Ask some of these questions before you entrust your asthma claim to a solicitor
- Is the person who will be doing your case a qualified solicitor and will he or she do it personally?
- How much experience of lung disease cases does the solicitor have?
- What proportion of the solicitor's caseload involves lung disease?
- Has the solicitor taken such cases to court, and if so, how many?
- Does the solicitor or do his colleagues also work for employers and insurers defending compensation claims brought by people like you with lung disease? This is allowed, but you might not prefer your case to be dealt with by a firm that does not also work for the other side.
- How long does it take the solicitor to get cases to a conclusion in court? If it typically takes more than 2 years, then it can be done more quickly.
- Are the solicitors accredited by reputable organizations, such as The Occupational and Environmental Diseases Association (OEDA), the Law Society's Personal Injury Panel, The Spinal Injuries Association, Headway, or Action for Victims of Medical Accidents (AVMA)?
Your employer may be big and powerful, but your employer will refer your case immediately to an insurance company. Nearly all cases are settled without a trial, but this does not mean that these cases are easy. You will have your case settled faster and for more money if your solicitor takes a grip on the case and starts a court action quickly. Some solicitors prefer not to start court actions because it means more effort for them. It is always easier to wait and see if the insurance company will make you an offer. This is not the best thing for you.
Once you have chosen a solicitor and your case is underway, ask some of these questions:
- Has a court action been started?
- When will a court action be started?
- Has your solicitor obtained the written evidence your employers will rely on at court?
- Has your solicitor obtained witness statements, which will support your case?
- Has your solicitor worked out the value of your case?
- Has the solicitor obtained from the court a date when your case will be tried?
- If a date has not been obtained, ask when this will be done
Although the Courts themselves have recently taken much more control of the progress and timetables of court actions, you are better with a solicitor who will force the pace.
If you ask about progress, you should be told within a few days exactly what is happening in your case. If your telephone calls or letters are ignored, there is likely to be something wrong, and it is most likely that your solicitor has too much work already. If your questions are ignored or you cannot understand the answers you get, or if you are forever ringing or writing without getting a reply, you should think about getting another solicitor. |