What Happens when Someone Mishandles your Claim?
Dealing with the consequences of an accident is traumatic to both you and those close to you. Quite often there are financial worries associated to your injuries resulting in time off from work and expense being incurred. It can be a worrying experience.
Your solicitors in whom you put your trust are there to steer you through all the complexities and recover the correct level of compensation to put you back on track. You accept the advice they provide as they are acting on your behalf and in your best interests. When you are told the settlement offer is good you accept that.
It therefore comes as a shock and a big disappointment to find they may have mishandled your claim
and the amount you received by way of compensation was wrong.
Too many cases are being settled too early. The correct questions and enquiries are not being made. There is often a failure to understand the medical evidence and where necessary, raise appropriate issues with the expert who undertook the examination.
There is an overuse of standard letters, the majority of which contain some information, a lot of the time not specific or of relevance to your claim, but do not always contain advice.
The days of seeing a solicitor face to face or even speaking to them over the telephone are a distant memory in some firms.
Common failings in personal injury claims
All of these may give rise to your entitlement to seek compensation from your solicitor.
- Settlement before a full recovery has taken place;
- Settlement at too low a level;
- A failure to recover loss of earnings;
- A failure to recover pension losses;
- A failure to ensure all out of pocket expenses have been included in the claim (additional heating costs, travelling expenses, medical costs);
- A failure to recover the cost of assistance provided to you with everyday tasks which you now struggle to do (Eg,cleaning, gardening, diy, decorating);
- A failure to recover the costs of someone providing you with care and assistance both immediately after the accident and into the future (regardless of whether it is paid for or provided free of charge by a family member or friend);
- Sometimes no compensation is received and you may have been told the time for bringing your claim has now run out. This can often be due to your solicitor’s failure not yours.
- Some cases which involve the court process are often struck out because of a failing by your solicitor to comply with a court order in completing a step by a due date or in failing to lodge certain documents with the court which is not your fault.
At Simpson Millar we can help.
Simpson Millar recover millions of pounds each year in compensation for those injured through no fault of their own. We know what your entitlement is and are therefore best placed to review your case to see if you were correctly compensated.
We have a specialist professional negligence
unit who can review your case and if they believe the amount you should have received is greater than the amount you did, we will recover compensation for you.
We will review cases on a No Win No Fee
basis and if we believe there is an entitlement because your original solicitor has let you down, we will help to put things right.For a free discussion about your potential claim do not hesitate to contact us, as there are time scales within which claims against solicitors can be brought. The sooner you contact us the better.