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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife was involved in a traffic accident two years ago.

Resolved Question:

My wife was involved in a traffic accident two years ago. Whilst stationary at a roundabout she was hit from behind by another driver. The other driver immediately accepted full responsibility and her car was repaired without any impact on her NCBs. She suffered whiplash and after seeing her GP was enrolled on a course of physiotherapy. This treatment has continued for the last two years with the costs being picked up by the thirds party's insurance. During this time she has been assessed on two times by an independent doctor assessor, the result of the last being that she has lasting damage to her neck that will require ongoing treatment. The third party's insurers want to settle the claim and has asked her to get legal support. Her car insurance policy whilst being fully comprehensive does not have legal cover. Neither does our house insurance. My question is how can we progress the case (that seemingly will be unchallenged as a result of the driver's acceptance of responsibility and the independent reports) and retain all of the damages due without having to go down the no-win no-fee route? i.e. is it possible to secure the services of a solicitor where we retain any damages in full and they reclaim their charges from the other party's insurers? Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What is the prognosis for the neck please?
Customer: replied 2 years ago.

Hello Alex

The final report from the consultant orthopaedic surgeon states - 'On balance based on the available clinical information, it is most likely that Mrs Yates would experience mild symptoms in her neck and right upper limb indefinitely "permanently" beyond the initial 24 months post incident. These residual symptoms beyond the initial 24 months post incident are unlikely to cause any significant functional restriction. She would require some modification to her work activities with adequate breaks in between.' In addition to this the accident has left my wife with increased nervousness whilst driving and so the consultant also states 'In view of the psychological symptoms that you may wish to consider a report from a psychologist'. No such report has been sought.

I hope that this provides you with what you require.

Thank you, Paul.

Expert:  Ash replied 2 years ago.
I would then seek a no win no fee Solicitor.
You really need to get a specialist report as the other side can't put a figure on until they know the exact prognosis. This is because there are guidelines as to what an injury is worth. However without the proper medical evidence its hard to properly quantify it.
But go to a no win no fee personal injury Solicitor. They can represent you and get the best award. But in light of the symptoms no-one is going to be able to put a figure on it.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thanks Alex

How do we commission another independent specialist report? Do we need to do this before we engage the solicitor as you describe (and if so with whom do we liaise and how do we ensure that our costs can be reclaimed) or can this be picked up as part of the no win no fee activities?

Paul.

Expert:  Ash replied 2 years ago.
The Solicitor would do this for you. Your costs are fixed by the rules about what can be recovered but will form part of the no win no fee.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex