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Do all defence medicals in personal injury cases...

  • 30-11-2018 08:39PM
    #1
    breda1970
    Registered Users, Registered Users 2 Posts: 26 ✭


    hi all.
    I was involved in an car accident a few years back,the injuries released it because was to complex for them.
    Since the accident i have been seeing a number of specialist consultants regarding my injury.
    My solicitor started proceeding and i seen a specialist for our side.as far as i know,the report was sent to the the defence.
    The otherside/defence sent me to see a specialist,he had a folder of my doctor reports etc on his desk to go through.
    I felt he had a few set questions in front of him and did,nt like the answers i was giving him.
    my question are-
    -Does the defence give there specialist consultant a copy of our report?
    -Can a specialist acting for defence try and go against 4 other specialist in there prognosis?
    -Are all defence specialists there to rattle your case
    thanks guys


Comments

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


    breda1970 wrote: »
    -Does the defence give there specialist consultant a copy of our report?
    Most likely
    breda1970 wrote: »
    -Can a specialist acting for defence try and go against 4 other specialist in there prognosis?
    Try, yes. Succeed, that's up to the evidence and hte judge.
    breda1970 wrote: »
    -Are all defence specialists there to rattle your case
    They are primarily to give the defendant a second opinion on the evidence, not connected to the plaintiff, and the likelihood of the claim succeeding. Based on this, the defendant can decide on how to proceed.


  • #3
    breda1970
    Registered Users, Registered Users 2 Posts: 26 ✭breda1970


    when the defence receive there medical reports from there specialists,do they tend to make an offer or what is the process?

    Do both sides have to agree they are ready for court?


  • #4
    [Deleted User]
    Posts: 1,478 ✭✭✭ [Deleted User]


    breda1970 wrote: »
    when the defence receive there medical reports from there specialists,do they tend to make an offer or what is the process?

    Do both sides have to agree they are ready for court?

    Depends on when the reports are shared between the solicitors, very often medical reports aren't shared until the case is ready to into court. However, the report or reports you submitted to the Injuries board will be available to the defence solicitors.

    It is likely that the report(s) will have been relied on in pleadings prepared by your solicitor (pleadings are documents where your solicitor states your case and describes your injuries, or where your solicitor has given further information to the defence (following a request from the defence) or the defence itself.

    So, while the defence expert may not have seen your report(s), they will be aware to some degree to what they contain. Again, depending on where you are in the case, the defence expert may have access to your medical records (usually after a defence has been filed but if a matter is suitably complex both sides can agree to share them earlier).

    When the defence receive their report, they will see if they think they can still fight and win the case, or if it is prudent to attempt to resolve it quickly. Without knowing the contents of the defence's report, it's impossible to know what strategy would be best in this circumstance.

    Depending on where you are in the country, it can take considerable time to get your case a hearing date in court. In theory both sides have to agree they are ready to go to court, but if one side is dragging their heels the other side can ask the court to compel them to go to court or have the case struck off (more or less discontinued).

    If you have any questions about where your case is currently at, call your solicitor and ask them. They work for you, you are paying them, same as any other service.


  • #5
    breda1970
    Registered Users, Registered Users 2 Posts: 26 ✭breda1970


    When the defence receives there report,who decided what should be offered,if anything at all?(solicitor/barrister/insurance company).
    Is any offer made purely on what is said in the defendants report or does 4 years of going to specialist doctors regarding the injuries not even taken into consideration?


  • #6
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp


    breda1970 wrote: »
    When the defence receives there report,who decided what should be offered,if anything at all?(solicitor/barrister/insurance company).
    Is any offer made purely on what is said in the defendants report or does 4 years of going to specialist doctors regarding the injuries not even taken into consideration?

    As was already mentioned, it's not as simple as having the reports. There can be the issue of liability.

    Assuming that liability isn't an issue, usually both sides meet to try and settle the case without having to go to court.

    Based on your medical reports, your legal team will have an idea how much your claim is roughly worth and they will advise you accordingly. And it all depends on the severity of the injury, what your out of pocket expenses are, loss of earnings etc., how much it affects your life and if it will affect your employment prospects in the future.

    The defence team will also estimate how much your claim would be worth based on the things I mentioned in the previous paragraph.

    Usually they both meet up and try to work out a deal. If an agreement can't be made, then it's off to the big roulette wheel also known as court.


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