Why settle for less?

I’ve been looking through a file of papers for a client, who I’ll call Andy. He first rang me a couple of weeks ago, concerned that he did not receive enough for his personal injury claim. After our first conversation, I wrote to request the file from the previous solicitors and it eventually arrived this morning. So what exactly happened, and how do we plan to help him?

It’s looking like he is a victim of solicitor negligence! Despite the medical report detailing a very severe shoulder injury and indicating the need for further medical evidence and rehabilitation, Andy was advised to accept a very low settlement. He is still experiencing problems with his shoulder and has continued to receive ongoing hospital treatment, travelling some 100 miles each way for treatment on a weekly basis. There is a real possibility that he may not even work again.

After discussing things further with Andy, it turns out he thought the monies agreed were just an initial payment to help him for the time being, whereas his solicitors had accepted the sum in full and final settlement, regardless of any ongoing problems. Worse still, as the compensation was accepted by the firm of solicitors on a full and final settlement basis, Andy is not able to reopen his claim against the original defendant and its insurers. He would lose out on the cost of further treatment, any earnings if he is unable to work and damages for the ongoing pain and suffering. Talk about adding insult to injury!

How under-settlement happens

Unfortunately some personal injury claims are being under settled due to solicitor negligence. It may be that the claim was undervalued by the solicitors or that the client was pressurised into settling the claim quickly without proper consideration of the case. Some firms are relying on under qualified or unsupervised staff to handle personal injury claims and the results are there to see. I regularly see cases where there is a lack of communication with clients about their losses, or failure to understand medical reports and the extent of injuries. No wonder claims against solicitors are on the rise. In Andy’s case, his previous solicitors failed to make it clear the payment was in full and final settlement and not just an interim payment.

I estimate that Andy’s claim should have settled for around 3 times the compensation that he received. Luckily it’s not the end of the road for Andy. He has 6 years to make a claim for professional negligence against his former solicitors. I expect to be able to negotiate compensation for him, to rectify his solicitor’s mistakes. Hopefully, in the near future, he will receive the proper compensation that he deserves.

If you suspect that your claim was under settled within the last 6 years, we can review the case for you, obtain a copy of your previous solicitors’ file of papers and check whether you have suffered a loss as a result of your solicitor’s negligence.