Choosing the right solicitor
It is more important to instruct a solicitor with experience than to allow someone who is inexperienced to handle your case purely because he/she has an office close to your home. In seeking expert medical advice you would probably not hesitate to travel some distance to see the right specialist. The same considerations apply to brain injury compensation claims. Choosing the wrong solicitor could result in under-valuation of your claim. It is important that you choose a solicitor specialising in brain injury work.
Brain injuries are complicated and involve different considerations from other forms of injury. It is very important that the solicitor you choose to handle your claim understands the complexities of your injury and how your own injury is likely to affect your life. A specialist solicitor will know the right expert to instruct in your claim which will result in fair and just compensation to you.
The solicitor that you instruct will explain to you how your claim will be conducted. This advice could seem complicated, particularly following a brain injury. You must, therefore, always ensure that you take someone with you who will help you understand the questions and understand the advice and perhaps ask questions that may not occur to you. Never hesitate to take notes. The solicitor you instruct should send you a letter setting out the advice that has been given at your initial meeting. If you do not receive such a letter you must not hesitate to ask for the advice in writing.
It is common for claims for compensation for brain injury to take 3 to 5 years and in some cases longer. The reason for this is that it is important to ensure how your brain injury is going to affect your future and to assess all your future needs. This will enable your solicitor to value your claim properly. You should not, therefore, expect your case to be settled quickly - indeed, it is unlikely that a swift settlement would be in your best interests. Delaying the settlement of your claim should not prevent your solicitor from obtaining an interim payment for you in most cases.
The solicitor that you instruct will find it helpful if you can keep a record of important events in a diary and also keep a list of expenses that you incur.
It is important that your solicitor explains to you the various options for funding your claim, how costs can be recovered and how your position in relation to legal costs can best be protected.
It is hoped that you will find this list helpful to you in selecting a solicitor who is competent to handle your case.