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Hello folks, I am in need of a fresh opinion regarding an ongoing personal injury case I have against the Motor Insurers Bureau. I have a solicitor representing me in this matter however the claim has got to a point where I find myself questioning the solicitor and everything else. What I am after ideally is someone who can either give me advice or point me in the direction of someone who could give me advice with regards to whether or not what I am being told is correct and how, if at all, I might be able to start making noise (complaining, etc) in order to see a more successful resolution of my case. I will give a brief summary of relevant events in my case so far but I am happy to provide everything to anyone who might be able to help.
The summary of events so far as is follows:
February 2014 - Date of road traffic accident. I was on a motorcycle and sustained a broken shoulder (humeral head), broken elbow (olecranon) both to the right arm and a severe gash as well as soft tissue injury to the right knee. I was hospitalized for several days and had surgery to repair both broken bones. The driver who caused the accident left the scene. I was a head chef for a pub at the time of the accident
March 2014 - Shortly after leaving hospital I instructed a solicitor from White Dalton after doing some research into the matter. The claim was then put into the MIB under the untraced drivers act.
October 2014 - Liability was established for my case by the MIB. The driver who left the scene and was never traced was found 100% liable for the accident
October 2014 - After months of intense physiotherapy I started full time work again for the first time since the accident. My long period of absence forced me to leave the job I had been doing at the time of the accident.
January 2015 - I was seen by a medical expert (orthopaedic surgeon) in order to have a medical report drafted as evidence for the case
January - April 2015 - I started to struggle with the physical demands of the job (another chef role). Pain in the shoulder was building and getting worse.
May 2015 - I am forced to leave full time employment because my performance dropped off a cliff and I couldn't handle the pain. I re-visit the physiotherapist at this time who forwards my information to Addenbrookes Hospital to find out what is going on.
August 2015 - The medical experts report finally comes in. It was full of errors and allowed for no possibility of future problems (arthritis, etc). It contained clean dates for when I would be 100% recovered (January 2016) as well as indicated I would not be at a disadvantage on the labour market despite stating I had significant reduction in joint movement. I complained about this report extensively writing a several page response to it. These concerns were forwarded back to the other side.
September 2015 - I am finally seen by a consultant at Addebrookes Hospital who after looking over my x-rays informs me that I have developed avascular necrosis on the humeral head with a partial collapse of the humeral head. He also noted that several screws of the metal work in the elbow had loosened and shifted and that this would need attention. He advised I no longer peruse my career and gave me a good idea of what I could expect in the future (namely further deterioration of the shoulder joint until such time that I become eligible for a joint replacement procedure. As of this date I was 31 and the consultant advised they wouldn't consider this for me for a number of years).
January 2016 - The medical expert finally responds to the concerns I made about his original medical report. He advises I be seen again and that I have my recent medical history reviewed.
April 2016 - I am reviewed by the lead orthopaedic consultant at Addenbrookes and due to the deteriorating nature of the metal work I am listed for surgery to have the metal work removed. At the same time he suggests a capsular release to make my shoulder easier to move. His prognosis regarding the avascular necrosis is the same as the consultant who saw me in September 2015
April 2016 - I am seen by the same medical expert in order to have another medical report drafted. The expert seemed impatient and rude. He changed a number of things in the original report following the complaints I made and upon examining me quickly seemed satisfied that my problem was a frozen shoulder despite me stating what was actually wrong. Upon hearing I had been listed for surgery he concludes that he can't make a prognosis and states he will be suggesting I be reviewed in a years time (April 2017).
April 2016 - I write a long complaint to my solicitor regarding the rudeness and dismissive behaviour of the medical expert. This is ignored as was a second complaint sent in mid March.
September 2016 - I have my surgery - there were minor complications which led to me being hospitalised for one night but recovery was quick.
September 2016 - The medical expert finally submits his report. The medical expert has made no attempt to look at my medical history and indeed has only submitted that I be re-examined in April 2017.
September 2016 - I write a formal response to my solicitor regarding the most recent medical report in which I make it clear that the medical expert has failed to do his job (namely has failed to review recent medical history) and as such has submitted an unacceptable medical report. I provide my solicitor evidence from my medical history showing my clear diagnosis of avascular necrosis made a year earlier. In this response I indicate that I want to see a medical expert who is going to do the job properly.
Today - I received a letter from my solicitor notifying me that the MIB is unlikely to send me to a different medical expert and that if I wish to proceed with this I would have to pay for it. He states that he has forwarded my concerns back to the medical expert for a response and indicates that I won't be examined again until the date set by the medical expert - April 2017. Also the MIB have now offered to settle the medical side of the case for £17500.
Apologies if that summary was a bit on the long side
I am feeling at this point extremely burned out by this process. Since April 2014 I have been sleeping on a mattress in a good friends living room simply because splitting the rent of his one bedroom flat is all I have consistently been able to afford with the disruptions to work. My life has gone from having a great outlook with a well paying stable job to completely shit with 0 prospects which makes me wonder just what the point is.
I feel like my case is being run by a bunch of people who simply have no desire to do their jobs. Of the concerns I raise to my solicitor only half ever seem to be addressed. The medical expert has consistently failed to do his job and the claims handlers at the MIB have done nothing but added delay after delay to this process. There must be something that I can pro-actively do in order to start addressing some of these issues to move my case forward.
As I stated above I am very happy to share every aspect of this case with someone who has the knowledge to advise and help me. I feel I am being treated unfairly by people who have failed to do their jobs and are only interested in their short term gains at the cost of my long term future.
The summary of events so far as is follows:
February 2014 - Date of road traffic accident. I was on a motorcycle and sustained a broken shoulder (humeral head), broken elbow (olecranon) both to the right arm and a severe gash as well as soft tissue injury to the right knee. I was hospitalized for several days and had surgery to repair both broken bones. The driver who caused the accident left the scene. I was a head chef for a pub at the time of the accident
March 2014 - Shortly after leaving hospital I instructed a solicitor from White Dalton after doing some research into the matter. The claim was then put into the MIB under the untraced drivers act.
October 2014 - Liability was established for my case by the MIB. The driver who left the scene and was never traced was found 100% liable for the accident
October 2014 - After months of intense physiotherapy I started full time work again for the first time since the accident. My long period of absence forced me to leave the job I had been doing at the time of the accident.
January 2015 - I was seen by a medical expert (orthopaedic surgeon) in order to have a medical report drafted as evidence for the case
January - April 2015 - I started to struggle with the physical demands of the job (another chef role). Pain in the shoulder was building and getting worse.
May 2015 - I am forced to leave full time employment because my performance dropped off a cliff and I couldn't handle the pain. I re-visit the physiotherapist at this time who forwards my information to Addenbrookes Hospital to find out what is going on.
August 2015 - The medical experts report finally comes in. It was full of errors and allowed for no possibility of future problems (arthritis, etc). It contained clean dates for when I would be 100% recovered (January 2016) as well as indicated I would not be at a disadvantage on the labour market despite stating I had significant reduction in joint movement. I complained about this report extensively writing a several page response to it. These concerns were forwarded back to the other side.
September 2015 - I am finally seen by a consultant at Addebrookes Hospital who after looking over my x-rays informs me that I have developed avascular necrosis on the humeral head with a partial collapse of the humeral head. He also noted that several screws of the metal work in the elbow had loosened and shifted and that this would need attention. He advised I no longer peruse my career and gave me a good idea of what I could expect in the future (namely further deterioration of the shoulder joint until such time that I become eligible for a joint replacement procedure. As of this date I was 31 and the consultant advised they wouldn't consider this for me for a number of years).
January 2016 - The medical expert finally responds to the concerns I made about his original medical report. He advises I be seen again and that I have my recent medical history reviewed.
April 2016 - I am reviewed by the lead orthopaedic consultant at Addenbrookes and due to the deteriorating nature of the metal work I am listed for surgery to have the metal work removed. At the same time he suggests a capsular release to make my shoulder easier to move. His prognosis regarding the avascular necrosis is the same as the consultant who saw me in September 2015
April 2016 - I am seen by the same medical expert in order to have another medical report drafted. The expert seemed impatient and rude. He changed a number of things in the original report following the complaints I made and upon examining me quickly seemed satisfied that my problem was a frozen shoulder despite me stating what was actually wrong. Upon hearing I had been listed for surgery he concludes that he can't make a prognosis and states he will be suggesting I be reviewed in a years time (April 2017).
April 2016 - I write a long complaint to my solicitor regarding the rudeness and dismissive behaviour of the medical expert. This is ignored as was a second complaint sent in mid March.
September 2016 - I have my surgery - there were minor complications which led to me being hospitalised for one night but recovery was quick.
September 2016 - The medical expert finally submits his report. The medical expert has made no attempt to look at my medical history and indeed has only submitted that I be re-examined in April 2017.
September 2016 - I write a formal response to my solicitor regarding the most recent medical report in which I make it clear that the medical expert has failed to do his job (namely has failed to review recent medical history) and as such has submitted an unacceptable medical report. I provide my solicitor evidence from my medical history showing my clear diagnosis of avascular necrosis made a year earlier. In this response I indicate that I want to see a medical expert who is going to do the job properly.
Today - I received a letter from my solicitor notifying me that the MIB is unlikely to send me to a different medical expert and that if I wish to proceed with this I would have to pay for it. He states that he has forwarded my concerns back to the medical expert for a response and indicates that I won't be examined again until the date set by the medical expert - April 2017. Also the MIB have now offered to settle the medical side of the case for £17500.
Apologies if that summary was a bit on the long side
I am feeling at this point extremely burned out by this process. Since April 2014 I have been sleeping on a mattress in a good friends living room simply because splitting the rent of his one bedroom flat is all I have consistently been able to afford with the disruptions to work. My life has gone from having a great outlook with a well paying stable job to completely shit with 0 prospects which makes me wonder just what the point is.
I feel like my case is being run by a bunch of people who simply have no desire to do their jobs. Of the concerns I raise to my solicitor only half ever seem to be addressed. The medical expert has consistently failed to do his job and the claims handlers at the MIB have done nothing but added delay after delay to this process. There must be something that I can pro-actively do in order to start addressing some of these issues to move my case forward.
As I stated above I am very happy to share every aspect of this case with someone who has the knowledge to advise and help me. I feel I am being treated unfairly by people who have failed to do their jobs and are only interested in their short term gains at the cost of my long term future.
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