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Have you actually spoken to another firm of solicitors with a view to getting them to take on the claim?
We give legal advice from solicitors and barristers but we can’t take the claim on for you. We can point you in the right direction however.
I’m afraid that the experience that have had is not at all uncommon particularly with the very large firms of solicitors that run large personal injury teams whereby you are just another sausage in the machine.
There are a variety of things that you can do. You can make a complaint to the firms complaints partner about the lack of communication and the fact that although you have considerable loss of earnings, the solicitor dealing with this (it is likely to be a legal executive dealing but reporting to a solicitor) seems to be missing a whole load of points here.
If that doesn’t resolve the issue, then I suggest that you find a firm of solicitors who are closer to you but who would deal with this on a no win no fee basis and almost certainly have better communication. Almost any firm of solicitors would take this on for you because liability has already been admitted.
The new firm of solicitors would be required to give an undertaking to your current solicitors to pay their costs to date when the claim is eventually settled.
There are 2 kinds of damages. General damages and special damages. General damages are in respect of pain and suffering and cannot be quantified and they are pulled out of midair (or rather from an approved schedule of damages). Special damages on the other hand are those things which can be proved such as postage, loss of earnings, taxi fares, damage to vehicle et cetera.
If you haven’t already had a medical, then you should have had a medical by now to get a prognosis of how long your injuries are going to last and hence, how long you are likely to be off work.
You may be asked to prove that the reason you are off work is because of the injuries and that would need medical evidence.
The biggest complaint levied at any firm of solicitors is generally lack of communication. There may be nothing to report but the solicitor should convey that. The reason they don’t is that as soon as they pick up the metaphorical pen, they will charge for it and they can be castigated and charging for a letter which says “nothing to report”.
You need to take up the matter of the incorrect report with the solicitor with a view to having that taken with the expert who clearly wasn’t paying attention! It appears that you have already done this and the fact that he used a template for whiplash injuries is also worrying.
Do you have any other specific questions I can help with?
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