Changing solicitor during personal injury claim

[Prosperous1]

I had a fairly serious car crash over 2 years ago where a car pulled out of a side road onto major road (sun in eyes) and I t boned it at near on 30mph.
Liability admitted immediately. Vehicle paid out within 2 weeks.
Whiplash which was fully recovered after 9 months. Serious shoulder injury which required 3 cortisone injections. X rays ct scan and then an operation under general anaesthetic followed by months of physio.
Claim dropped out of portal due to severity. Turned down 10k (before solicitors cut) when TPI where informed I was fling for an operation.
Solicitor is absolutely pathetic. Had all.competed medical records , surgeon notes, x rays scans and physio records and didn't provide them to the medical expertin a legible format for 5 weeks. First time some were missing next time password didn't work for file then they ended up sending hard copies to ensure they could be read. Then medical expert was on holiday so couldn't do addendum to report. Solicitor has lied and made up guarantees of wine addendum will be received which never materialise and still no final medico legal received. Next step is a complaint by the solicitor to the medical agency who they are in bed with.
I have asked for a different tram and solicitor to handle my case as I feel it is not being handled efficiently. Request refused. I can complain but will take 8 weeks to get a reply.
I'm seriously thinking of moving solicitors but am worried that the current solicitor will be obstructive. Can anyone offer advice on how best to proceed please.

[wales01man]

Re: Changing solicitor during personal injury claim

What were the terms and conditions of your contract with this Solicitor

[Prosperous1]

Re: Changing solicitor during personal injury claim

No win no fee. 25 percent of compensation.

[wales01man]

Re: Changing solicitor during personal injury claim

Must be a clause that's sets out what happens if you dispense with them before completion of all the claim

[Prosperous1]

Re: Changing solicitor during personal injury claim

I will try and dig out the original paperwork. If it helps it's a large firm of solicitors that make annoying adverts and have had rulings against them by the asa....

[R0b]

Re: Changing solicitor during personal injury claim

Wouldn't surprise me if it is Irwin Mutchell you are talking about here putting in a complaint would be the right process and then also going to through the legal ombudsman if you are not satisfied.

You could switch solicitors but usually they will not release the papers to your new solicitors unless they get some kind of undertaking from them that their costs will be paid for the work done so far - assuming you are on a conditional feel arrangement.

[Prosperous1]

Re: Changing solicitor during personal injury claim

It's not Irwin Mitchell. Let me tell you bout an accident I had.......based in liverpool ;-)
I did get a letter off them a while ago telling me that costs incurred so far were about 12k. This was for my information only and no payment was required from me. This was just after the claim dropped out of the portal system. I rang them mortified at this and they said it's just for info and it's what the claim would have cost if instructed privately.???

I have asked about transferring and they said as long as their fees are paid they will release file in 40 days but I don't trust them at all.

If I ask for a copy of my agreement with them or the terms and conditions are they obliged to send on. Also is there anything else I should ask?

[R0b]

Re: Changing solicitor during personal injury claim

Oooh Hampson Hughes? I did a bt of work for them for a short period a couple of years ago. I wasn't working in the RTA side but they should be able to send out a copy of your agreement pretty easily. Whenever an account is setup on the system the agreement and all relevant paperwork will be the first to go on file which can be easily printed off.

Not sure what's in their T's and C's but you may either have to pay or get your new solicitors to give an undertaking that if they release their papers they will be paid.

With the costs they will always be inflated to allow for maximum return. Once the matter is completed and you've been paid out it will usually go to a costs draft man who will negotiate their legal fees so just because their fees are 12k it's unlikely they will get the full 12k, there will be scope for accepting less e.g. 9k. All depends on the work that's been done but for a period of 2 years, I can't say that's really bad, perhaps the 8-10k range might be more realistic but of course we can't see what work has been charged on your account to give any indication.

Put in your formal complaint, highlight the errors and how you want it to be rectified. If you are not satisfied then you have the right to forward your complaint to the Legal Ombudsman who will investigate. I do not think it would go that far but I do recall The RTA side being really busy at HH as file handlers will have up to 70-100 files at anyone time perhaps more if experienced.

[Prosperous1]

Re: Changing solicitor during personal injury claim

Thanks. They took my complain over the phone and I've had written acknowledgement. The issues are they have lied to me about having a cAston iron date for having the medical legislation report addendum which has come and gone. It's been over 9 weeks since they were in receipt of full NHS records and for the first 5 weeks they weren't sent to theit medical expert completely causing a delay. They then sent out a letter causing more distress claiming they were awaiting medical records from hospital . When questioned they said this was sent in error they have all records. I've had 11 different file handlers through the case so far. The current team is the most inefficient to date. Emails aren't acknowledged. You call to chase and it's like you're pissing them off. I have asked to be moved to a different team within JH but they have refused as my solicitor is more than capable of managing the claim. From my experience it's just apprentices with headsets that don't have a clue or manners...
They will get back to me within 2 weeks to let me know the next steps. Either invite me for a meeting to resolve or someone not connected with the case review it and give their findings. They really do seem like they are making it up as they go along and I'm so frustrated

[Prosperous1]

Re: Changing solicitor during personal injury claim

I've just spoke with them and they're sending me out a copy of the conditional fee agreement today. I'm assuming this will cover leaving them early?

[Amethyst]

Re: Changing solicitor during personal injury claim

It should do yes, unfortunately most of these kinds of agreement will be that they charge you for time spent on your case at full rate, which does trap you somewhat. However if you are not receiving the service you feel your case needs then you should make a complaint via their complaints process. When you turned down the £10k offer was that on advice ? What are you expecting/hoping to get overall ?

[Prosperous1]

Re: Changing solicitor during personal injury claim

The reason the £10k offer came about was that in december when I was due to go for my operation I asked if I could have an interim payment. The TPI asked for my medicolegal to date which they were given. This just showed a shoulder injury that had not healed and would likely need an operation. I was due for the operation in 2 weeks and as im self employed wanted the money to help with time off work. When they realised the severity they advised it be dropped out of portal , declined my interim but made a Full and final of 10k. This was seen as an attempt to close the claim quickly and cheaply as they knew i was in financial hardship. Like the solicitor said they dont know how the TPI had valued the claim as without the full medic legal and knowing the outcome of the operation they couldnt put a rough value on it but felt this was low.
I have a friend who used to work at an insurance company and they paid out a less serious shoulder injury at £26k
This is a serious shoulder injury that has had...
1 ct scan
1 mri scan
3 cortisone injections
19 physiotherapy session
Operation under general anaesthetic comprising off Sub acronial decompression and capsule release, bursur removal and debridement of the long head of the bicep. Left with 3 scars from the surgery (which aren't too bad tbh)

I dont know a value, Going of the limited info I have Im hoping for upwards of £20k My solicitor is useless and wont give a figure until they get the full medico legal, and as they're in bed with the medical agency, this will turn up whenever they get round to it, Its already been over 3 months....

- - - Updated - - -

And yes I was advised by my solicitor to reject the offer.

[Prosperous1]

Re: Changing solicitor during personal injury claim

Received copy of signed conditional fee agreement as I requested. It makes no mention of moving solicitors prior to completion. Any further help please

[R0b]

Re: Changing solicitor during personal injury claim

Is there any reference to retention of file for non-payment, or what about any clauses about not pursuing the claim any further?

If you are able to upload the T's & C's that would be helpful

[Prosperous1]

Re: Changing solicitor during personal injury claim

Hi Rob. This is all they have sent me. No mention of any of that in here...