Brain Injury Blog
Brain Injury Blog

Brain Injury

From a legal point of view – by Michael Berrett



Accident Claims – Your Right to Choose Representation?


It is everyone’s nightmare to be involved in a serious accident. If the injuries take a while to resolve there is not only pain and restriction of mobility to deal with, but also the worry that these days your employer will not pay your wages in full for very long.

Paul Trincas

Paul Trincas

If the accident were someone else’s fault rather than your own, then you will probably look for a straight forward and speedy route to obtain compensation. After all you did not ask to be in the situation you find yourself.

On the face of it your own insurer might seem to be making the process easy.

Following notification of an accident, many insurers will send to the victim a pack including details of how to hire a replacement car and a solicitor who will deal with the recovery of your “uninsured losses”.

Sometimes the car hirer and the suggested solicitor are not situated close to where you live.

Taking the easy route and accepting what is offered can sometimes lead to problems. If car hire rates are significantly above what is available locally, the insurance company on the other side may challenge them and if you do not make a full recovery this might affect how you are assessed for insurance in the future.

In the same way firms of solicitors who undertake large volumes of personal injury work at a distance find that they have to limit Client contact time and the difficulty in having face to face meetings might lead to significant information being overlooked.

We find Clients want to change solicitors to us when they feel they are not being listened to. In one case we dealt with where the Client’s fractured arm was properly investigated, the fact that he had suffered a moderately severe brain injury was completely overlooked. Of course the majority of claims for personal injuries arising out of road traffic accidents are orthopaedic injuries. It is the cases where the type of injury are “mixed” or where other less common injuries subsequently surface, that these injuries might not be picked up and properly investigated.

It is as well then, to think carefully about everything that is offered to you “on a plate” following an accident. It may be in your interests to make some enquiries with one or more other firms of solicitors before making the choice as to what suits you best. “

For further information please contact Paul Trincas on paul.trincas@clmlaw.co.uk or 01793 771234

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Paul Trincas

September 3rd, 2016 at 3:05 pm