Asking your solicitor to wind up a personal injury claim against a third party.

[Captain Haddock]

For info, this is in Scotland, but I presume RUK would be similar procedure.

A family member was run over in a hot-and run two years ago this month. She has been left with steel pins in her tibia and fibula, and his limited mobility in the knee movement. She also suffers from PTSD and panic attacks over the incident. The driver drove off, but was apprehended by members of the public. He admitted to Police that he committed the act and left the scene.

The issue, for the family member, is that there is still no end in sight with the case being settled between her legal firm and that of the perpetrator. FM is constantly being referred to multiple specialists, supposedly to build a water-tight case to present to the other side for maximum compensation. These continual referrals are upsetting the FM, and in May was referred to another consultant, who could only see her in December.

Whilst she appreciates that the legal firm is trying to maximise compensation, there is also the stress the continuation of this process is having on her. She has asked that, after this consultant makes his report, that the firm should proceed to settlement. The legal firm say that they want to continue to seek treatment for her, so that her case will not be 'under-settled;.

Two things are bothering her:-

• Can she ask the legal firm to settle, without them continuing to engage specialist after specialist?
• If she should die - this is a fear of hers - before case is settled, what happens to the case?

Thanks in advance.

[atticus]

I am not a scottish lawyer, so this may need to be treated with caution.

If your relly has signed a 'no win, no fee' agreement then this may constrain her ability to drop the case, as the solicitors have a financial interest in it.

[Captain Haddock]

Thanks, Atticus.

I've just asked. It is indeed NWNF, with 20% fee.