Asbestos

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John Pickering and Partners
 For victims of injury or industrial disease throughout the UK and abroad

How to choose a solicitor

You are better off going directly to a solicitor than through claims handlers, who advertise on TV and Radio. They have had very bad press recently. But before you choose a solicitor, be aware that most high street solicitors will not turn away a client with a compensation claim, and will not refer you to a specialist solicitor. This type of case is often now so complex that you should have a specialist.

You have to avoid giving your case to someone who does not have enough time to devote to it. To help you get a specialist, and someone who is not already overworked, ask some of these questions. You do not have to instruct the first solicitor you see, if you do not like the answers you get.

  • Is the person who will be doing your case a qualified solicitor ? If so, will he or she do your case personally ?
  • If not, who will do it ? Insist on meeting the person who will actually do your case before you agree to the firm taking it on.
  • Does the solicitor do other types of work as well as compensation claims?
  • Has the solicitor ever dealt with a case similar to yours? What was the result? How long did it take? How long ago was that?
  • Does this solicitor or do his/her colleagues in the firm also act for insurance companies defending compensation claims brought by people such as you ? This is allowed, but you might prefer to have someone doing your case whose firm does not also work for the other side.
  • Out of all the compensation cases the solicitor has, in roughly what percentage has he or she started a court action? The higher the percentage, the better - it should be at least 50%. This shows that the solicitor gets on with cases instead of negotiating with insurance companies.
  • How long does it typically take the solicitor to get a compensation case to court ? This is worth asking because some solicitors are reluctant to go to court at all. If it typically takes more than 2 1/2 years, the cases are not being done quickly.
  • Is the solicitor a member of the Law Society's Personal injury Panel? If not, why not ? Are any of his or her colleagues ?
  • Does the firm have a Legal Aid Franchise in personal injury work?

If you do not ask at least some of these questions, you may well end up with someone who is not a specialist, or someone who is already too busy. If this happens, you risk bad advice and delay.
As well as these things, ask your solicitor:

  • Is yours a good case? If yes, why? If no, why not?
  • How long will it take?
  • How much compensation will you get? If it is not possible to say now, when will it be possible to say?
  • What will it cost you to bring the case?
  • Is legal aid available to you?
  • Is a conditional fee agreement available to you? ("No win, no fee") This is explained later on.
  • Can you take out insurance against the risk of losing the case?
  • Who will pay for this insurance?

Do not be frightened about claiming. Your employer may be big and powerful, but the case will be referred straight to an insurance company. The insurance company only have to pay out if there was some blame on your employer.

Do not be worried about court proceedings or a trial. Nearly every single case is settled without a trial. But you are likely to get your case settled faster and for more money if your solicitor takes a grip on the case and starts a court action. Some solicitors prefer not to do this because it means more effort for them. It is easier to wait and see if the insurance company will make an offer.

But it is not better for you. Avoid solicitors who will not force the pace. Everybody knows that cases take too long, and the longer it takes to get a court action started, the longer it will be before you get paid out.