Personal injury claims

miklo

I had a car accident and a neck injur for which I’m still doing physiotherapy treatments. Therefore I hired a sollicitor to make a claim. The insurance is offering 7000€ and the sollicitor asked if I would like to accept the offer or submit the case to the injury board. I do not have experience and he Is not providing enough advice. I’m afraid that the case could end up in the court cousing more stress and costs( I have already a 3800€ bill from the sollicitor). Does anyone have experience? Should I accept or go ahead with the injury board claim?

everlast75

miklo wrote: »

I had a car accident and a neck injur for which I’m still doing physiotherapy treatments. Therefore I hired a sollicitor to make a claim. The insurance is offering 7000€ and the sollicitor asked if I would like to accept the offer or submit the case to the injury board. I do not have experience and he Is not providing enough advice. I’m afraid that the case could end up in the court cousing more stress and costs( I have already a 3800€ bill from the sollicitor). Does anyone have experience? Should I accept or go ahead with the injury board claim?

1) he should advise you on how much you may be entitled to
2) it is generally considered unwise to settle your case unless your symptoms have settled. What does your doctor's report say? How many reports do you have?
3) have the other side admitted liability
4) that fee for your solicitor is excessive given the stage the case is at

liam7831

You don't need a solicitor, waste of money unless you go to court. Just send your claim to injuries board, easy to do just fill out the forms, you will get an offer back from them. Either accept or go to court.

not yet

Not always the case...

If the other side refuse to engage with Piab you have no choose but to use a solicitor.

liam7831

not yet wrote:

Not always the case...

not yet wrote:

If the other side refuse to engage with Piab you have no choose but to use a solicitor.

Ah ya true enough but most insurance companies or individuals will try and avoid court if their in the wrong. Last move imo is getting a solicitor

miklo

-I have a medical report stating that I had neck injury and contraction of the trapezoids muscle and I need physiotherapy.
- I found excessive the solicitor bill but he send it only few weeks ago even if I asked about his fee since the first meeting. He first told me to do not worry as the other party will pay for it and then he send me the expenses report, after submitting the claim to the insurer. I am not happy with it but I don't think there is any way to avoid it at this stage.
- the other side admitted the liability and they have already paid to fix my car

miklo

I have already started the process with the solicitor and at this stage I cannot go back unless I pay his expensive bill

everlast75

miklo wrote: »

I have already started the process with the solicitor and at this stage I cannot go back unless I pay his expensive bill

If the other side have admitted liability then there may be no harm in going through the PIAB.

When does the medical report say your injuries will subside, ie how long will your symptoms last?

TG1

How much has your injury cost you? Will you be out of pocket after receiving the settlement amount? Surely that's what should guide you, not a how much can I get mentality?

liam7831

miklo wrote:

I have already started the process with the solicitor and at this stage I cannot go back unless I pay his expensive bill

What's he done for you that you could have not done yourself?

SeeMoreBut

Is it a clear cut case? Like rear ended?

Have you spoke to yours or their insurance company?

Have you comp insurance? As you can get yourself sorted and they’ll chase other company.

No need to speak to a solicitor as of yet as mentioned above. Just get yourself better and keep receipts and then worry about claim. You don’t need to open a personal injury claim straight away. Get your car fixed first.

To many people listen to others and straight onto solicitor when really they don’t do much while you’re getting treatment bar billing

miklo

I know but not having experience and time I went to the solicitor for consultation.Now I know I made a bad decision.

miklo

I have already got fixed and I have already passed all the paper to the solicitor who started the claim with the insurance. Therefore I do not think I can go back and do everything by my own, unless I pay the expensive bill to him.

_Brian

I think it’s important to remember that if you proceed to PIAB that the award will not cover the solicitor fees and you will be left with that bill to pay.

You have two years from the moment of the accident to lodge your claim with PIAB so you shouldn’t feel pressured into making a decision. I waited until the week before my two years expired as we wanted to see exactly where my injury was going.

My advice is keep up treatments, wait and see how your recovery goes. Keep your options open, it’s a plus that liability has been settled.

My overall case went on for five years and not once did my solicitor mention my bill.

argentum

The solicitor's fees are not paid for by The PIAB therefore you're going to have to cover the cost of that.Its in his interest and yours now to only go to court so that the fees are covered.Its a bad idea to use a solicitor unless the process with The PIAB offers you something you're not happy with.

miklo

TG1 wrote: »

How much has your injury cost you? Will you be out of pocket after receiving the settlement amount? Surely that's what should guide you, not a how much can I get mentality?

I do not know for how long I will have the pain and need physiotherapy. I still suffer of neck pain and headache. each physio costs 60€

miklo

TG1 wrote: »

How much has your injury cost you? Will you be out of pocket after receiving the settlement amount? Surely that's what should guide you, not a how much can I get mentality?

_Brian wrote: »

I think it’s important to remember that if you proceed to PIAB that the award will not cover the solicitor fees and you will be left with that bill to pay.

You have two years from the moment of the accident to lodge your claim with PIAB so you shouldn’t feel pressured into making a decision. I waited until the week before my two years expired as we wanted to see exactly where my injury was going.

My advice is keep up treatments, wait and see how your recovery goes. Keep your options open, it’s a plus that liability has been settled.

My overall case went on for five years and not once did my solicitor mention my bill.

My solicitor is dealing with the insurance and they offered 7000€ to settle the case outside the Piab. If I refuse and I do not proceed with the claim I still have to pay the solicitor fee.

Also he said that the longest the case will take to settle the higher the fee will be.


I am stressed about all this situation, probably I choose the wrong solicitor he has never been clear.He gives very vague answer to my questions.

liam7831

miklo wrote:

I do not know for how long I will have the pain and need physiotherapy. I still suffer of neck pain and headache. each physio costs 60€

Headache ? Hardly linked to the incident is it ?

_Brian

miklo wrote: »

My solicitor is dealing with the insurance and they offered 7000€ to settle the case outside the Piab. If I refuse and I do not proceed with the claim I still have to pay the solicitor fee.

Also he said that the longest the case will take to settle the higher the fee will be.


I am stressed about all this situation, probably I choose the wrong solicitor he has never been clear.He gives very vague answer to my questions.

Is the €7000 exclusive of legal fees ??

I can’t see why waiting is going to balloon solicitor fees as nothing will be happening.

You know this already but your solicitor is being a pain, to me it sounds like they are looking to cash in on this and move on.

I’d still be telling both solicitor and insurance company you want more time to see where the injury goes. And get clarification on the €7000, if you have to pay legal fees.

everlast75

miklo wrote: »

My solicitor is dealing with the insurance and they offered 7000€ to settle the case outside the Piab. If I refuse and I do not proceed with the claim I still have to pay the solicitor fee.

Also he said that the longest the case will take to settle the higher the fee will be.


I am stressed about all this situation, probably I choose the wrong solicitor he has never been clear.He gives very vague answer to my questions.

You can challenge his or her fee.

Do not think that because you are presented with a bill you have to pay it in full

listermint

not yet wrote: »

Not always the case...

If the other side refuse to engage with Piab you have no choose but to use a solicitor.

But the other side offered money.

People often make he mistake of going to a solicitor after an accident when often just engaging with the insurance companies is the best and first step. You pay for this service that's what some of the premium is for.


The op may now have had to give a solicitor a bunch of cash for nothing .

Solicitor should be the last option

_Brian

listermint wrote: »

But the other side offered money.

People often make he mistake of going to a solicitor after an accident when often just engaging with the insurance companies is the best and first step. You pay for this service that's what some of the premium is for.


The op may now have had to give a solicitor a bunch of cash for nothing .

Solicitor should be the last option

It depends.
My case was against FBD and they were very unprofessional, I was getting calls from their settlement team a week after the accident at 11:30 at night offering me silly settlements. I asked them to stop and they didn’t.
First thing the solicitor did was get this stopped and all correspondence sent to them, I’d never have had the success I had without my solicitor.

miklo

everlast75 wrote: »

You can challenge his or her fee.

Do not think that because you are presented with a bill you have to pay it in full

how can I do it? I found the fee not honest for what he is doing and I am not happy about his vague attitude when asking advises and information.

miklo

liam7831 wrote: »

Headache ? Hardly linked to the incident is it ?

I have a medical report stating that it is related due to the muscle tenderness. I need to keep doing physiotherapy

listermint

_Brian wrote: »

It depends.
My case was against FBD and they were very unprofessional, I was getting calls from their settlement team a week after the accident at 11:30 at night offering me silly settlements. I asked them to stop and they didn’t.
First thing the solicitor did was get this stopped and all correspondence sent to them, I’d never have had the success I had without my solicitor.

They were engaging to settle with you.

You could have made the decision yourself . Tbh instead you chose to hand over more money to someone else to handle it for you

You paid for a service granted but you could equally have handled yourself but chose not to.


In your case sounds like it was unnecessary it was a choice.

miklo

listermint wrote: »

They were engaging to settle with you.

You could have made the decision yourself . Tbh instead you chose to hand over more money to someone else to handle it for you

You paid for a service granted but you could equally have handled yourself but chose not to.


In your case sounds like it was unnecessary it was a choice.

Now know,i made a wrong choice.As I cannot change things now, my question is , do I accept the offer or I refuse and submit it to the PIAB? how many chance there are that the case will end up to the court causing more stress and costs? is t worth?
I wish I could change solicitor has I do not fully trust him and I am not happy with the lack of information he is providing. I wrote him many email but he never replies and when I call him he is very unclear and vague.


I am tempted to accept and close the case just because it is stressing me too much. On the other side I am afraid I am making another mistake.

Eggs For Dinner

SeeMoreBut wrote: »

Have you comp insurance? As you can get yourself sorted and they’ll chase other company.

Your own insurance company will not pursue a 3rd party for an injury claim on your behalf

not yet

liam7831 wrote: »

Ah ya true enough but most insurance companies or individuals will try and avoid court if their in the wrong. Last move imo is getting a solicitor

Don't agree, The rate of interaction with Piab is only about 50%. Insurance companies tend to think, 'Ah sure they might just drop it' if we don't engage that point.

Motor

72%

PL

18%

EL

10%

not yet

liam7831 wrote: »

Headache ? Hardly linked to the incident is it ?

How so..? Headaches are very common when dealing with neck/shoulder muscle injury..

not yet

Has you solicitor covered your medical bill etc to this point ? If not that amount is excessive.

liam7831

_Brian wrote:

You know this already but your solicitor is being a pain, to me it sounds like they are looking to cash in on this and move on.

_Brian wrote:

I can’t see why waiting is going to balloon solicitor fees as nothing will be happening.

not yet wrote:

Don't agree, The rate of interaction with Piab is only about 50%. Insurance companies tend to think, 'Ah sure they might just drop it' if we don't engage that point.

not yet wrote:

How so..? Headaches are very common when dealing with neck/shoulder muscle injury..

not yet wrote:

Has you solicitor covered your medical bill etc to this point ? If not that amount is excessive.

I think the person doesn't need anyone elses advice now your here, An expert on piab claims (giving stats with no backup), medical issues and legal bills.

miklo

not yet wrote: »

Has you solicitor covered your medical bill etc to this point ? If not that amount is excessive.

He did not, I paid the medical report 350 € myself. He sent a extimation of fee of 3000€+100€misc ( phone, fax,copies)+ vat

bertsmom

Well maby the time for all this thought and consideration was BEFORE engaging a solicitor and not after. I have little sympathy with you. My personal opinion is people see easy money signs the moment they have an accident.
I was recently involved in an accident which was the other drivers fault (the crash investigator agreed with me) so far I have received numerous solicitors letters advising me he is suing me for personal injury. Thankfully it's getting more difficult for these false claims to get awarded and people who bring about these claims have to pay for their own legal costs.As he was running around and being violent and aggressive after the accident it's not thought he will get far.
My point is it's a bit silly to be blaming the solicitor now when you just didn't do your homework before looking for money.

miklo

not yet wrote: »

Don't agree, The rate of interaction with Piab is only about 50%. Insurance companies tend to think, 'Ah sure they might just drop it' if we don't engage that point.

Motor

72%

PL

18%
EL

10%

So, do you suggest to go through the PIAB?

AndrewJRenko

miklo wrote: »

- I found excessive the solicitor bill but he send it only few weeks ago even if I asked about his fee since the first meeting. He first told me to do not worry as the other party will pay for it and then he send me the expenses report, after submitting the claim to the insurer. I am not happy with it but I don't think there is any way to avoid it at this stage.

Did he send you a Section 68 letter at the outset with details of the likely charges?



https://www.lawsociety.ie/Solicitors/Practising/Practice-Notes/The-Dos-And-Donts-Of-Section-68/


If not, he's failed in one of his legal obligations and exposed himself to a formal complaint about fees.


Push him on his original committent that 'the other side would pay' and ask him about the S 68 letter.

miklo

bertsmom wrote: »

Well maby the time for all this thought and consideration was BEFORE engaging a solicitor and not after. I have little sympathy with you. My personal opinion is people see easy money signs the moment they have an accident.
I was recently involved in an accident which was the other drivers fault (the crash investigator agreed with me) so far I have received numerous solicitors letters advising me he is suing me for personal injury. Thankfully it's getting more difficult for these false claims to get awarded and people who bring about these claims have to pay for their own legal costs.As he was running around and being violent and aggressive after the accident it's not thought he will get far.
My point is it's a bit silly to be blaming the solicitor now when you just didn't do your homework before looking for money.

First of all I am not looking for money. I hired a solicitor to represent me as I did not have time and knowledge about those kind of claims. I actually asked for a consultation just to know my rights. I blame him for not being clear enough.

not yet

miklo wrote: »

So, do you suggest to go through the PIAB?

My solicitor lodged with Piab, the other side didn't engage, which is their right, You can try that route, it's really no harm and if you're not happy with the outcome you can still go the court route..

miklo

not yet wrote: »

My solicitor lodged with Piab, the other side didn't engage, which is their right, You can try that route, it's really no harm and if you're not happy with the outcome you can still go the court route..

This is my fear, I would like to avoid the court for the stress, the costs of it and stress

Reggie.

miklo wrote: »

This is my fear, I would like to avoid the court for the stress, the costs of it and stress

Only thing is that if you win your case in court your costs should be covered by the other side. You'll still have to pay your legal costs after the PIAB

not yet

miklo wrote: »

This is my fear, I would like to avoid the court for the stress, the costs of it and stress

Insurance companies play games hoping you'll drop it, 9 times out of 10 it will not get to court they settle beforehand..

Eggs For Dinner

not yet wrote: »

Insurance companies play games hoping you'll drop it, 9 times out of 10 it will not get to court they settle beforehand..

That's nonsense. Insurers do not think claims will just go away if the don't engage. The reason insurers settle prior to court is a decision made having weighed up the cost of the likely outcome in conjunction with the ongoing legal costs

not yet

Eggs For Dinner wrote: »

That's nonsense. Insurers do not think claims will just go away if the don't engage. The reason insurers settle prior to court is a decision made having weighed up the cost of the likely outcome in conjunction with the ongoing legal costs

Why do insurance companies leave it to the steps of the court if its not a game..

Eggs For Dinner

not yet wrote:

Why do insurance companies leave it to the steps of the court if its not a game..

Quite often they wait an see what judge is sitting. Sometimes a key witness for them doesn't show or, quite frequently, the claimant will accept the reasonable offer put to them if they start to doubt how solid a case they have. Claims rarely 'go away'

Insurers are starting to allow cases go all the way to court, just to have bogus ones be held in public.

not yet

Eggs For Dinner wrote: »

Quite often they wait an see what judge is sitting. Sometimes a key witness for them doesn't show or, quite frequently, the claimant will accept the reasonable offer put to them if they start to doubt how solid a case they have. Claims rarely 'go away'

Insurers are starting to allow cases go all the way to court, just to have bogus ones be held in public.

True, That seems to be happening more and more, and rightly so.

I was involved in a crash with a lorry 20 years ago, the insurance company in question had a rep at my door the day I got out of hospital offering 'no quibble' compensation, which was buttons.
I would have probably accepted it only my wife was a legal assistant, she rang her boss that day and he said under no circumstances engage with them, So forgive me if I have a slightly biased opinion of insurance companies.

My claim was on settled 'on the steps' after 2 years of little or no communication..

Eggs For Dinner

In your circumstances, it sounds like Quinn. They have a lot to answer for in throwing money at parties to an accident, both genuine and exaggerated. It has us where we are today

jcd5971

Actually have a claim currently in with the PIAB.

If you go to PIAB website you can look up the book of quantum to get an idea of what you could get, it does seem to have a wide range however.

My solicitor though gave me a "ball park figure" though and all fees are parked until case is settled. They have also walked me through every step of the process so far.

Your solicitor dosent seem great from what your saying so far.

not yet

Eggs For Dinner wrote: »

In your circumstances, it sounds like Quinn. They have a lot to answer for in throwing money at parties to an accident, both genuine and exaggerated. It has us where we are today

Yep..

bertsmom

miklo wrote:

First of all I am not looking for money. I hired a solicitor to represent me as I did not have time and knowledge about those kind of claims. I actually asked for a consultation just to know my rights. I blame him for not being clear enough.

Well what are you looking for if not money? Why did you hire a solicitor then? You asked for a consultation and got one. If as an adult you jave a problem with a service you need to say it at the time. You blame him for not being clear enough but thats not his problem the onus is on you to make sure you understand and it is clear. Your solicitor is not there to handhold and spend his/her time clarifying that you fully understand that is up to you.

December2012

What advice do you need from your solicitor? They cannot tell you if you will win the case if it goes to Court or how much you will be awarded or what the ultimate costs will be.

However, a good solicitor will be able to advise you in a ballpark way of how things may progress. They can talk to you and advise you of your options and fully explain them to you.

They will also be able to tell you what fees are covered and what they will expect from you if you don't win.

Request an appointment with them so you can clarify your position before you accept or reject anything

Reggie.

Currently going to the high court myself OP. Just waiting on a date. Could be Oct in Galway. Only applied for high court so not sure how quick you get a date but I believe you get a few settlement meetings first to try and sort it before you enter any courtroom.

In an accident 2 years ago. Other party lost control on a corner and hit my vehicle head on, on my side of the road too so really no question of liability. Went through the whole before and after process of the PIAB. Amount offered was very low even by the book of quantum standards.

If you refuse the PIAB findings then a barrister is appointed and they decide which court it goes to. District, circuit or high court.

This all depends on what seriousness the barrister deems the offences to be and how much the compensation could be.

For instance the minimum amount of compensation a high court can offer is €60,000 but you may have to pay your legal fees out of that. Usually tho if you win your case then the other side pays them.

So the barrister will only go to the high court if your case meets the criteria. Barristers are basically hired "big guns" that move your case to the next level. Things very very relaxed from the PIAB to the court date as the isn't much going on. Only stress that I get is the day of any legal meetings but other than that it's just a waiting game.

mrsbeebee

Reggie. wrote: »

Currently going to the high court myself OP. Just waiting on a date. Could be Oct in Galway. Only applied for high court so not sure how quick you get a date but I believe you get a few settlement meetings first to try and sort it before you enter any courtroom.

In an accident 2 years ago. Other party lost control on a corner and hit my vehicle head on, on my side of the road too so really no question of liability. Went through the whole before and after process of the PIAB. Amount offered was very low even by the book of quantum standards.

If you refuse the PIAB findings then a barrister is appointed and they decide which court it goes to. District, circuit or high court.

This all depends on what seriousness the barrister deems the offences to be and how much the compensation could be.

For instance the minimum amount of compensation a high court can offer is €60,000 but you may have to pay your legal fees out of that. Usually tho if you win your case then the other side pays them.

So the barrister will only go to the high court if your case meets the criteria. Barristers are basically hired "big guns" that move your case to the next level. Things very very relaxed from the PIAB to the court date as the isn't much going on. Only stress that I get is the day of any legal meetings but other than that it's just a waiting game.

A lot of inaccuracies here.

Settlement meetings only take place if liability is conceded.

A barrister is not appointed. They're instructed by the plaintiff solicitor and the team together on reviewing the claim will decided in which court to lodge the claim.

If a plaintiff fails to get an award equal to or above a piab award then they are not entitled to their own costs and the judge can if they wish award the defendant their costs (although I have yet to see this happen in a case where the plaintiff got a monetary award).

There is no minimum the HC can award. They can throw the whole thing out and award zero if there is reason to do so. Its meant to be for cases with a value of €60k and above. If a plaintiff fails to get an award of €60k they will only be awarded circuit court costs and may have to pay the balance.

OP, I'm sorry you're going through this. Your solicitor needs to explain things better. Sometimes people who are so used to a system (pi solicitors and claims handlers alike) it's easy to forget lay people have never been through it before and have to clue what to expect. We can't advise you on your case here but insurance companies do not generally pay costs if a case is settled before piab have released it. They don't have to. So costs on any settlement made either before, during or on receipt of a piab assessment will have to be paid by the plaintiff. Generally if pain or treatment is ongoing it would not be a good idea to settle.