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Title: My damages claim is dragging on

Date: 16 May 2013

Question

I had a crash whilst filtering in 2012. I messed up both shoulders, collar bone, shoulder blade etc. I have been told that it will have to go 50%/50%. I won’t give you the whole saga but suffice to say I have had nothing but hassle from my Ortho Dr, Physio etc, not contacting me having to be re-referred, no contact from the other side and cancelled operations.

Now I was first offered 10k from the other side after a few weeks. My solicitors (from Insurers) could not advise me about taking it as I had not had a medical report. So I left it.
Over a year in and so much grief I just want this over with. I have spoken to my Solicitors and told them to call them and ask them to make an offer as I just want it done with! I am still waiting for an op.

Yes the money would be handy but I just don't want this hanging over me any more.
Now my issue is I told my Solicitors months ago to get it done. They have been unable to get hold of anyone. Email, letter, calls, voice mail! There is a named individual who seems to have vanished. They contacted the main office to see if they could talk to ANYONE. They were told that they would get them to call back. Nothing!

It’s been nearly 4 months now and still nothing, not even "We are waiting for a medical report" or "we are going to deal with it in court" from the other side!
Is this normal? What are they doing?

Bungle1078, MCN Legal Forum

Answer

It sounds like you are having a frustrating time of it and that your solicitors are not progressing the claim as per your instructions. I do not believe the opponent's representative is simply not available or that your solicitors cannot find someone there who will progress your claim. If this really is the case then this is exactly why the courts exist - for you to be able to progress your claim. If they don't respond to court proceedings then you simply get judgment in your favour with an amount to be decided by the court, cutting out the inactive third party. Your solicitors should be managing this for you. I appreciate you have had enough of the process but would suggest you get an interim payment to tide you over until such time as you know your prognosis as to settle now would risk under settlement of your claim.

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