Need Guidance on changing your Personal Injury Solicitor?
Mon 24 January 2022
Our well recognised and experienced Personal Injury Team understand that if you have been involved in an accident it can be traumatic and emotional suddenly finding yourself injured.
Now, from nowhere, you may have to think about giving instructions to a legal team about both the circumstances of the incident as well as manage your injury.
We understand that this can be exhausting. Sometimes, for whatever reason, the relationship between you and the legal team that originally started your claim for you can become difficult leaving you feeling unsupported.
Joanna Bailey, Head of our Personal Injury Department answers some frequently asked questions on what to do if you have been in an injury causing incident, and, if you have a legal team, what to do if things are not progressing the way you would like.
1. I’ve been involved in an incident causing me injury, how do I know whether I have a claim?
The law sets out that you must be owed a duty of care by someone, that that must have been breached (broken) and caused your injury and any financial loss you want to claim. All three of these tests must be established for you to have a claim.
Sometimes, the breach of duty is easy to prove very quickly, for instance being involved in a road traffic collision as a passenger in a car. That is because you will have had no control of the car and your driver or the driver of another vehicle who caused the incident will have owed you a duty to drive in a reasonable way. It they did not, and the incident occurred, you can prove the first two tests.
You must still prove your injuries and financial loss are linked to the incident to have a claim.
2. Who can we help?
Our team act for people who have suffered severe personal injury and associated financial loss as a result of an accident.
3.I’m not happy with my current solicitor, what can I do?
Talk to your current legal team and explain why you are not happy. It might be you are not content with what is being said or done. A better explanation and some time to take you through what is going on hopefully will answer your concerns.
4. What can I do if even after seeking reassurance, the relationship with my legal team remains difficult?
This can happen. If you feel this way, one of our experienced members of the team can talk to you about how things are progressing and, in most instances, reassure you that it sounds like things are on track. We can not give you specific legal advice at this stage.
If the situation is not what a team member would expect from what you tell us, they can offer to look at your case without any obligation. Having assessed your case, we will tell you if we can take it on for you. This is usually on a “no win, no fee basis.”
5. How would I qualify for a “no win, no fee” agreement with you?
Each case we take on under a “no win, no fee” basis is assessed to consider how strong it is. We then decide if we can offer you those terms. If we can, we ask you to sign an agreement confirming those terms known as a “Conditional Fee Agreement”.
Under that agreement we may seek a success fee which is deducted from your damages. We can also claim a shortfall between the costs we incur running your claim and the costs we get from the opposition. This will be fully explained to you at the start of the process.
6.I’m worried about my current solicitors’ costs. What can I do as I have no money to pay these now?
:We can invite your current lawyers to agree to their costs being added to ours in running your claim. These costs will be paid once the case settles based on the agreement you have reached with us. This means you don’t need to pay your current legal firm any money relating to their costs until the end of your claim. When the case is won, we will put both solicitor’s costs to the Defendant’s insurers on your behalf
7. What happens when the case is won?
Once received we will pay your damages to you less any sums you have agreed with us. Additionally, your costs will be agreed and paid by the opposition.
We will discuss these matters with you once we agree to represent you and again at the point of settlement of your case.
The Taylor Rose MW Personal Injury Team have successfully brought to a conclusion cases originally started by some of the major players in the industry.
Small enough to care, Big enough to make a difference