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Managing the Stress of a Personal Injury Case

Apart from the problems caused by your injury, taking legal action can cause further stresses and strains. These can be minimised if you know what you want, what to expect and have chosen an effective lawyer.

      1. You are not alone

      2. Afraid of taking legal action?

      3. Afraid it might be too late to take legal action?

      4. Worried about how long legal action will take?

      5. Insurance company wearing you down?

      6. Lawyer a pain in the neck?

      7. Medical examination by an expert witnesses.

      8. Received an offer to settle out-of-court?

      9. Worried about going to court?

      10. Finding it all too much?

      11. All over?

  1. You are not alone

  • In 2004, about 12,000 personal injury cases were settled through the courts - 13% in the Small Claims Court, 84% in the County Court and less than 5% in the High Court.

  • Fun is an antidote to stress - try to see the funny side when you discuss your case with friends and family. My lawyer was excellent at turning tears to laughter.

  1. Afraid of taking legal action?

  • Finding out if you have a valid case doesn't commit you to anything. Prompt action to find a lawyer gives you time to make an informed decision and meet any deadlines for taking action.

  • I felt daunted when I started my case but my fears were unfounded.

  • Question the motives of anyone making you feel intimidated about taking legal action.

  • Most people receive justice but no legal system is perfect. For every headline about a successful but outrageous claim, there is the tragedy of a victim who lost a seemingly strong case.

  1. Afraid it might be too late to take legal action?

  • A lawyer will tell you the time limit in your case.

  • The time limit for issuing proceedings (a lengthy process) is usually 3 years from when you realised (or should have realised) you had suffered an injury (conditions such as asbestosis appear years after exposure to asbestos dust). There are exceptions where the limit is shorter or longer. For injuries to children, the 3 year limit doesn't start until they are 18 but an appropriate adult may take legal action on their behalf before they are 18.

  • In exceptional circumstances, the court has the discretion to allow cases to proceed after deadlines have been missed.

  1. Worried about how long legal action will take?

  • Most people want their cases dealt with quickly and the legal process is being streamlined. Since this site started the average time from setting down for trial to disposal has decreased dramatically in the County and High courts. If your condition is deteriorating, it may be in your interests for the case to continue until the full extent of your injury is apparent.

  • Claims in the small claims court settled, on average, in six months.

  • Cases in the County Court usually have to be completed within a time limit of 3 years, the average is about 1 year.

  • The High Court usually deals with the more complex cases and there is no set time limit. The average completion time is 2 years.

  • A legal case is not officially finished until the legal fees have been settled. The definition of reasonable legal fees is usually a cause for dispute and can easily take 6 months to settle. If negotiations fail, the case can be referred back to the court for a judge to decide.

  1. Insurance company wearing you down?

  • The person / company responsible for your accident (the 'other side') will normally be insured and compensation will be paid by their insurance company.

  • It could be in the interests of insurance companies to make the legal process as slow and exasperating as possible so you either miss a deadline and the case ends or you accept the first measly offer to settle. Efficiency means paying out as little as possible. Are you going to let them grind you down or keep fighting for justice? If you are entitled to compensation for your injury, why give it away to shareholders?

  • When the behaviour of the 'other side' irritated me, a friend said, 'Don't worry, that's just number 14 in the book of dirty tricks'. It was always number 14 but it helped to put things in perspective.

  • Are you sure any delay is deliberate? Perhaps, the 'other side' isn't treating your case with as high a priority as you do. How many hands does a document go through before it reaches you?

  • Do you keep every scrap of paper relating to your past and present life? It may be useful as evidence. If the 'other side' try to make out you were a no-hoper before your accident you will need evidence to prove them wrong.

  • Insurance companies might send spies to video you. Playing spot the spy didn't make me in the least suspicious when I bumped into a real one. Insurance companies have a right to expose fraudulent claims but being spied on can feel like an invasion of privacy. If you have a genuine case, any videos they make should support your case. Be prepared for spin-doctors trying to use the video to support the insurer's case. I've heard of spies being reported to the Police, as behaving suspiciously.

  • If you are truthful, you can be holier than thou if you suspect that someone on the 'other side' is being economical with the truth.

  1. Lawyer a pain in the neck?

  • If you chose a lawyer carefully, you should have an experienced, competent lawyer who listens to you, gives clear explanations and inspires confidence. If not, then list the problems and discuss them with your lawyer. Little things - like taking a long time to reply to letters or return calls - can really niggle if you are anxious. There may be a way to relieve your anxiety sooner or perhaps your expectations are unrealistic. Changing lawyers is not something to be taken lightly.

  • Do you reply to you lawyer promptly when asked for information? If you reply promptly, you can grumble with an easy conscience if your lawyer or the 'other side' take ages to reply.

  • Do you read every document from your lawyer thoroughly? You are the expert on your life and know whether what is said about you and the accident is true and whether there is more to add. Your legal team are the experts in using the information you supply to gain compensation. They rely on you to supply the 'bullets' for them to fire.

  • Claims for financial loss (loss of earnings, medical expenses, care expenses etc) resulting from your injury have to be reasonable and backed up with receipts. Recording expenses and filing receipts promptly can save stress later. Do you know what information is needed? For my home help expenses I had to state the name of the agency, the name of the home help, the actual hours worked each week and the cost per hour. Just keeping receipts was not sufficient.

  • The weight of documents arriving from your lawyer may seem to increase exponentially as the trial date approaches. Take the courage to open the envelopes - the contents may not be that bad. However, trying to read them all at once might give your brain indigestion. Spare a thought for those whose injuries mean they are no longer able to read and understand legal documents.

  1. Medical examination by an expert witnesses.

  • Expert witnesses are expected to produce unbiased independent reports. Regardless of which 'side' is paying for the report. If you expect your expert witnesses to be on your side do you really want justice?

  • The choice of expert witnesses can be crucial to your case. This is one reason why it is so important to choose a lawyer experienced in claims for your type of injury or illness. They will know from experience which experts are held in most esteem. For background information about a particular expert witness, ask your lawyer or access the links at www.venables.co.uk

  • Both 'sides' can send you for medical examinations and have access to all your medical records. You will be asked to give consent but a refusal could be considered unreasonable by a judge and as a last resort, proceedings could be stopped. Be prepared for your doctor becoming exasperated when your medical records are not available for his/her use.

  • There could be strange interpretations of your medical history. You know the whole story - someone reading your notes may just have noticed an unrepresentative instance. Your lawyer needs to know about any discrepancy.

  • From my experience, I would recommend taking a friend or relative (and written details of your symptoms, treatments and how the injury affects your everyday life) to any medical examination.

  • If travel is a problem, you can ask to be examined at a local hospital.

  1. Received an offer to settle out-of-court?

  • An insult? Don't panic.

  • Listen to legal advice before accepting any offer to settle. Some first offers are very low because insurance companies know that people become fed up with the legal process and just want the case settled. Accepting the offer in full and final settlement means you cannot go back to court for more money - even if your condition deteriorates. Accept in haste and risk repenting at leisure.

  • Ask how much of the money you would actually receive.

  1. Worried about going to court?

  • In 2004 most cases were settled in favour of the injured person. (83% in the Small Claims Court, 75% in the County Court and 62% in the High Court). These statistics exclude claims thrown out at an early stage.

  • Many cases are settled before the court trial - a few are settled on the steps of the court. In 2004, in the County Court 67% of personal injury cases were settled after the trial, in the High Court it was 31%.

  • There is no jury. The judge decides to what extent he believes the evidence presented in court by the defence ('other side') and the prosecution ('victim').

  • If you have been truthful, there should be no risk of being discredited in court. Beware of saying 'never' and 'cannot'. It may be more accurate to explain why you do not …

  • There is an element of risk associated with going to court compared to accepting a settlement out of court.

  1. Finding it all too much?

  • Discuss the problem with your lawyer - maybe the stress can be reduced.

  • Consult your GP about stress-management and any health problems.

  • If that fails, weigh up the negative impact of legal action on your well-being against the financial consequences of settling the case early.

  1. All over?

  • When it is all over, I hope you have received justice and can celebrate.

  • If the run-up to the settlement has been frantic, it can seem rather an anticlimax when the letters and phone calls stop. How about planning a holiday as a treat for persevering?

  • Before rushing into investing any significant awards, have you considered waiting until the stress of the legal process is out of your system? Financial advisers are usually persuasive. Are you up to making rational decisions about investing for your future? You cannot go back to court for more money if you lose it through risky investments. Or might you be tempted to spend it all if it was easy to access?

All statistics are Crown Copyright and taken from the Department of Constitutional Affairs Judicial Statistics for England and Wales for the year 2004

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