Personal Injury Claim through a solicitor

dhidra

I was involved in a car accident in June and was injured. Liability was accepted by the insurance company of the other car. I went to a solicitor about a month later and he took all the details, photos etc. I haven't heard from him since. Should I chase it up? I know these PIAB claims can take a while.

Pat Mustard

No harm ringing to follow up. They will be able to tell you if they need anything else from you.

kilp10

My solicitor keeps me well informed and I would have expected you would have been told if the application had been made. You would have had to sign the PIAB form surely? But no harm to chase up and find out if the application has gone in. If it hasn't and you agreed to engage that solicitors services and haven't heard anything in the month, I'd look at switching straight away or it sounds like you'll always be chasing....

Pat Mustard

kilp10 wrote: »

If it hasn't and you agreed to engage that solicitors services and haven't heard anything in the month, I'd look at switching straight away or it sounds like you'll always be chasing....

There could be several reasons why an application might not be made after one month. The main reason would be if the GP hadn't furnished the medical report which is required in order to make the application in the first place. Some GPs are quick and efficient. Some are slow and you have to lean on them to get them to produce a report. If that's the reason that an application hasn't gone in, then it's hardly the solicitor's fault.

A solicitor is likely to make contact with his/her client in relation to offers from insurance companies etc. However, he/she is unlikely to ring the client unless there is some good reason to do so.

If the solicitor has not confirmed that the application to the IB has been made within a month, then I would think that there would be nothing wrong with the client ringing for an update. However, unless there is a specific reason to switch to a different solicitor, it seems unrealistic to suggest switching on the basis of not being contacted within a month.

kilp10

The Mustard wrote: »

There could be several reasons why an application might not be made after one month. The main reason would be if the GP hadn't furnished the medical report which is required in order to make the application in the first place. Some GPs are quick and efficient. Some are slow and you have to lean on them to get them to produce a report. If that's the reason that an application hasn't gone in, then it's hardly the solicitor's fault.

Very true, I forgot about that one, yes they can take forever unless you go in and remind them...!

A solicitor is likely to make contact with his/her client in relation to offers from insurance companies etc. However, he/she is unlikely to ring the client unless there is some good reason to do so.

I guess I've just been lucky with the solicitor I got, gets me to check anything being submitted (knows I'm pretty precise about details and accuracy..), and keeps me well informed, sends copies of any incoming and outgoing communications. Understand not all are like that. Guess it just depends on the relationship you build with them.

If the solicitor has not confirmed that the application to the IB has been made within a month, then I would think that there would be nothing wrong with the client ringing for an update. However, unless there is a specific reason to switch to a different solicitor, it seems unrealistic to suggest switching on the basis of not being contacted within a month.

Probably a bit hasty alright :-) but then if for example the solicitor was having a problem with getting the GP's medical report, I would expect a call to say so and see if I could talk to my GP to get it moving along....I have patience for the PIAB process but not for delays as a result of sitting waiting for things to happen on their own...at the end of the day, the solicitor is getting a fee (eventually..!) to do a job for me and it's not unrealistic to expect to be kept informed especially if there is a delay before the initial submission where the client can help with moving it a bit, would definitely phone for an update to see where it's at OP, no harm in asking at all.

dhidra

it's more than a month now, i saw the solicitor in July. It's now nearly December.
I don't know if he has contacted my GP for a report yet...I've been with her since but she didn't mention it.
No harm phoning I suppose! Thanks

Pat Mustard

kilp10 wrote: »

I guess I've just been lucky with the solicitor I got, gets me to check anything being submitted (knows I'm pretty precise about details and accuracy..), and keeps me well informed, sends copies of any incoming and outgoing communications. Understand not all are like that. Guess it just depends on the relationship you build with them.


Probably a bit hasty alright :-) but then if for example the solicitor was having a problem with getting the GP's medical report, I would expect a call to say so and see if I could talk to my GP to get it moving along....I have patience for the PIAB process but not for delays as a result of sitting waiting for things to happen on their own...at the end of the day, the solicitor is getting a fee (eventually..!) to do a job for me and it's not unrealistic to expect to be kept informed especially if there is a delay before the initial submission where the client can help with moving it a bit, would definitely phone for an update to see where it's at OP, no harm in asking at all.

A solicitor can update their client about important details without having to make continuous contact in relation to unimportant details. An IB application takes 12 months usually, and there is no need to make contact until something relevant arises. A GP being slow to produce a report is not necessarily a reason to contact a client unless it becomes an issue. It usually doesn't become an issue so there is usually no need to contact the client. There is no reason to contact clients over every detail. No progress would get made if that was the case. It simply isn't realistic.

The solicitor is getting a fee to do his/her job and to keep the client advised but not to contact the client over minor details which are usually resolved in the ordinary course of events. It is unrealistic to think otherwise.

goz83

OP, have you had your GP do up a medical report? This costs around €300 and must be sent to your solicitor before an application can be sent to the injuries board. If your injuries are ongoing, it woukd be no surprise that you have not heard anything. Though it would be no harm to make a phone call and see where things are and what, if anything, needs to be done. I was injured in April. I went to my GP the next day. After a couple of days when my injuries got worse, I knew the person who had caused the accident would not be looking after my medical bills, so I went to my solicitor within a week. The medical report was only done about a month ago and that's with ongoing injuries. The application was sent in about 2-3 weeks ago. So, you see, the timeframe is not excessive regarding an application, but contact your solicitor to put your mind at ease.

dhidra

Yes, unfortunately the injury is ongoing. It has improved but not gone away, and it's not clear if it will. Going to see a pain specialist next week.
I haven't gotten a report from the GP yet, I was under the impression that the solicitor was going to write to her to ask for it.

goz83

A pain specialist? Is it a spinal injury? If so, have you had MRI scans?

The solicitor will generally request a medical from your GP. But your solicitor will hold off on this if you need further examination. A medical report is usually only requested once the medical side of things has settled, or until they know that a prognosis will not likely be available in the near future. Once the report is received by your solicitor, he/she will then call you into the office to complete the injuries board application and will submit it. Within 2-3 weeks the injuries board will write to your solicitor and copy any correspondence to you.

Pat Mustard

I don't agree. If a medical report is got on the injuries, then application can be made to the Injuries Board straight away. If injuries are ongoing and if the Injuries Board makes an assessment of damages that is insufficient, then the assessment can be rejected and a Personal Injuries summons issued in court.

There isn't enough time to wait to allow injuries to settle before applying to the injuries board.

goz83

That's what I was saying and i'm speaking from personal experience. It's certainly not a bad idea to wait a few months to see how injuries progress, or heal. If they are ongoing after that, then of course it is prudent to get a medical report, which would include the fact that injuries are ongoing, especially if there is no prognosis. Though I didn't mention the possibility of court if the injuries board were to choose not to assess the case, or if the other party refused to allow the injuries board to assess the case.

Pat Mustard

goz83 wrote: »

It's certainly not a bad idea to wait a few months to see how injuries progress, or heal.

What I'm saying is that this would be a tactical mistake at Injuries Board stage. You don't wait, you make the application without delay. The Injuries Board system is designed to save money for insurance companies at the expense of injured parties. By all means assemble all of the favourable medical reports when it gets to court but don't hold it up at Injuries Board stage. The Injuries Board is a hurdle to be overcome (or not) at the soonest possible opportunity.

goz83

The Mustard wrote: »

What I'm saying is that this would be a tactical mistake at Injuries Board stage. You don't wait, you make the application without delay. The Injuries Board system is designed to save money for insurance companies at the expense of injured parties. By all means assemble all of the favourable medical reports when it gets to court but don't hold it up at Injuries Board stage. The Injuries Board is a hurdle to be overcome (or not) at the soonest possible opportunity.

That's quite an interesting view and I would agree with it, for the most part, in hindsight. Hopefully I never have to deal with the injuries board again. My own application is submitted and acknowledged this month. I suppose it could have been done earlier if a medical report was pushed, but the application was delayed, as my injuries just seemed to get worse and my doctor had only written the repost recently, when requested, but did hesitate, citing that he would be unable to give a complete report, as there was no prognosis and no "further information" available from the pain clinic.

Do you suggest that it is best to move throught the injuries board quickly, with an aim to move past it and progress to court?

Pat Mustard

goz83 wrote: »

Do you suggest that it is best to move throught the injuries board quickly, with an aim to move past it and progress to court?

Well, it sounds like your application wasn't made because they were waiting on a medical report. I can't really comment on specific cases but you have my general thoughts on the subject.

goz83

The Mustard wrote: »

Well, it sounds like your application wasn't made because they were waiting on a medical report. I can't really comment on specific cases but you have my general thoughts on the subject.

Perhaps you can pm me with some specific thoughts?

Pat Mustard

goz83 wrote: »

Perhaps you can pm me with some specific thoughts?

I think that a solicitor is already acting for you, so I'd be well out of order if I did that. Sorry goz.