Can I transfer my serious injury claim?March 17th, 2016
Choosing a solicitor after you or a family member have suffered a serious injury can be difficult. Your solicitor should be offering you and your family full support as well as having the necessary experience to deal with a complex claim.
If you are unhappy with your solicitor you have the right to transfer your case. What is important to understand is that you do not have to remain with a solicitor just because they are the ones who started your claim. You can transfer your claim at any time so that you can ensure you are receiving the best service and legal advice. Transferring a claim is easy and will cost you nothing.
At CFG Law, we frequently help clients who want to transfer their claim to us. You can speak to one of our specialist serious injury solicitors in confidence, with no obligation who will be able to advise you and help you transfer your claim. Our helpline is open 24 hours a day on 0800 612 8196. Remember there’s no cost to enquire to transfer your case.
Common questions about transferring a claim
We’ve looked at some common questions people ask when they are thinking about transferring their claim to another solicitor.
How hard is it to transfer my claim?
Transferring your claim is very easy. Check for a solicitor who has the experience to deal with your serious injury claim, and who supports and promotes access to early treatment and support to aid your recovery. They will then review your claim at no cost and will advise on taking on your case. All you then need to do is sign a form of authority. Your new solicitor will then arrange to have your file transferred to them and continue investigating the claim on your behalf. Your new solicitor will make all the arrangements; you do not have to do anything and you do not need to have any further contact with your current solicitor.
We will make all the arrangements with your current solicitor is you wish to transfer your claim to us.
Is it expensive to transfer my claim?
Transferring your claim to another solicitor should be free. At CFG Law, we will review your claim free of charge and advise you on transferring your claim. Remember, this is completely confidential and with no obligation.
Once your case is transferred to us, we will speak to your current solicitor to make arrangements to pay any outstanding charges or disbursements on your file once your claim is settled, which will be recovered from the other side.
My solicitor doesn’t get in touch with updates, is this a good enough reason to transfer my claim?
If your solicitor fails to keep you up to date with the progress of your claim, or communication from them is limited, you should seek a second opinion from another solicitor who will advise you on the process and what you should expect from your solicitor. The Solicitors Regulation Authority expects all solicitors to respond to their clients quickly and efficiently, so if your solicitor is failing to do this then you have every right to transfer your claim to another solicitor.
You have freedom of choice to instruct a solicitor of your choice and to transfer to any solicitor you wish. In our experience this is a common complaint and reason why clients transfer their claims to us.
We have also had people explain that they feel they are just one of a number of many clients in a large machine. They do not understand what is going on, they feel they get passed from pillar to post, or they feel their solicitor has no time for them because of their high case load.
I don’t agree with the settlement figure my solicitor is recommending, what can I do?
Often people do not agree with the amount their solicitor is recommending they settle their claim for. Lots of different areas need to be taken into account when valuing a claim, such as; loss of earnings (both past and present), specialist support and treatment, adaptations to homes and vehicles, as well as compensation for the injury itself. Your solicitor should look at each area and assess the amount of compensation you should be awarded. If you believe your solicitor has not fully addressed all areas of your claim, one of our expert solicitors can review your claim for you and advise on whether the figure truly reflects your claim, or if it needs investigating further.
We recommend getting a second opinion before your claim is settled. We will happily discuss your claim and can make the necessary arrangements to transfer your claim should you wish. If your claim has already settled, for what you believed to be an under-settlement, then we may still be able to help you obtain the compensation you deserve (this is called a professional negligence claim).
I feel my solicitor is persuading me to settle my claim too early, what can I do?
This is closely linked with the question above. There are a lot of factors involved in properly valuing a claim and the timing of the settlement is very important. If you have suffered a serious injury you may still have not completely recovered. The prognosis for the future may still be uncertain, which could mean that very important questions such as your ability to return to work and your future treatment needs may not be fully known. These claims for future losses are commonly the largest and most significant parts of your claim for compensation.
Unfortunately, we have experienced this concern from clients wanting to transfer their claims to us more and more frequently. Clients feel that they are being pressurised to settle where they have still not recovered or not had the opportunity to have the treatment and rehabilitation they need to fully recover before agreeing their damages.
My solicitor hasn’t spoken with me about treatment and support, is this something you can help with?
Absolutely. At CFG Law we have a unique approach and our aim is to help you gain access to early bespoke treatment and rehabilitation to aid a quicker and better quality of recovery. We provide full support for you and your family and will help you gain access to early treatment and practical support so that you can concentrate on rebuilding your life.
I’m concerned that my solicitor may not have the necessary experience and does not fully understand my injury, is this something you can help with?
Certainly. Different solicitors have different levels of experience and different approaches. Some firms have amalgamated into large companies that have hundreds of claim handlers dealing with tens of thousands of claims. It is important that you feel that you have full trust and confidence in your solicitor or the claims handler that is dealing with your claim.
In our experience, we have had clients transfer to CFG Law with cases that involved undiagnosed significant conditions (such as brain injuries and chronic pain) that were being run as low value claims by their former solicitors.
My claim has settled but I am unhappy with the outcome, is there anything I can do?
If you claim has settled then this cannot be reopened. However, you may be able to claim against the solicitor who was representing you if their actions led to your claim being under settled, discontinued (was unsuccessful) or struck out. Worryingly we are seeing more and more enquires from people who feel their solicitors have been negligent.
What do I do next?
If you are concerned with the way in which your claim is being dealt with by another firm of solicitors, we’ll give you honest and confidential advice on transferring your claim.
Speak to us today to on 0800 612 8196. Or alternatively you can fill in your details online and one of our dedicated team will call you back.