The pressure to under settle your personal injury claim


A report by the Law Society’s Gazette has found that an increased number of individuals in personal injury cases are being forced to settle for less compensation than they are entitled to.

Accident Report

If you feel that this has happened to you then you can make a professional negligence claim against the solicitor or personal injury firm concerned.

Personal injury firms letting down their clients

The Gazette highlighted a number of ways in which solicitors are failing injured individuals so they are not receiving as much compensation as they could be entitled to.

The main reasons stated in the report include:
  • Reliance on under-qualified staff
  • Lack of face-to-face contact
  • Failure to read and understand medical reports and medical records
  • Not properly investigating issues in regards to loss of earnings
  • Inadequately investigating and considering future loss of earnings and pension loss
  • Failure to consider the effect of long-term injuries and the risk of complications in the future

Pressure to settle cases for less compensation

There is also some evidence that individuals are being pressurised to settle cases for reduced amounts without any face-to-face contact with their solicitors and are increasingly being asked to instruct solicitors nominated by their insurance company.

Reasons your personal injury case may be under settled

There are a number of reasons why your case might have been under settled:
  • lack of evidence
  • insufficient care
  • lack of experience or a mistake in valuing your claim.

If this has happened to you then you may well have a claim for negligence against the law firm or claims company that dealt with your case.

Getting the right compensation

At Simpson Millar LLP, we have seen an increasing number of enquiries from injured people who believe their solicitors have under settled their personal injury claims.

Unfortunately, these instances are on the increase, as personal injury firms face financial pressure because of recent changes to the personal injury market.

Phillip Gower, Personal Injury Solicitor at Simpson Millar LLP, is disappointed that the trend to under settle personal injury claims is on the increase. He said: "A solicitor and personal injury lawyer has a duty to properly value the claim and to negotiate the best settlement for their client. The vast majority of cases are settled, so the uncertainty and the expense of going to trial can be avoided."

"A solicitor must take care to assess the damages that their client has incurred, and to ensure that every aspect of the injury is taken into consideration - such as on-going symptoms, complaints and any risks for the future."

Getting legal advice

At Simpson Millar we can help you to make a claim against your professional advisor if your personal injury claim has been under settled. Phillip Gower is well placed to assess your claim and identify if any essential mistakes were made resulting in under settlement.

Please contact us today for free initial advice by calling 0808 129 3320 or sending your details via our online enquiry form or if you prefer you can email Philip directly.

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