Personal Injury litigation is a specialized area of law although you could be forgiven for having thought otherwise following the number of claims handling companies that have sprung up in recent years.
Whilst there may be a claim where there's blame, unfortunate Claimants have also found that in some cases there have also been huge premiums deducted from meager compensation.
And who to complain to? Many Claimants haven't even met the person representing them, instead dealing with a voice at the end of the phone in another part of the country.
Most motor insurance policies now include, as standard, legal expenses cover to pursue claims for injuries following a road traffic accident (RTA).
Similarly, many household insurance policies include cover to pursue other injury and accident claims.
This cover is commonly referred to as before the event (BTE) insurance.
Insurers may try and persuade you to use their panel solicitors but European legislation suggests that if you are to commence legal proceedings you should be entitled to nominate the solicitor of your choice.
Why would you want to instruct a solicitor in another part of the country when you can instruct a firm local to you? Unfortunately, so much can be missed in just dealing with matters over the telephone or by correspondence.
For example, "I was consulted by a Claimant who called to see me because he wanted a second opinion on an offer made in his claim.
He lived in Cornwall.
His solicitor was in another part of the country, they had never met.
His solicitor was recommending acceptance of the offer.
Our discussion brought out additional information from the Claimant from which it was clear the offer was much too low.
The Claimant transferred instructions and within a short space of time we had settled the claim for three times as much as the offer he was being advised to accept.
The chances are that the information that he gave me may not have been raised over the course of a brief telephone call".
If you do not have existing legal expenses cover, you will probably want to proceed with a personal injury (or accident) claim under a No Win No Fee Agreement and purchase after the event (ATE) insurance to protect against having to pay your opponent's legal costs if you are unsuccessful.
Some solicitors advertise the fact that they are "panel" members of a personal injury ATE insurance scheme.
However, such schemes generally require the client to purchase ATE insurance only from the insurer running the panel.
We looked long and hard at these schemes and took the decision not to join so this gives the freedom to seek insurance cover to suit the individual Claimant.
No two people are alike just as no two accidents are the same.
Each injured person has different concerns, different financial constraints and each requires individual advice and assistance.
A professional yet sympathetic approach to each new Client and claim is required.