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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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After trying to claim against an eye injury I have been dropped

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After trying to claim against an eye injury I have been dropped by the solicitor after two and half years. They have based there decision in a barristers opinion of a 50/50 win and neither were willing to peruse the case, however I don't feel they put forward the relevant points and focuses on matters that we irrelevant. Now no other solicitor will take it on and I'm nearly out of time. What can I do and is there a redress procedure?
Hello my name is ***** ***** I will help you with this.Did you ask your Solicitors for a second opinion from a Barrister please?
Customer: replied 2 years ago.
I'm undecided about the phone as yet as I've just paid 56 pound for this.
The solicitor got a second opinion which was the same 50/50 response. They however didn't mention again about the fact there was a document stating no PPE was required, they focuses on the fact no PPE was being worn!
Ok - were proceedings ever issued?
Customer: replied 2 years ago.
No, I don't think so. What does that actually mean? When the barrister responding for the second time that was it really.
Ok - proceedings issued means a claim was submitted to Court. If not then you have to do this 3 years otherwise the claim is time barred.As for getting someone else to do it, you are free to seek an opinion from another firm of Solicitors. They will get you to sign a form of authority for the transfer of papers and you can get another Barrister to look at it. It may be that it really is 50/50 because you need 51% to win in Court. If it is then you may not get a no win no fee, but may be able to pursue a claim if you pay a Solicitor private. If you are confident in your case this may be an option.But your existing Solicitors may want an undertaking on costs, that if you win their costs are paid.But unless your agreement with your Solicitors stop you, then you are entitled to go to a different firm and seek alternative advice. But you cant force your old Solicitors to act for you, if they consider prospects not enoughCan I clarify anything for you about this today please?Alex
Customer: replied 2 years ago.
Proceedings weren't issued then because I'm running out of time. I'm annoyed it took over two and half years to come to the conclusion, other solicitors have said they aren't interested based in all the info given and aren't willing to try and make headway,so far,I can't persuade them to focus on the right areas. The parts about the old solicitors claims are all valid, they will want paying if I go solo and win. So it probably isn't worth the risk of doing it alone as there's probably be nothing left . Is there anything I can do about the solicitors taking so long? I feel they have heap prised it all by dragging there feet.
Yes indeed. If proceedings were not issued then they ought to be within 3 years.You can't do anything about Solicitors taking so long as things do. But try complaining to the firms Complaints Partner, they will have someone designated.You may even have legal cover if you have home or motor insurance that could cover you.Can I clarify anything else for you?Alex
Customer: replied 2 years ago.
It was an industrial accident where I spiked my eye on a metal spike that had been left sticking out by whoever had installed it. The document to get me to do the work said no ppe required as it was a working college and not a building site, the accident happened and I was not wearing glasses when I went into the ceiling void where the accident happened. The opposition all denied everything which they would do, my solicitor and barrister decided I couldn't win because no one had asked me to go into the ceiling void and I did it off my own back so took my own risk!!! Do you think I have a case or are they right.
I think based on what you have said, you do have a case.You had no PPEDoes that help?Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
That's what I think but have no where to go with it. Even online solicitors don't want it when I say that two barristers have dropped it. Screwed I think !
Good luck in any event