The process after seeing the specialist Doctor for defendants solicitors for high cou

easygoingguy30

Hey guys
The injuries board released my case for personal injuries for the high  courts(to complex).the other side insurance have a solicitor acting on there behalf.they have arranged for me to see there specialist doctor.
my solicitor is off on holiday and wanted to know the process from here...
proceedings have been issued and medical history notes got.
Do I have to wait to see there specialist before a court date is given or can a court date been given while we wait to see their specialist??
thanks for any information....

Victor

There won't be any (substantive) hearing before their doctor examines you.

easygoingguy30

do both sides have to say they are "ready" before a court date is applied for?

nuac

Mod
Those are questions for your own solicitor after that holiday
Will leave open for general comment subject to rule on legal advice

randomrb

Court date isn't applied for until absolutely everything is ready. Don't hold your breath you are at the start of a long process

easygoingguy30

thanks nauc.
iam sure someone else has been at this point in there claim,its just interesting to see what "can" happen from this point on....

charman

TheBishopOfSoho wrote:

Someone at the bank printed off a load of files with confidential information off them, and.took them home, they say they cannot investigate this as the people involved no longer work with the bank. That seems like like a cop out, what has happened shouldn't have, they have failed in their duty of care with my data and the people involved should still be liable. I want to know exactly how someone from the public came.to have details of my bank accounts and balances. This may not be a big deal to some people but it's worrying that someone locally will have information about me.i don't want share. Will the DPC dig into this, or just brush it up with a generic "All procedures have been followed" line, or do I have legal right to chase this to find out more?

Oh just reading your post headline I'm going to bed...Confusion is my sleep.

easygoingguy30

ok...…...so no-one has any experience of what happens after a plantiff sees the defendants doctor....(not the injuries board doctor)

Roanmore

easygoingguy30 wrote: »

ok...…...so no-one has any experience of what happens after a plantiff sees the defendants doctor....(not the injuries board doctor)

My wife was in a bad accident coming up on 2 years, Injuries Board said the same, too complex.

She went to the Insurance Company doctor (came out crying but that's another story) about 2 months ago, an offer was made this week.

easygoingguy30

id say your wife was not expecting an offer so quick,especially after such a bad experience with there doctor.is it mind games on the defendants part,as to throw you off course and  hopefully you will be glad of a lower offer...

mrsbeebee

easygoingguy30 wrote: »

ok...…...so no-one has any experience of what happens after a plantiff sees the defendants doctor....(not the injuries board doctor)

The Dr will send a report to the insurer who will review it and place a value on thr injury. If liability is not an issue they will probably contact the plaintiff solicitor and make an offer. The plaintiff solicitor may or may not be provided with a copy of the medical. Depending on the prognosis (injury resolved or ongoing and estimated time of resolution) the plaintiff solicitor may having discussed with the client negotiate a settlement or refuse to negotiate and then may proceed to arrange an examination with their own Dr. They may need other specialist reports from occupational therapists, actuaries etc if there are other issues relating to house or work adaptations or loss of earnings. If liability is not an issue the insurer will want to settle ASAP to stop fees rising as they will be liable for fees from both sides but if settlement cannot be agreed it may have to go to court. Generally the more complex the injury, the more its worth and the longer it takes to finalise. You may be waiting weeks, months or years.

mrsbeebee

Also if the injuries are very complex they may need medical reports from various specialists eg. neurologist, ortho, psych, pain specialist. It can take time to get these appointments and the reports back.

easygoingguy30

So down the line when all the specialist reports are got and iv seen their doctors,will both sides talk before moving on to setting down a court date?

mrsbeebee

It would be the normal process that when all sides agree that the injury has resolved or has reached a stage where its manageable, and all sides are satisfied that the medical reports represent this, both sides will engage in settlement talks. At high court level these usually involve an experienced litigation claims handler for the insurer with authority to settle up to a certain amount, solicitor for both sides and barrister for both sides. The claimant should be included in these. Generally the insurer wants to settle quickly and outside of court to reduce costs. Generally the longer a claim goes on with an unresolved injury, the more its worth. If liability is not an issue the insurer is picking up to the tab for costs but if settlement can't be agreed it may have to go to court hearing.

randomrb

mrsbeebee wrote: »

It would be the normal process that when all sides agree that the injury has resolved or has reached a stage where its manageable, and all sides are satisfied that the medical reports represent this, both sides will engage in settlement talks. At high court level these usually involve an experienced litigation claims handler for the insurer with authority to settle up to a certain amount, solicitor for both sides and barrister for both sides. The claimant should be included in these. Generally the insurer wants to settle quickly and outside of court to reduce costs. Generally the longer a claim goes on with an unresolved injury, the more its worth. If liability is not an issue the insurer is picking up to the tab for costs but if settlement can't be agreed it may have to go to court hearing.

This is a very important element many cases like this go on and on if there are recurrent problems connected to the original issue