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specialist acting for defendants in personal injury claim..

  • 19-08-2018 08:04AM
    #1
    easygoingguy30
    Registered Users, Registered Users 2 Posts: 23 ✭


    hi
    I seen the doctor acting for the other-side  a few weeks ago.looking back he was trying to get me to talk more about my ankle..i  had hurt my back  and neck in the accident and that is what i had the claim for,but my ankle had been giving me abit of bother now and again and fared up again after the accident.
    I was not claiming for the ankle ,because i dont think it was caused by the accident.
    But the specialist was trying to get me to say it was caused by the accident and for me to say that so he could put it in his legal report. (I did not,i told him the truth)
    Is this to make me out to be a lair in court,so they will look bad on my part??
    If i am not claiming for the ankle,is it even of any importance to the claim?


Comments

  • #2
    Under His Eye
    Closed Accounts Posts: 907 ✭✭✭Under His Eye


    Talk to your own solicitor about this.


  • #3
    Eggs For Dinner
    Registered Users, Registered Users 2 Posts: 3,242 ✭✭✭Eggs For Dinner


    Are you saying the doctors representing the person you are suing are asking you to exaggerate your injuries?


  • #4
    easygoingguy30
    Registered Users, Registered Users 2 Posts: 23 ✭easygoingguy30


    i do not think it was for my benefit,the defence is there to find fault in the case and if they get you to lie,well it goes in there favour.


  • #5
    Eggs For Dinner
    Registered Users, Registered Users 2 Posts: 3,242 ✭✭✭Eggs For Dinner


    easygoingguy30 wrote:
    i do not think it was for my benefit,the defence is there to find fault in the case and if they get you to lie,well it goes in there favour.


    Yes they want to find fault in your case, but you're suggesting that the medical representative of the person you are suing was trying to entrap you. I'vr never heard of that


  • #6
    easygoingguy30
    Registered Users, Registered Users 2 Posts: 23 ✭easygoingguy30


    But how does that fair out on the legal end of things?(should it not be taken into account if not claiming for it)


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  • #7
    nuac
    Registered Users, Registered Users 2 Posts: 6,767 ✭✭✭nuac


    Mod
    Talk to your own solicitor about this. Your difficulty with your ankle may have been mentioned in replies to particulars etc.


  • #8
    easygoingguy30
    Registered Users, Registered Users 2 Posts: 23 ✭easygoingguy30


    But if it was not mentioned in reply to particulars etc..it should’ve of been no concern to the specialist..?


  • #9
    easygoingguy30
    Registered Users, Registered Users 2 Posts: 23 ✭easygoingguy30


    But if it was not mentioned in reply to particulars etc..it should’ve of been no concern to the specialist..?


  • #10
    Victor
    Registered Users, Registered Users 2 Posts: 78,904 ✭✭✭✭Victor


    easygoingguy30 wrote: »
    If i am not claiming for the ankle,is it even of any importance to the claim?
    So, you have suffered a number of incidents where you have been injured, but they (at best) have responsibility for only one, will be their point of view.


  • #11
    mrsbeebee
    Registered Users, Registered Users 2 Posts: 83 ✭✭mrsbeebee


    easygoingguy30 wrote: »
    hi
    I seen the doctor acting for the other-side  a few weeks ago.looking back he was trying to get me to talk more about my ankle..i  had hurt my back  and neck in the accident and that is what i had the claim for,but my ankle had been giving me abit of bother now and again and fared up again after the accident.
    I was not claiming for the ankle ,because i dont think it was caused by the accident.
    But the specialist was trying to get me to say it was caused by the accident and for me to say that so he could put it in his legal report. (I did not,i told him the truth)
    Is this to make me out to be a lair in court,so they will look bad on my part??
    If i am not claiming for the ankle,is it even of any importance to the claim?

    If its mentioned in any of your other medicals, ib form, civil bill or replies he will have to ask you about it. You say you are not claiming for it but if its mentioned in any of the above it may state that its a previous injury exacerbated by this accident. He has to talk to you about it because if he doesn't they can't value/estimate the claim properly. Also it could look like they are trying to ignore it and as much as insurance companies may be considered the most evil of all enterprises, they are bound by the Central Bank's Consumer Protection Code whereby any settlement offer is to be fair and reasonable.


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  • #12
    randomrb
    Registered Users, Registered Users 2 Posts: 351 ✭✭randomrb


    easygoingguy30 wrote: »
    But if it was not mentioned in reply to particulars etc..it should’ve of been no concern to the specialist..?

    He is asked to fully assess the patient in front of him in regard to an accident so if your ankle flared up after the accident it is of concern to him.

    However I can't think of a single case where the defendants have attempted to disparage a claimant by saying that they have under-reported their injuries. I wouldnt worry he was likely just being thorough.


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