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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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dental claim of around 35,000

Resolved Question:

I have a case at the moment against my dentist for around £35,000 The solicitor had brought in a barister that I know is essential to the case but its been going on for over three years. i was offered £15,000 but my solicitor advised against taking that offer. Now the case has netted the solicitors more than £84,000 and I cant understand why the other side is allowing these fees to just go on and on when they could have settled the claim with me for under £30,000. Ive just received another letter from my solicitors stating that as I may not be in a position to fund disbursements they are teaming up with VFS legal funding unless I can fund myself. I cant as I cant even afford dental treatment to correct the problems caused by my dentist. I feel like they have put me in a corner, they know Im just an elderly pensioner with a very tight budget and each penny is accounted for. Can I take the case to an ombudsmen or could I approach the other side to settle on the amount Ive claimed before the fees go any higher.
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

Are you saying that you have paid the solicitors £84,000 out of your own pocket?

Have you complained to the solicitor and raised your concerns with them directly?
Customer: replied 3 years ago.

No i havent paid the solicitor, the £84,000 is fees incured by my solicitor who will claim that from the insured if i win my case. The insured offered me £15,000 but my solicitor advised me to refuse it. I cant understand how the insured is allowing these amounts when they could have settled my claim for around £30,000. my health has been affected and compensation is within the amount im claiming but my health isnt good because of the stress
please what can I do. can i approach the insured to settle on the amount Ive asked for to save further costs.
thank you
Expert:  Alice H replied 3 years ago.
OK understood.

It would not be advisable to approach the insurer directly for two reasons:

1. As a non-lawyer you may inadvertently say something which harms your case - you could end up with nothing;

2. You may end up being liable for your solicitors fees if your actions result in the case being lost.

If you are unhappy with the service that you've received, your first port of call should be to lodge a complaint with the solicitor's firm. If you are unhappy with their response to the complaint then you have six months to complaint to the Legal Ombudsman.

Alex

Expert:  Alice H replied 3 years ago.
OK understood.

It would not be advisable to approach the insurer directly for two reasons:

1. As a non-lawyer you may inadvertently say something which harms your case - you could end up with nothing;

2. You may end up being liable for your solicitors fees if your actions result in the case being lost.

If you are unhappy with the service that you've received, your first port of call should be to lodge a complaint with the solicitor's firm. If you are unhappy with their response to the complaint then you have six months to complaint to the Legal Ombudsman.

Alex
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