personal injury claim

newbie283

hey, so I was just wondering about the time frame for a personal injury claim. Two years ago I had an accident at work and badly injured my leg. This time last year after a hefty medical bill I decided to start a claim against my now former workplace. I picked a solicitor based on a recommendation of my GP, met with him a year ago this week and asked him to proceed with the case. Since then I have only heard from him twice - once to ask me to pay the gp for a medical report and once to request receipts for medical expenses. I received a letter from the injuries board stating that the case was only registered with them in late December. I have called a few times and emailed but have received no reply.

My question is it it normal to wait nine months to register a claim with the injuries board and to receive so little communication from a solicitor? How would be best to approach the solicitor about this?

topmanamillion

It's ridiculous that you have received no reply from your solicitor despite multiple attempts to contact them.

Firstly recheck the contact information you have, if that's correct then send your solicitor a written letter informing them you are unhappy with the lack of contact and wish to be briefed on the case. State that if you don't receive any contact within say 7 days you will be forced to seek alternative representation.
The whole point of hiring a solicitor is to have legal representation/advice so you don't have to seek it on Internet forums. If you're not receiving it with your current solicitor then find one who will fulfil the role.

I'm not familiar with the injuries board process so I'm afraid I can't answer your timescale question, however your uncontactable solicitor certainly seems to be your primary issue.

marklazarcovic

Call into office directly

To Elland Back

Sounds like a poor service from your solicitor. With regard to PIAB, they can take 6 months to make an assessment from the date it is lodged

The_Minister

It would be unusual to wait 9 months to lodge a claim to PIAB, though PIAB can take some time to process a complaint.
Honestly, it probably got lost in a pile.

So long as it was lodged within two years of the accident, it should be fine from a statute point of view.

To Elland Back

The_Minister wrote: »

It would be unusual to wait 9 months to lodge a claim to PIAB, though PIAB can take some time to process a complaint.
Honestly, it probably got lost in a pile.

So long as it was lodged within two years of the accident, it should be fine from a statute point of view.

Quite a regular occurrence for a solicitor to lodge a claim with PIAB 1 year and 11 months after an incident. The cynic in me says that they do it in the hope that records of the accident are mislaid, witnesses have moved on and supposedly faulty equipment has been replaced. But hey, that's just me

nuac

To Elland Back wrote: »

Quite a regular occurrence for a solicitor to lodge a claim with PIAB 1 year and 11 months after an incident. The cynic in me says that they do it in the hope that records of the accident are mislaid, witnesses have moved on and supposedly faulty equipment has been replaced. But hey, that's just me

How would any of those events benefit a plaintiff?

topmanamillion

marklazarcovic wrote: »

Call into office directly

Not up to the OP to be knocking down the door of a solicitor they have hired to represent them.

To Elland Back

nuac wrote: »

[/B]

How would any of those events benefit a plaintiff?

Because the defendant is left with little to contradict a well prepared plaintiff. Take a simple example of someone falling in a shop. The allegation is perhaps that the floor was wet without being attended to. After nearly 2 years, you can be certain that the CCTV has been erased, perhaps the shop assistant on duty has moved on without having recorded a statement with their employer, or if they did, nobody can find it.

You can be sure the plaintiff have their ducks in a line, such as a witness, hospital record, possibly a picture on their phone. It is their right to sit and wait the 2yrs before bringing it to anyone's attention

Pat Mustard

To Elland Back wrote: »

You can be sure the plaintiff have their ducks in a line, such as a witness, hospital record, possibly a picture on their phone. It is their right to sit and wait the 2yrs before bringing it to anyone's attention

A well prepared Plaintiff will go to his GP straight away, get in and out of the Injuries Board process asap, issue proceedings asap and drive his case into a trial list as soon as possible.

What you have described is a 'less well prepared Plaintiff'.

To Elland Back

Pat Mustard wrote: »

A well prepared Plaintiff will go to his GP straight away, get in and out of the Injuries Board process asap, issue proceedings asap and drive his case into a trial list as soon as possible.

What you have described is a 'less well prepared Plaintiff'.

I have seen many cases where the plaintiff goes to his GP straight away, goes to his solicitor straight away, but holds off on notifying the defendant or PIAB for nearly 2yrs. It is a strategy which is not accidental depending on the circumstances

Read in to that what you will

Pat Mustard

To Elland Back wrote: »

I have seen many cases where the plaintiff goes to his GP straight away, goes to his solicitor straight away, but holds off on notifying the defendant or PIAB for nearly 2yrs. It is a strategy which is not accidental depending on the circumstances

Read in to that what you will

That solicitor would have to wait an additional two years to get his fees. Not the most effective business model, I would think.

I'd put that down to disorganization instead of some crafty ploy.

To Elland Back

Pat Mustard wrote: »

That solicitor would have to wait an additional two years to get his fees. Not the most effective business model, I would think.

I'd put that down to disorganization instead of some crafty ploy.

Let me put it another way. The solicitor may take in to consideration that his case has a much better chance of succeeding (and getting a fee) by waiting the two years, rather than going straight in. I've explained previously why this may happen and it is quite common

BattleCorp

To Elland Back wrote: »

Because the defendant is left with little to contradict a well prepared plaintiff. Take a simple example of someone falling in a shop. The allegation is perhaps that the floor was wet without being attended to. After nearly 2 years, you can be certain that the CCTV has been erased, perhaps the shop assistant on duty has moved on without having recorded a statement with their employer, or if they did, nobody can find it.

You can be sure the plaintiff have their ducks in a line, such as a witness, hospital record, possibly a picture on their phone. It is their right to sit and wait the 2yrs before bringing it to anyone's attention

I'm with To Elland Back on this one. Unfortunately I've seen this happen plenty of times.

Pat Mustard

To Elland Back wrote: »

Let me put it another way. The solicitor may take in to consideration that his case has a much better chance of succeeding (and getting a fee) by waiting the two years, rather than going straight in. I've explained previously why this may happen and it is quite common

If a solicitor allows cases to run almost to the full extent of the period of limitation on a regular basis, he runs the risk that certain actions will become statute barred by his own mistake. Then it will become an insurance matter for the relevant solicitor, who will be sued and will suffer increases in his insurance premium.

It's too risky. It's a strategy for going out of business.

If you say it happens, that's one thing. If you say it's regularly done but deliberately so, it doesn't make sense overall.

littlemac1980

I'm with Mustard on this one. Delays on the part of the PIAB application can happen for a multitude of reasons - such as waiting for necessary reports/opinions etc. Some doctors are immediate with their reports, some can take as long as 3 months if not longer.

Regarding putting each parties ducks in a row - there is an equal danger of losing relevant witnesses on each side the longer the case drags on - an employee who may have been a helpful witness will still be a helpful witness if they are no longer an employee, and vice versa for an unhelpful witness who's an employee.

As for CCTV evidence and documentary incident reports - sure they're either preserved at the start - and completed at the start - or they're not available. If the case goes to trial the Judge isn't going to pay any more heed to a "contemporaneous" incident report that's dated 6 months after the accident than he would to one dated 2 years later.

As for the OP's concern - yes your solicitor should have responded to you by now; and you should certainly get in contact with them however you can and tell them that you aren't happy with their failure to respond - but don't necessarily believe they're not committed to your case - the person came recommended (highly I presume seen as how you decided to retain them).

It could be that they are one of those individuals who are 100% committed to what they are currently working on - which could be someone else's case at a later stage than yours - it may well be that when your case reaches that critical stage they won't be able to take calls from other clients in order to ensure your case is properly dealt with. That can be the reality of the nature of the work. The most important thing is that your case is dealt with properly.

To Elland Back

I'm just saying it happens and I know why it happens. On occasion it is a strategy designed to maximise the situation in hand. That's all I'm prepared to say

newbie283

Thank you all for your replies. the 90 day period for my former employers to respond ends next week, so I think I will make an appointment to see the solicitor and speak to him in person to see what the story is.

With regard to the process being delayed as a result of waiting for doctors reports etc they were received by the solicitor in August last year (the doctors released them upon payment and sent me a copy the same day as the solicitor).

As for delaying the case to in order to gain from loss of witnesses etc, I can only speak for my own case and this isnt true for me. I waited for a while to start the case as I hoped the injury would improve, but I ended up having to leave the job as I was no longer physically able to keep working there

kennM

newbie283 wrote: »

Thank you all for your replies. the 90 day period for my former employers to respond ends next week, so I think I will make an appointment to see the solicitor and speak to him in person to see what the story is.

With regard to the process being delayed as a result of waiting for doctors reports etc they were received by the solicitor in August last year (the doctors released them upon payment and sent me a copy the same day as the solicitor).

As for delaying the case to in order to gain from loss of witnesses etc, I can only speak for my own case and this isnt true for me. I waited for a while to start the case as I hoped the injury would improve, but I ended up having to leave the job as I was no longer physically able to keep working there

Hey newbie,

Know exactly how you feel, went through the whole process a few years back... I put this tread together that may be of use: http://www.boards.ie/vbulletin/showthread.php?p=93328566

To make a long story short (happy to answer any questions if I know the answer) -

You (Your solicitor) submits claim indicating that party XYZ is responsible for your injuries due to 123
PIAB write out to responsible party indicating the claim has been made

If the respondent replies saying - "No I'm not liable" then PIAB will give you a release to pursue through the courts directly.
If the respondent replies saying - "I'm not contesting liability" then PIAB embark on trying to assess a recommended settlement amount.
If respondent says nothing - can't remember exact period they have to reply, think it's 90 days. Then PIAB make a determination whether they should make an assessment or not. Typically I believe they do, i.e. silence indicates liability is implied without prejudice.... i.e. they can still contest liability down the line.

It sounds like you're circa here? Hopefully my other post can offer some help/assistance. Feel free to ping any questions if you wish. I'm not in the legal profession, just been through the process.... I won't give you advice on what to do/not to do but answer questions.... no probs. I leaned on others are I've gotta pay back the karma

Joe Hill

kennM wrote: »

Hey newbie,

Know exactly how you feel, went through the whole process a few years back... I put this tread together that may be of use: http://www.boards.ie/vbulletin/showthread.php?p=93328566

To make a long story short (happy to answer any questions if I know the answer) -


You (Your solicitor) submits claim indicating that party XYZ is responsible for your injuries due to 123
PIAB write out to responsible party indicating the claim has been made

If the respondent replies saying - "No I'm not liable" then PIAB will give you a release to pursue through the courts directly.
If the respondent replies saying - "I'm not contesting liability" then PIAB embark on trying to assess a recommended settlement amount.
If respondent says nothing - can't remember exact period they have to reply, think it's 90 days. Then PIAB make a determination whether they should make an assessment or not. Typically I believe they do, i.e. silence indicates liability is implied without prejudice.... i.e. they can still contest liability down the line.

It sounds like you're circa here? Hopefully my other post can offer some help/assistance. Feel free to ping any questions if you wish. I'm not in the legal profession, just been through the process.... I won't give you advice on what to do/not to do but answer questions.... no probs. I leaned on others are I've gotta pay back the karma

Hey can I ask a question on the process

kennM

Joe Hill wrote: »

Hey can I ask a question on the process

Hey Joe, progress on mine or original poster?

Pat Mustard

Joe Hill wrote: »

Hey can I ask a question on the process

Go right ahead and ask.

Sultan of Bling

OP, when going through the injuries boards process, you do not have to have a solicitor. Of course it is your decision at the end of the day but if you are unhappy, why pay them thousands in legal fees when you can go through the process yourself.

Joe Hill

kennM wrote: »

Hey Joe, progress on mine or original poster?

On mine

kennM

Sultan of Bling wrote: »

OP, when going through the injuries boards process, you do not have to have a solicitor. Of course it is your decision at the end of the day but if you are unhappy, why pay them thousands in legal fees when you can go through the process yourself.

This old chestnut... you dont need a doctor if you have google too. You'll get it right sometimes

nuac

Talk to your solicitor regarding the various time limits in personal litigation

Pat Mustard

Sultan of Bling wrote: »

why pay them thousands in legal fees when you can go through the process yourself.

Because they know when an insurance company is making a lowball offer, which is potentially only a fraction of the true value of the assessment/settlement/award.

People 'save' thousands, without ever knowing that they have lost far more, in fact.

Joe Hill

The legal firm I am using are charging 300 an hour but there is no cap on the fees.

It is a no win no fee case

The Sols said it's a stone wall case in my favour with the usual amount of risk

Any advice on the fees issue and how long does the process take.

They have written to the PIAB and said the other party has 90 days to reply

Pat Mustard

Joe Hill wrote: »

Any advice on the fees issue and how long does the process take.

http://www.injuriesboard.ie/eng/FAQs/Frequently-Asked-Questions-mini/Q-How-long-does-it-take-to-process-a-claim-.html

As to the fees issue, at the outset, the advice is to get a recommendation for a good solicitor and if you want to shop around, do so.

It seems that your solicitors have made the application to the Injuries Board. I don't think that I'd go shopping around for prices now, if I was in your position. But that's your own decision to make.

Joe Hill

Pat Mustard wrote: »

http://www.injuriesboard.ie/eng/FAQs/Frequently-Asked-Questions-mini/Q-How-long-does-it-take-to-process-a-claim-.html

As to the fees issue, at the outset, the advice is to get a recommendation for a good solicitor and if you want to shop around, do so.

It seems that your solicitors have made the application to the Injuries Board. I don't think that I'd go shopping around for prices now, if I was in your position. But that's your own decision to make.

Is there a cap on fees if settled with piab

Joe Hill

Also is 300 the going rate per hour

I am a bit scared on the fees

Pat Mustard

Joe Hill wrote: »

Also is 300 the going rate per hour

I am a bit scared on the fees

Many solicitors offer to deal with Injuries Board applications on a fixed price.

Does that rate include VAT?

Sultan of Bling

Joe Hill wrote:

The legal firm I am using are charging 300 an hour but there is no cap on the fees.

Joe Hill wrote:

It is a no win no fee case

This will only apply to your solicitor's fees. If you are unsuccessful in court you could be liable for the defendent's fees.

Joe Hill

Pat Mustard wrote: »

Many solicitors offer to deal with Injuries Board applications on a fixed price.

Does that rate include VAT?

No

Pat Mustard

Joe Hill wrote: »

No

That's €369 per hour then.

You would get a competent job done for less.

Up to you.

goz83

Sol fees are not recoverable in the PIAB process, so the payment comes directly from a successful claim. I would personally go with a fixed rate (circa €1500) solicitor, as the PIAB process is relatively simple. The real job of the Sol in most cases is to make sure the right sum is paid in compensation. Imagine getting a whiplash comp payment of €15000 and the Sol bill was only 10 hours (€3690) :eek:

I've been through the PIAB and the Sol charge was fix at €1000 plus VAT. I suppose I would be asking what the typical cost is likely to be if settled with the PIAB and had already engaged a 300 an hour Sol.