How can I get my solicitor to settle my claim?

Two years ago I was injured during a lesson at a riding school, I fractured my leg and arm and was off work for several weeks. I have been left with permanent scaring and I have ongoing mobility issues. I instructed a solicitor and liability has been admitted. I am frustrated over the number medical appointments my solicitor expects me to attend. I just want the claim to settle and to put the accident behind me.

Answer

We understand your frustration but, as the Claimant, the law requires you to prove your case. In order to do so, evidence is required from medical experts, often from a range of disciplines. Judging by the injuries that you have sustained it would appear that, at a bare minimum, you would require examination by an orthopaedic surgeon and a plastic surgeon. These experts write reports for the court and enable the General Damages element of your claim to be valued. General Damages refers to the compensation that you will receive for your pain, suffering and loss of amenity.

You state that you have ongoing mobility issues, this means that it might not be possible for the orthopaedic surgeon to give a definitive prognosis at this stage. The expert may have recommended re-examination at a later date, following which a further (and hopefully final) report will be prepared.

Whilst you can instruct your solicitor to settle at any stage you would risk underselling your claim if you do so before the medical evidence is finalised.