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Title: How can I speed up my injury claim?

Date: 24 April 2014


Three years on from my accident (a car turned right across my path leaving me in hospital for 4 weeks with multiple fractures and a punctured lung) I am getting fed up of all the appointments my solicitors are sending me to. I just want the claim to finish and use my compensation to buy an adapted home and to save money for future care that I will need. I have just been told I will need to see an employment expert for my legal team and one for the car driver’s insurer.

But I have just finished vocational rehabilitation which made it clear I am not going to be working again in anything other than part time non manual work which will be tough as I was a welder before the accident. I have no other qualifications. Must I continue with all these appointments or can I settle my case and move on with my life?

Richard Clark, by e-mail


I know it can be frustrating but the law requires the Claimant to prove his case. In order to do so experts in each relevant discipline are required. These experts write reports for the court (as opposed to for the paying party – although there are frequently widely varying opinions between experts instructed by Claimant and Defendant solicitors!). As a major part of your monetary claim revolves around your ability to work and therefore loss of earnings it is understandable that employment experts are required.

The vocational rehabilitation you refer to is part of your treatment and is outside of the litigation process so it is important to have an independent report to support your claim. I imagine you have undergone a functional capacity evaluation and if it is the case you cannot return to your pre-accident employment it is important that any alternative possible employment is considered. The expert will consider your educational and work experience and see if any skills are transferable into a different role or whether any training could be beneficial to enable you to work in a different field. These training costs form part of your claim.

Whilst you can instruct your solicitor to settle at any stage you would be well advised to comply with their request for the employment report before considering settling.

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