Why wouldn’t you use a Solicitor when you are making a personal injury claim?

18th Apr 2018

In the last fortnight alone this firm has encountered three occasions when people have contacted us because they have either not previously obtained any legal advice in respect of their personal injury claim, or because they have become disillusioned with the panel solicitors to whom they have been directed - often by their motor insurers.

Insurers are often reluctant to encourage people to seek legal advice when they are bringing a claim, even though it ensures that both parties deal with matters on a fair and equal footing and that all aspects of the case are investigated, documented and claimed.

Insurers will invariably try to resolve personal injury claims with individuals direct to avoid an obligation to have to pay the solicitors costs of conducting the claim on behalf of the injured party. They are obliged to pay those costs in addition to the compensation they pay to the injured person.

Only by engaging a solicitor who has a full understanding of the elements relevant to a claim, whether with regard to fault or perhaps more frequently in respect of value, can the individual concerned recover the level of compensation to which they are justly entitled. Too many occasions arise where individuals appear to be inhibited or discouraged from seeking legal advice, in circumstances where from our experience a greater level of compensation is ultimately recovered than might otherwise have been achieved had the individual attempted to resolve the matter themselves direct with the insurer.

This should come as no surprise given that there is no reason to suppose that the individual concerned necessarily has an appreciation of what they are entitled to. What should also be recognised is that having a qualified solicitor or legal executive who is experienced in dealing with claims and who handles the claim from start to finish, is far better than engaging an individual who in many instances is unqualified and where if contact is made invariably different individuals will be involved in the claims process.

All too often my colleagues and I are also contacted by clients who have been let down by the insurers panel solicitor who are often no more than call centres processing information in line with a set procedure. Often your personal injury claim cannot fit a procedure and it is then that the clients are let down by a failure to investigate the case fully and to fully evaluate the true value of the claim.

We often find ourselves having to rescue these cases from failure at the eleventh hour to achieve the right result.

It makes good sense to seek advice in both these situations and Rogers & Norton are able to provide that service. If either of these situations apply to you we would recommend that you seek advice at the outset and do not hesitate to contact our solicitors Tim Nobbs and Mark Hambling who head up our personal injury and clinical negligence departments.

This firm conducts work on a no win no fee basis and a full explanation of what that involves will be provided at the time that you contact us.

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