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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I am considering taking civil action against a therapist.I

Resolved Question:

I am considering taking civil action against a therapist.I put in a complaint about him which was up held but he has no insurance in place.
What are my options?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is the complaint for?

Customer:

Hello ben,

Customer:

The complaint was mainly for emotional harm caused by the therapist.

Ben Jones :

And can you please provide more details of what actually happened as it will affect your rights. Thanks

Customer:

Hello Ben, I don't really want to go into the harm caused as it is quite personal but it was my intention to bring civil action against the therapist if the complaint was upheld.I was hoping to instruct a solicitor to take this forward on a no win no fee basis, but I am not sure if a firm would take this on if the therapist has no insurance in place. What are your thoughts?

Ben Jones :

Well first of all you need to be clear on what you want to sue the therapist for. If you are after compensation for emotional harm, then it would not really be possible unless you can show that you have suffered a serious psychiatric illness. So your chances of success and level of compensation would depend on how seriously you were affected by this and whether it can be shown that it was due to the therapist’s negligence. It means comparing their actions to those of a reasonable therapist with the same level of experience and determining if they fell below the standard expected of them. So there are a few legal requirements you must meet before you are able to show any liability on their part.


 


The fact that the therapist does not have insurance does not mean that you cannot sue them but you must take into account the potential risks involved with taking legal action against them. Just because you win a court case does not mean that you are guaranteed a pay out. The therapist could ignore the judgment and bury their head in the sand. It is then for you to start enforcement proceedings to try and pursue the judgment and enforce it against them. You will inevitably have to spend more money to do this until you find an enforcement method that actually works.


 


As to a no win no fee lawyer, it is certainly possible to find one but you may have to contact several firms before you get the one that is prepared to take your case on. You will be looking for personal injury solicitors and you may search for those local to you using the Law Society:


 


http://www.lawsociety.org.uk/find-a-solicitor/#formtop


 

Customer:

Many thanks for that Ben

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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