Can I transfer my Personal Injury Claim or Medical Negligence File?

Whether your not happy with your current solicitor or in the unfortunate event that they have ceased trading we are here to give advice on what to do next.

The personal injury market has taken a downturn over recent years with legal reforms to fix costs and make pursuing claims almost impossible, so it comes as no surprise that many firms have went into administration.

Any solicitor who has been appointed by a client to handle a personal injury or medical negligence claim must act in their best interests and act professionally. Like any other business, solicitors have to work to the highest standards to ensure the satisfaction of the client because it is becoming increasingly common for dissatisfied clients to look elsewhere and change solicitors, as they are entitled to do.

This can be done at any point in the claim if you feel that:

• Severe lack of communication
• Instructions are not being following under your recommendations
• You deal with a different solicitor on every milestone in your case
• Your solicitor is not getting you treatment for your injuries
• Your case is being rushed and may not be getting you the best result financially
• You are receiving standard and generic letters and you are not satisfied with the advice being given

Firstly before you act hastily, you should always attempt to resolve your differences with your solicitor and talk things through, but it is common to lose confidence in your solicitor and it is then difficult to come back from that. If you do choose to transfer your file to a new legal firm, then this is quite straightforward and shouldn’t cost you anything, but learn from your experience and choose wisely.

Selecting a new solicitor

Personal injury and medical negligence claims can be daunting and stressful, but you should make sure you keep your frustrations in check, and not allow them to sway your judgement. Do not make rash decisions and instruct a new company without properly considering whether they have the relevant expertise to handle your claim. Does this new legal company use qualified solicitors or simply ‘claims handlers’? Check their credentials, via reputable reviews on Google or third party review websites. It is very easy to find yourself back in the same situation, so you must do some research and choose wisely if you have decided you must have your file transferred.

Fees involved in transferring your file

In the event that you have decided you must change your legal representation, your original solicitor is entitled to retain the file on your claim until any outstanding fees have been paid. In such cases your original solicitor will enter into discussions with your new solicitor and seek to recover costs from the claim when it eventually concludes. This is known as ‘exercising a lien’ and is very common in the legal profession.

Many legal cases are funded by a Legal Expenses Insurer, and under normal circumstances, they will have no problem with you changing solicitors. It is true that some people feel uncomfortable explaining to their original solicitor that they are wishing to stop using their services, but usually your new solicitor will make the required arrangements for you, via a letter and/or phone call. Your only requirement is to sign a consent form to allow the transfer of your file and instructions.

For more information on transferring your personal injury file please contact our specialist team who can help you bring a claim and advise you. Call us today on 087 2905001 or fill out a contact form and one of the team will contact you at a time that suits.