Unbearable litigation process

[Angostura]

Hi, has anybody got any advice about how to cope with the litigation process (In my case for a TBI caused by a drunk driver).

I was cross examined by a neuropsychologist the other day and was totally unprepared for what I experienced, particularly as he was my expert witness rather than the defendants. Not only did he seem to be Questioning the voracity of my symptoms but he also asked the most personal questions particularly about my mental health pre accident (I have been on antidepressants twice in my life), My relationships and my financial status etc. He also said that PCS was hard to prove in court.

I was on my own with him and felt like a rape victim undergoing a rape trial where my character and truthfulness was being questioned. I have ptsd which made it particularly difficult. I Felt misunderstood and threatened and it undid the good work my neuro-psych had been doing with me.

I’ve got to see three more of these expert witnesses and just don’t know how I’m going to get through the process.

Any advice really valued!

[AndrewT]

Dear Angostura,

I'm sorry, to hear, of your experiences but- I'm afraid- that this is ONLY 'the beginning', this is the 'Putting Your Toes Into The Water'. I know that you find, the questioning, Invasive- indeed it is- BUT this person IS on YOUR side- no really. Further done 'The Line', these Matters, will go to Court and you will be, very unpleasantly, amazed at the Accusations, Suggestions, Exaggerations and Down Right Untruths, that will be Levelled against you. (That you are 'Making The Whole Thing Up, purely for profit' 'That you were Like This BEFORE the accident' 'That you are Somehow In Cahoots, with others' maybe even 'That you were Paid To Make This Claim) This is why, your own Team, need to ask you some, fairly 'Searching Personal' Questions.

A good friend, from 'My' Headway, had similar experiences- indeed for similar reasons. My Friend DID eventually Win, her case, and get a fairly 'Substantial' Sum but only after, some YEARS, of- how can I put this....'Tooing and Frowing'. Sorry but, you are 'in' for, The Long Haul Angostura. That 'Water' sure is COLD, and Nasty (have you read Bleak House, the 'Endless' Chancery?).

All that said, you have ALL our Love and Support- (I have been through a Divorce, from the 'Childs' point of view. I was Eighteen, when my Father left our home, and in my Twenties and at College, by the time all the Accusations were being Argued over. I'm TRUELY sorry, that I have had to answer, your question in this Vein...It IS a Horrible Business and YOU have done NO Wrong!) May I Assure you that we ALL absolutely believe you Angostura. I WILL Pray, for you, both Privately and at Church, and ask that HE may give you the Strength, and Fortitude, to endure.

I'm Sorry that I can't offer you anything else, Keep Strong- All Our Love.

AndrewT

[pinkvision]

Hi, have had 2 horrendous neurology assessments so far by 'experts'. They are supposed to be independent working on behalf of the ministry of justice. I searched them out on the web only to find that they are also employed by a variety of insurance companies. That's a question you need to ask?

Both verifiably lied in their reports, I challenged both. The first report was thrown out.

My solicitors refused to challenge the second report even though I had been diagnosed at Walton hospital and further tested at a brain injury unit after the report was written and both showed totally different diagnosis.

I was however referred for a further report by the second neurologist, this is for a neuro-psychology report.

I could ramble on here but I won't.

Ok PTSD has the same effects as PCS, that's what you need to concentrate on, I find the best help working this out is the american veterans association. They show how the symptoms are separated so you can identify what effect is due to one or the other. You say you have got PTSD, whatever symptoms manifested at that time is due to the PTSD and not the PCS. The symptoms of PTSD are never 'healed' and a bang to the head can trigger these symptoms again, so because you already have the symptoms they can always come back. That's how the insurance system works and you really need to get your head around it. Try to concentrate on symptoms that you never had before the PCS. Have you seen a neuro-psychologist on the NHS or private. Somehow you need to get assessed to identify the differences between ptsd and pcs.

The whole process so far has been a big problem. It's difficult to get your head around what's right and wrong and why when you are struggling just to get by on a daily basis you have to deal with all this crap too.

[halinbath]

I know exactly how you feel, went through the same process two weeks ago. I asked on here what was involved but even being pre-warned the personal nature of the questions and the intensity and suspicion was overwhelming. It felt like a boxing match and I eventually lost my temper and swore and ranted at the neuropsychologist which he seemed to enjoy. He explained at the end that he has to be SURE that my symptoms were caused by the accident as he may be asked to stand up and give his evidence in court but two weeks on and I am still having trouble recovering from the ordeal. Can't imagine what being questioned by the other side will be like, I will need to be physically restrained I think.

Good luck with your case, stay strong, we will get there.

[sospan]

Sadly it is all so familiar.

I had to go through not only the NHS assessments but three (Neurologist, NeuroPsychologist, Psychologist) from my solicitors and then the same from the defence solicitors.

Whilst doctors are supposed to be independent and work on the basis facts and not show any bias, they do get a lot of money from which ever side is paying them which must affect the opinions in their reports. The other problem you get in the UK is that most of the specialists "know" each other. So it is unlikely that there will be too much argument between differing reports especially if one side has a more senior specialist than the other.

It is something to go in and endure because if you try and be defensive or evasive or even cheat in the tests, it will be picked up.

The only suggestion would be that if the question becomes too difficult, request a break. This will do two things, demonstrate that you aren't robust and get tired and then secondly throw the specialist off their line of questioning.

There is light at the end of the tunnel

[pollyanne]

my OH went through exactly the same (same situation -drunk driver). Your solicitor should be helping you , either accompanying you or you should have someone with you. It seems to go on forever and you shoud be getting interim payments. in our situation the other sides medical examiners ended up being more pro our case! You feel like a performing seal, i know

but its a means to an end and you will get through it. You really need an expert solicitor who

specacialises in TBI injuries. our case took over two years and by that time we were pretty desparate financially and mentally and just wanted to move on!

[Annie-2]

I was lost for words initially when reading your post and felt a surge of emotions!

I will be on my 8th one of these assessments soon and that is not including other work and benefit assessments! Sadly, there is definitely something wrong with the whole system from my experiences. I realise that it needs to be honest, fair and robust, but repeatedly going through this sort of thing (which often also brings up painful memories from the past) and trying to recovery from an accident/the impact of a brain injury at the same time is VERY detrimental to the healing process.

I don’t know what the answer is , but all I know is the system as it stands does not appear to support the person who has sustained the injury.

My only bit of advice would be take a friend or relative with you and also take a break if you need to do so, as this can help a bit!

Good luck

[Shushy]

it’s hard but you need to bear with it I’m afraid. This person has to be sure of the case if they’re going to represent you in any way. It’s their reputation on the line too. My husband went through my any ideas these in the 7 years it took to settle his case but in court we understood why the examinations were so tough. The other side will try to prove your symptoms are not all related to the accident and that you’re trying to claim for more than you should. Insurance company solicitors can be pretty ruthless and your solicitor will be trying to ensure your case is water tight.

Try to get someone to go with you when you have to be examined. I always went with my husband even if I wasn’t in the room fir the examination, although usually I was able to go in.

Hope you get what you need; stick with it. Any compensation is never going to be enough for what you’ve been through but it will help. Be grateful that the laws around it have changed - my husband had to pay the DSS all of the money he’d received in benefits when his case was settled, and they took it before he saw a penny! I think they also pay for more years loss of earnings - Paul got only 15 years loss if earnings even though he was only 32 when he was injured with no consideration for what his potential earnings may have been. If that’s not been changed it should be!

[Elenor3]

Hi

I’m so sorry to read your post aand about your predicament. It seems ludicrous that any medical professional thinks it ok to cause further upset and emotional pain to someone in recovery from brain injury. What kind of a system is it that takes an injured person and makes them worse, just so that the ‘expert witness’ can earn a shedload of money and the insurance company who was happy to take the drunk drivers premium year on year can save some cash for their shareholders? It seems ridiculous to place the needs of the court above those of the sick and injured. I was sorry to read about what you’re going through, but shocked to read all the replies underneath mentioning similar experiences. So it seems lots of people experience this. When you have everything settled you should write and complain to the powers that be about the way you’ve been treated by these people. I wish you the best of luck with it all. It sounds awful. If anything you might take comfort that lots of other people get treated like this too if this is what is normal ? Do try to look after yourself. So sorry you’re going through this x