Whiplash & Injuries Board Query

jacknife

Wife had an accident last year, someone drove into the back of the car she was a passenger in, she suffered whiplash.

she had a claim via the injuries board and got a solicitor, her solicitor send her to a rheumatologist, she was not happy with his and has reported him to the medical council. The rheumatologist is looking for his fee, she refussing to pay and is say that the solicitor should pay as he referred her on and as she was not happy with him she's not paying. She told the rheumatologist not to send in the report.

She was also send for a nerve test that she missed, she's not going to book a different rheumatologist and go elsewhere for the neurophysiology study.

She's decided to drop her solicitor and represent herself, the insurance offered her a settlement of E12k which she's turned down.

She thinks a rheumatologist is not the right medical professional to see and she wants to an orthopedic specialist.

She's refusing to see the doctor appointed by the injuries board

The injuries board have not said there is a time frame to complete the case, can these cases go on for years. is there a time limit to submit the medical reports

If it goes to court can she represent herself in court and also refer herself onto the medical professionals.

Penny Tration

Tbh there are so many serious questions here that your wife needs another solicitor. Whether she wants one or not is irrelevant. If she wants to represent herself, she needs a hell of a lot more knowledge than she has now. She should really find a new solicitor.

Pro Hoc Vice

Yes she can represent herself in Court, she can draft all the necessary papers, set the matter down for trial. Put the case together make sure all person to give evidence are in court, examine and cross all witness.

But as a word of warning a old saying says a fool has himself for a client.

If you wife does not want to take the advice of an expert in the area (in fact 2 experts) that is her right. If your wife wins her case while entitled to a costs order that will only in reality cover out of pocket expenses she will not be entitled to charge her self as a solicitor would. Also if anything goes wrong she has no one to sue.

BTW if I was a solicitor I would not touch this case as its going to be nothing but problems.

jacknife

thanks for the advice guys, i've tried talking to her, she wrote to the medical council complaining about the rheumatologist and is not going elsewhere, is there a limit limit to submit the reports, she told the rheumatologist she's not paying the bill as it was the solicitor who referred her he can pay it

Mikros

With respect, unless you have medical or legal expertise the way you are going about your claim is going to cause you nothing but trouble. The fact you are on an internet discussion board asking questions like "can you represent yourself" should really be a warning sign! There is a process to go through which can be lengthy and complicated depending on the case. Thinking you know better is not going to change that - you need professional legal advice. Refusing to cooperate with the injuries board and the like is not going to go down well if your claim progresses to court.

JimFin

I am unsure why your wife it refusing to see the IB doctor, that's the basis upon which the board operates and tbh if she goes before a judge with several of these chips on her shoulder then she'll loose her greatest asset which is the sympathy of the court. The IB see thousands of claimants each year and is considered very good at what they do..........she'll struggle to convince a judge that she knows a better way.

It seems to me you need to take a step back from the frustration of it all, realise that the whole world isn't actually against you and start afresh.

jacknife

i'm going to try and advise her to take the E12k i doubt she'll get much more anyway even in court

if she does loose in court will she liable for costs

Penny Tration

jacknife wrote: »

i'm going to try and advise her to take the E12k i doubt she'll get much more anyway even in court

Tbh based on what you've said, she may not fare well in court given the stubbornness she is showing. If 12k will cover all of her legal and medical bills, I'd encourage her to take it and save herself the upheaval of a court case.

That is in my completely unprofessional opiniom!

jacknife

the rheumatologist told the solicitor not to send any more clients onto him

Penny Tration

jacknife wrote: »

the rheumatologist told the solicitor not to send any more clients onto him

She must have had major issues with the rheumatologist for him to have said that.

Pro Hoc Vice

jacknife wrote: »

the rheumatologist told the solicitor not to send any more clients onto him

Yes I wonder why. Thank fully I have nothing todo with this case, your wife sounds like a client from hell. No offence just what's coming across from the posts.

jacknife

how long has she got to submit the medical reports

Pro Hoc Vice

jacknife wrote: »

how long has she got to submit the medical reports

Can't give advice here, sorry, your wife has decided to go alone I would respect that decision, or next any person who helps will be in her sights.

Victor

I don't particularly want to sound flippant, but what does her psychiatrist say?

jacknife wrote: »

if she does loose in court will she liable for costs

Quite possibly. Both sides.

jacknife

is there a time period for submitting reports.

i dont know guys, i've to live with her

van_beano

jacknife wrote: »

is there a time period for submitting reports.

i dont know guys, i've to live with her

Link: http://www.lawyer.ie/personal-injuries

"2. Time waits for no person
The first step to consider is if you are within the time limit to bring a personal injuries claim? You have two years from the date of the accident or the date you are aware that there was a connection between the injuries and the matters you believe to have caused the injuries. The Injuries Board (formerly known as the Personal Injuries Assessment Board aka PIAB) and the courts are the two routes you can recover compensation for the personal injuries you have suffered."

jacknife

the process has already started theres going to be a delay in sending in the medical reports, will that have any significance other than drawing it out, there was an offer of E12k made and she rejected it, i dont think she'll get much more as her injuries are not that severe, she said it might go to court, i've convienced her to go to a solicitor so she's changing solicitor and going to a different rheumatologist

Oryx

jacknife wrote: »

the process has already started theres going to be a delay in sending in the medical reports, will that have any significance other than drawing it out, there was an offer of E12k made and she rejected it, i dont think she'll get much more as her injuries are not that severe, she said it might go to court, i've convienced her to go to a solicitor so she's changing solicitor and going to a different rheumatologist

What I am hearing here is that she wants a heck of a lot more money than 12k, and that is the crux of the matter. It may simply be that her injury is not worth any more.

Seeing as she listens to your advice on some level, if I were you I would be advising her to listen to this new solicitor, and actually heed what he says instead of thinking she knows better.

Pat Mustard

jacknife wrote: »

i dont know guys, i've to live with her

There are a number of things which appear wrong here. What clinched it for me is that your wife is refusing to be examined by the Injuries Board doctor. On the face of it, this seems beyond unreasonable or stubborn.

I am no medical expert, but your wife appears to be exhibiting self-destructive behaviour.

Something needs to stop here. I wonder if you need to get your wife checked out by a doctor or assessed to see if she is has legal capacity to make the decisions necessary in this case.

I think that you (as opposed to your wife) may need to consider takiing professional advice in relation to this.

Perhaps I am wrong, and you are certain that all is well.

kennM

The Mustard wrote: »

There are a number of things which appear wrong here. What clinched it for me is that your wife is refusing to be examined by the Injuries Board doctor. On the face of it, this seems beyond unreasonable or stubborn.

I am no medical expert, but your wife appears to be exhibiting self-destructive behaviour.

Something needs to stop here. I wonder if you need to get your wife checked out by a doctor or assessed to see if she is has legal capacity to make the decisions necessary in this case.

I think that you (as opposed to your wife) may need to consider takiing professional advice in relation to this.

Perhaps I am wrong, and you are certain that all is well.

I'd second these thoughts.... first of all not a solicitor, legal professional or medical professional. Fairly advanced along the process myself.

I'd have grave concerns about your wifes position and approach to things. The process is the process and its there for a reason. They will assess, based off their medical review of your wifes symptoms, treatments etc. Not attending the injuries board doctor isn't going to help her cause.....

The reality is she suffered whiplash, has she recovered? has she looked up the book of quantum etc. to understand the level of compensation here injury warrants? I've seen whiplash claims typically in the region of €10,000, the exception I've seen up to around €30,000 where its been severe and permanent.

While I can 100% empathize with her feelings of frustration, annoyance, bewilderment, anger this simple boils down to a "valuation" for injury. By the sounds of it she is letting emotion run the decisions rather than logic.... its a poor footing to rely on.

I'd certainly encourage your wife to engage in the the process, not engaging will certainly weaken her position down the line.

Worse case scenario (as my limited knowledge can envisage). Injuries board refuse to assess on the basis that you refuse to engage. Insurance company put the onus back on your wife to get legal preparations in place and she works hard to make this happen. The insurance company offer a tender that she refuses on the basis of her valuation. It goes all the way to court and the judge offers less then she will be liable for her costs and their legal costs..... which could likely well be far more than the general damages claim and she could end owing money.

If you don't mind me asking what is your wifes profession? Some of the items she wants to cover herself are expert positions

kilp10

Sounds like she's asking for trouble, refusing to see the PIAB Dr? Didn't even know that was an option given she's the claimant. She has every right to go and see whatever consultant she thinks can best help her, tell her Dr who she wants to see and get a referral. Can't see the problem there unless she just isn't liking what they're telling her....But refusing to see the PIAB Dr? Self destruct button right there...would raise red flags to PIAB I reckon... Saying that, some consultants can be so disrespectful & dismissive, I'd be looking for a second opinion if I wasn't happy. Change solicitors and talk to her own Dr. If she gets a medical report from whatever consultant & then the PIAB Dr report, PIAB can recommend an action then. It's not all sweetness & light going to the PIAB Dr, their job is to grill you, but if you're telling the truth, then the report is fair, at least it was in my case.

McCrack

A claimant does not have to submit to medical examination by an Injuries Board doctor and for a number of reasons it can be tactically better not to attend with their doctor but if a claimant is doing this they need to be professionally guided by a solicitor.

kennM

kilp10 wrote: »

Sounds like she's asking for trouble, refusing to see the PIAB Dr? Didn't even know that was an option given she's the claimant. She has every right to go and see whatever consultant she thinks can best help her, tell her Dr who she wants to see and get a referral. Can't see the problem there unless she just isn't liking what they're telling her....But refusing to see the PIAB Dr? Self destruct button right there...would raise red flags to PIAB I reckon... Saying that, some consultants can be so disrespectful & dismissive, I'd be looking for a second opinion if I wasn't happy. Change solicitors and talk to her own Dr. If she gets a medical report from whatever consultant & then the PIAB Dr report, PIAB can recommend an action then. It's not all sweetness & light going to the PIAB Dr, their job is to grill you, but if you're telling the truth, then the report is fair, at least it was in my case.

I found PIAB doc superb, excellent report produced.... I came in 100% honest with everything I had, radiology, CTs, MRI's but I was far more seriously injured than whiplash.

I do understand the frustration around medical opinions etc. I suffered quite a rare condition and had to go to three specialists before finding a specialist who was knowledgeable enough to operate to improve that condition. Your wife needs to be careful, her current path will not end up well for her.