ?

[Hidden]

If someone can be at any other meetings that will help. But also there is nothing wrong with saying to the solicitor that because of your injuries you find information overwhelming, and can he give you information in pockets that will be more manageable to you. Take your time with forms I do a bit, then leave it till my brain has relaxed. Compensation claims are overwhelming I know I found it that way, but do everything at your speed not anyone elses. Headway have given you great advice and giving you names of solicitors and when to be reassessed. If they've said through your gp then insist when you make an appointment and inform them how important it is. You may even be able to get any treatment or check ups through your solicitor. I know when I was injured my solicitor arranged private appointments and the charges went to the other party. Its worth asking these questions. I really hope anything I say is of help to you, and you get things sorted out x

[halinbath in reply to Hidden]

Thanks so much for reply, really helpful. I didn't think that it would be possible to be properly assessed as GP says there is a huge waiting list but if the other side was charged for the appointments then things could happen much quicker, hopefully. Happy Easter to everyone on this great forum.

[Hidden]

It doesn't cost anything to ask, just inform you solicitor that you have been advised by Headway to have an assessment. Let the solicitor know your gp has spoke of delays but how important the assessment is. Then see what they say, you don't ask you don't get in this life I've found. Don't be afraid or embarrassed when your struggling, if thinks are too much or you feel overwhelmed tell someone xx you'll be fine

[Hidden in reply to Hidden]

Oh forgot happy easter to you too

[sospan]

Hi,

Your solicitor needs to ask quite a lot of questions at the start to assess the extent of your injury and the likelihood of winning.

All the forms are necessary for the solicitor to write to all the party's involved to get things like your medical history from the doctors and health boards, employment details etc. This may take quite a while to assemble all the details so you may not hear from your solicitor for a while.

Once your solicitor has all the information to hand, they will invite you for another meeting, During the meeting they will discuss what assessments (if any) you need. These will be private and not NHS ones, It may be a Neurologists, Neuro Psychologist or a Psychologist.

Legal cases like this can take 4 to 5 years to come to an end.

If you have selected a solicitor from the Headway list you can be assured that they know what they are doing so don't worry.

[Alice5]

Hi

There are solicitors that have understanding of BI and, I believe, liaise with Headway. You can Google who they are.

Good luck with your claim, unfortunately ours failed at the final stage after 5 years. Contact Headway, they'll help.

Alice x

[Julesgettingthere in reply to Alice5]

Oh Alice, just read you reply there -

after a 5 year fight you must have been devastated - I did 6 years and sort of won - if you can call it that.

Kindest regards

Jules

x

[Alice5 in reply to Julesgettingthere]

Thanks, Jules and Halinbath, it was devastating at the time as it was only about 3 weeks before we were due to go to court. There was no choice but to stop the process as either way we'd be thousands of pounds out of pocket! Still can't believe it however life goes on.

We're continuing with a Professional Negligence Claim now but hold out very little hope, not getting stressed this time.

My son has done extremely well and that's the main thing. As we know, money can't buy happiness or health but it can give security and choices.

No one would ever know my son had a BI 6 years ago almost exactly. However we, his mother and teenage children know he is different. We're used to it but it can be like treading on egg shells at times.

I especially found the claim very stressful and whatever happens now will at least bring some closure.

Good luck in your claim, sounds like you're almost there if they've admitted liability xx

[Julesgettingthere in reply to Alice5]

Good luck Alice and family

X

[Alice5 in reply to Julesgettingthere]

Thanks, Jules, I'll let you know xx

[droopybrain123 in reply to Alice5]

Hi Alice so sorry to hear your claim failed. Not sure if you’re aware or if the Solicitors are aware that Brain injury can also be caused by severe whiplash leading to tearing of the main structural ligaments that secure the cranium to the top of the spine. This in turn causes cranio-cervical instability where the cranium is now left to slip down from the top of the spine. Thus causing abnormalities at the cranio-cervical junction i.e. a stretched and deformed brainstem and brain herniation plus others. This severe injury is not picked up by NHS Radiologists reporting on brain scans because they are looking at injury to the actual brain and not the brainstem. I believe they also do not report brain herniations under 5mm. I hope your son is recovering well.

[Alice5]

Hi

Sorry, I've just replied but can see you've already contacted Headway.

My son had a SAH 6 years ago and I helped him with all the paperwork, to help him understand briefly what was happening and I went with him to meetings etc. He, too, was completely overwhelmed.

Have you someone close to you who understands how you feel and can help you through this probably very lengthy process?

Good luck

Alice x

[droopybrain123 in reply to Alice5]

Sorry Alice I didn’t realise your sons BI was caused by a SAH.

[Carolinefa]

I'm sure your solicitor will have asked you already but check your house insurance. If you have ticked the box 'legal fees' you can often claim around £50k legal expenses which may help reduce any worries about how to pay your solicitor. Good luck.

[dillyd]

We are just coming to the end of 4 years litigation for a compensation claim. We hope to have it all settled by May, but it has been a long, slow process.

Your solicitors should appoint you a case manager, who will deal with appointments needed.

These can be private, much quicker than the NHS& should be funded by the defendants.

Make sure you have a decent solicitor, we had to change half way through, because the one appointed by our insurance were useless!!

You can have a litigation friend, someone family or close friend, that will come to appointments with you. That's really important, because there is a lot to take in.

There are lots of forms that are necessary, permission for medical notes, witness statements, assessment reports but your solicitor will guide you through these.

Don't be afraid to tell them, when you have had enough.

Anyone with brain injury experience, will understand.

If I can help in any way, I am happy to give you my phone number or personal e mail.

Good luck, keep fighting. It's been a tough 4 years, but I was determined to do the best for my husband.

He will require care for the rest of his life, not just from me, but professionals as well..

Happy Easter x

[halinbath]

Thanks everyone, some great advice. I will take a friend with me to any appointments. He was there when the accident happened so is a witness too. didn't realise how bad I was until the solicitor started asking me questions, I just sort of broke down. So sorry Alice to hear your claim stalled at the end, must be devastating after struggling through the process.

[Hidden]

Hi,

Only piece of advice would be to make sure you are well prepared for your assessments.

1. Would recommend a table with the following headers:

Specialist

Injury

Issue

Impact on daily life.

2. Plan to complete the table over a period of days/weeks doing half hour a day to avoid fatigue meltdown or overwhelm.

3. Ask someone close for help and explain that you can only do 30 min sessions, that you need them to help you remember/identify/log the info, and that a quick recap of your progress to date is useful at start of each session so you don't exhaust yourself trying to re read what you've done each time.

4. Answer the specialist's questions in the format they need and use your table as a memory prompt and a check at the end of each assessment to make sure you've captured everything.

The assessments can be quite stressful. I had one specialist get irate because I 'had too many injuries' for him to deal with in one assessment?! Two more got snappy because I didn't remember everything clearly - even after I told them about the memory problems! And none of them will provide any help with your issues - not their job.

In summary...

Be prepared.

Try to answer their questions.

Use your table as prompt then checklist at end.

Don't ask any medical advice.

Good luck.