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Solicitor Pressure.

  • 08-07-2013 1:21pm
    #1
    epcol
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hi I am new here and this is my first post. Myself and my sister have a Personal Injury claim ongoing at the moment. Recently the IB have sent my sisters case forward to the courts but my assessment is due in a few weeks and my solicitor seems intent on going to court. I have been to a number of consultants and IB doctors and i have a proven injury but it is getting better. My question is that if it does go to court and my injury has cleared up how would that affect me in court plus i get the feeling that my solicitor wants me to act as if my injury(back injury) is a 24 hr thing:-( .


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    The major concern is whether a court may award an amount which does not exceed the amount of the IB assessment of damages. It's a very practical concern but it isn't something that can be dealt with here, really.

    You should definitely ask your solicitor about this.

    EDIT: If you are unhappy with your solicitor, you should get a new solicitor.


  • #3
    Corkbah
    Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    is it possible that the solicitor believes that the IB assessment offer will be lower than the value he/she places on the injuries ?


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Corkbah wrote: »
    is it possible that the solicitor believes that the IB assessment offer will be lower than the value he/she places on the injuries ?

    What is likely to happen is that the solicitor will wait to get the assessment and then decide whether it is sufficient. He may get Counsel's opinion on the adequacy of damages, if he is unsure.


  • #5
    Corkbah
    Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    epcol wrote: »
    Hi I am new here and this is my first post. Myself and my sister have a Personal Injury claim ongoing at the moment. Recently the IB have sent my sisters case forward to the courts but my assessment is due in a few weeks and my solicitor seems intent on going to court. I have been to a number of consultants and IB doctors and i have a proven injury but it is getting better. My question is that if it does go to court and my injury has cleared up how would that affect me in court plus i get the feeling that my solicitor wants me to act as if my injury(back injury) is a 24 hr thing:-( .

    If your injury has cleared up - thats not a problem for the courts - the medical reports will show that your suffered an injury and roughly how long before you were back to normal.

    I doubt your solicitor wants you to lie, but if you are getting better well and good, sometimes people suffer when the weather gets cold (so its possible that when winter comes around you may feel twinges or aches/pains) .... if your injuries have cleared up ... just say that .... at the moment everything is fine, the pain is intermittent - doesn't happen all the time, may not have happened in a few weeks/months, but it was there and is thankfully not there at the moment.


  • #6
    epcol
    Registered Users, Registered Users 2 Posts: 2 ✭epcol


    Corkbah wrote: »
    If your injury has cleared up - thats not a problem for the courts - the medical reports will show that your suffered an injury and roughly how long before you were back to normal.

    I doubt your solicitor wants you to lie, but if you are getting better well and good, sometimes people suffer when the weather gets cold (so its possible that when winter comes around you may feel twinges or aches/pains) .... if your injuries have cleared up ... just say that .... at the moment everything is fine, the pain is intermittent - doesn't happen all the time, may not have happened in a few weeks/months, but it was there and is thankfully not there at the moment.

    Thank you. Sometimes its just all business with the solicitor and i feel pressured to keep him happy and go with the flow. He is very good. I guess the thought of this going on for another few years is stressing me out. He keeps telling me not to lift anything in case a PI is watching me but sometimes i have to even though my back is killing me. Then u get paranoid about what if they spot me. Stressed out i tell u.


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  • #7
    McCrack
    Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    If you are still symptomatic it is never advisable to accept the PIAB Assessment. More often than not people get a fairer (more) amount of compensation once legal proceedings are issued. Also bear in mind most personal injuries actions do not see the inside of a courtroom. They settle out of court.


  • #8
    kennM
    Registered Users, Registered Users 2 Posts: 603 ✭✭✭kennM


    epcol wrote: »
    Hi I am new here and this is my first post. Myself and my sister have a Personal Injury claim ongoing at the moment. Recently the IB have sent my sisters case forward to the courts but my assessment is due in a few weeks and my solicitor seems intent on going to court. I have been to a number of consultants and IB doctors and i have a proven injury but it is getting better. My question is that if it does go to court and my injury has cleared up how would that affect me in court plus i get the feeling that my solicitor wants me to act as if my injury(back injury) is a 24 hr thing:-( .

    Welcome aboard... some very knowledgeable lurkers around here. People who are going through the process at various stages and people who have gone through, and those who's business it is.

    You've had some great advice already here so not going to touch that.

    Injuries are complex and unique and there is one real proof of healing. Time. I suffered a number of injuries and while one injury showed gradual signs of improvement at one point (And a consultant had reported that it should be fully healed with 4/6 months) I was in surgery 12 months later twice and out of work for 3 months with it and have got permanent issues with it now. Also we can tend to be quite stoic sometimes about how we're feeling that day.

    The reality is a solicitor will have a feeling for what may be the outcome with the injuries board but we don't know until they have decided.

    To answer your question.... in my opinion...

    Sit tight and see what the injuries board say. If they don't propose a figure and release to court thats good. It gives your injury time to either heal or get a full understanding of long term prognosis. If they propose a settlement figure then your solicitor is best to advise you on this.

    We can tend to get lost in "the case" and "the process" but the most important thing in all of this is your health. Let your body tell you when/if its healed. This way you can ensure you get a fair settlement for your injuries.


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