Changing Solicitors: Personal Injury Claims
If you are pursuing a compensation claim following a serious injury but believe your solicitor is not meeting your needs, JMW Solicitors can assist you. If the law firm handling your case fails to provide a quality service, you have every right to transfer your case.
Our specialist personal injury solicitors have taken on many cases that were previously handled by other law firms, and we believe we are often better equipped to give you the result that your claim deserves.
Contact us by calling 0345 872 6666 or complete our online contact form for clear, straightforward advice on your situation.
Our Check My Claim Service
We offer a Check My Claim service, which means you can get a second opinion when you have We offer a free Check My Claim service, which means you can get a second opinion when you have reason to doubt the service you are receiving from your current law firm. Our team of experienced solicitors can provide you with no-obligation advice that will help you to make a decision as to whether or not you really are getting what you deserve.
You should consider changing your solicitor if:
- You are not receiving sufficient payment for your injury or losses
- Your case is going on for too long, moving too slowly, you are not receiving regular updates, or you do not have a clear direction of where your case is going
- You have been told that your claim is not worth pursuing
We are listed in independent legal directories such as Chambers & Partners and the Legal 500, and have been recognised with numerous awards in the field of personal injury law. Above all, we value our clients and what we can achieve for them.
Reasons Why You Might Want to Switch Solicitors
There are several reasons why you might have questions about how your case is being handled, and want your claim to be looked into. The people whose claims we've checked out and taken on have come to us because of a number of different circumstances. The most common things clients say to us are:
"My solicitor has not arranged for me to get private treatment or rehab."
Not receiving private treatment or rehab early enough during your recovery process can have adverse effects.
JMW is more than happy to provide you with the means to access private treatment or rehab as soon as possible once you have chosen us as your personal injury claims solicitors.
“I don’t think my solicitor is handling my claim well - I haven’t heard from them for a long time, and I don’t feel confident with the advice they’re giving me.”
Regular contact with a clear idea of what is happening in regards to your claim is vital for a good client/solicitor relationship. Your solicitor should be keeping you up to date with your case, and a lack of communication can indicate an inability to give your case the time and attention it deserves.
One of the things JMW prides itself on is the feedback our clients give us, particularly when they tell us that they have been made to feel like ‘more than just a number’. If a lack of communication from your solicitor is causing you to question your relationship with them, please give us a call.
“I have been told I don’t have a personal injury claim.”
Sadly, some people can miss the opportunity to make a claim because of bad advice they have been given. Sometimes this occurs before they even have an opportunity to get their claim underway. Some law firms don’t feel comfortable unless they are confident that a client’s claim is going to be easy and straightforward to settle. Often, clients can be told by law firms that they don’t have enough evidence to make a claim, when it is simply the case that it involves more work.
We’re happy to take a look at any accident where the individual feels there is a claim to be made, even when they have been told previously not to bother. We’re totally committed to fighting for our clients’ rights.
“I think my solicitor is undervaluing what my claim is actually worth.”
It can be the case that an inexperienced solicitor can provide their clients with poor advice, or be overly eager to settle due to pressure to resolve cases quickly. This can be to the detriment of the client, and can mean that some elements of the claim are missed.
If you think your solicitor isn’t understanding what you deserve, we can provide a clear, objective viewpoint on your case. We have acted on a lot of cases where an initial firm hasn’t valued a case properly, and have gone on to secure substantial amounts compared to their original valuations.
“My solicitor has secured me a lower amount of compensation that I think I deserve.”
After an accident, it is natural to feel as though we are entitled to be well compensated - but handling a personal injury claim isn’t an exact science. Broadly speaking, your claim will generally be split into monetary losses suffered as a result of your accident and the ‘value’ of your physical injury determined by guidelines from the Judicial Standards Board.
Once a full understanding of how your injury has affected you, a good solicitor will tell you realistically how much your claim is worth, based on their experience. Less experienced solicitors can make mistakes, misinterpret medical evidence and provide you with poor advice. If you think there is something amiss in the compensation you have received, we can check that for you. We will provide you with a realistic idea of what your case is worth, and whether or not you are entitled to more compensation.
How Do I Transfer My Claim to JMW?
Don't worry, you will not have to speak to your current solicitor again if you do not wish to do so.
If you’ve made the decision that you would like JMW to handle your claim, the transfer process is very simple. First, you’ll need to provide us with some information about the law firm previously dealing with your case - who they are, what stage they have taken your case to, or whether they have settled your claim.
We will then send the paperwork that you will need to sign. This confirms that you’re happy for us to act for you and take over your claim. The paperwork will also contain a form that confirms you’re happy to transfer the file of work relating to your claim from your previous solicitors to us. It is very important that we are in receipt of the file, as it will help us to understand how your former law firm handled your claim, what the issues are on your claim, and identify any areas of investigation they have possibly missed.
We cannot start any meaningful work on your case without the file from your former solicitors, so it is vital that we have those papers.
Once the paperwork has been completed and we have received your file, our expert personal injury solicitors will thoroughly check through your file and start getting you on your way to the compensation you deserve.
Why You Should Switch to JMW
Don’t just take our word for it, read about some of the success stories we’ve created for our clients who were not satisfied by a previous solicitor’s efforts.
Mr E, who was diagnosed with bilateral pleural thickening
He was told by a firm of asbestos-related injury specialists that he did not have a claim. Our solicitors took his case on and secured him £400,000.
Miss C, who was injured after falling from unsuitable ladders at work
The firm she originally took her claim to closed her file. We checked her claim and secured her £10,000. Read the full case study here.
Ms H, who was involved in a car accident
She was told by her previous law firm she would only be able to get 50% of her total compensation award. We checked her claim and secured 100% of her compensation AND a substantial increase on the compensation she was told she deserved for the case.
Ms P, a minor who was sadly rendered paraplegic after being involved in a car accident
Her case was being poorly handled by her previous law firm and JMW was recommended to her family. We were able to secure a multi-million-pound compensation award to ensure Ms P can be comfortable and secure for the rest of her life. Ms P’s father said of us: “Absolutely first class... from the moment they were involved, I had no concerns whatsoever.” Read the full case study here.
FAQs About Switching Solicitors
It is natural to have questions surrounding the process of transferring your claim to us. We have put together a list of frequently asked questions that may spring to mind while you are making the decision to transfer your file over.
- How much does it cost to transfer my claim over?
It won’t cost you a penny to transfer your case to us!
- How much will it cost me to make a claim?
Most personal injury cases are operated on a no win, no fee basis. This means exactly what it sounds like; if your case isn’t successful, you won’t have to pay a penny.
The situation may be different if we are going to reopen a case that has already been closed, but this is something we can discuss with you over the phone.
- My insurance firm is telling me I have to use one of their solicitors, but I don’t want to. What can I do?
To be very clear, you are under no obligation to use a firm of solicitors your insurance firm is telling you to use. It is often the case that an insurance firm will have a panel of solicitors that they’d like you to use. However, this is primarily to enable the insurer to keep their own costs down. For the best results, we’d advise that you use an objective law firm, with no attachments to an insurance company.
We would advise against accepting an offer that an insurance firm makes to you at an early stage in the case. Insurance firms are known for employing the tactic of making an offer to an injured party shortly after their accident in the hope that the idea of having some quick cash will be more appealing than making a personal injury claim. Accepting this offer puts you at risk of under settling your claim, leaving you out of pocket.
We have dealt with many instances where, after our client has been made an offer from an insurance firm, we have secured them a greater, more appropriate compensation award. For example, our client Mr L was initially offered £10,000 in respect of an accident at work that amputated part of his finger. We went on to secure him £75,000.
- How long will transferring my case take?
It shouldn’t take too long. The most important thing is to sign the transfer paperwork we send to you, and then send it back to us as soon as you can. We will send it on to your old solicitor with a covering letter, and then it is down to that firm to get us your file as soon as possible.
- The defendant’s insurance firm has approached me with an offer to settle my case, just after I told them I was making a claim, and I don’t know if I should accept it or not. What should I do?
There are generally two elements that go into making up your compensation amount. These are known as general damages and special damages. General damages are to compensate you for the type of injury you’ve suffered, while special damages are intended to cover your monetary losses as a result of your accident. These can include cover for any loss of earnings, medical expenses or extra care given to you by a loved one.
As we hope you can appreciate, this means that we cannot give you an idea of what you are entitled to until we’ve had the opportunity to fully examine your case.
You should approach any law firm that claims they can get you a certain amount of compensation from the outset of your claim with a very healthy dose of scepticism. You should also question where they’ve plucked the figure from, given that it's unlikely they’ve had the chance to look at the amount of money you earn, understand how much care you’ve had from family members, and so on. Remember the old adage - if it sounds too good to be true, it probably is!
- How much compensation can you get me?
Unfortunately, this is another question to which there is no easy answer. Each claim is unique and therefore there is no set answer. Take a look at our Compensation Calculator to see the Judicial College guidelines to give you some idea of what you may be owed.
- Is it too late for me to change solicitors?
It's entirely within your rights to switch your solicitor at any stage during your claim, but we advise doing so as soon as possible. The quicker you switch from your previous solicitor to us, the sooner we are able to become familiar with your case and start work, meaning you'll reach a resolution quickly.
When contemplating a change of personal injury solicitors, swift action is particularly critical if court proceedings haven't yet been initiated. In England and Wales, you are given a three-year window to lodge a personal injury claim.
Should you fail to meet this deadline, your claim will be subject to the statute of limitations, implying you won't be eligible for compensation for your damages. However, there are exceptions for cases involving children, those lacking the capacity to manage their claim, or those that have died due to their injuries - consulting with a lawyer would clarify whether this exemption is relevant to your situation.
- I have already told you on the phone I’m happy for you to handle my case. Do I need to sign these papers and send them back?
Yes, we do need you to sign the papers and send them back to us, as we need formal written consent from you, which will enable us to act on your behalf. We can dispatch these papers electronically after you've made that initial call to us or send them in the post, whatever is best for you. Once you've returned the papers to us, we can get to work on your case straight away.
- Will I have to pay fees to my old solicitor?
Your previous solicitor might require payment for the services they've already carried out for you - usually, this is only necessary if you win your case, and your new solicitor should handle this process.
It's not common for individuals to pay solicitors upfront on a retainer for personal injury claims. Most personal injury cases are managed on a no win, no fee basis, otherwise referred to as a conditional fee agreement. This means that you bear no upfront costs, and your solicitor only earns a fee if the compensation claim is successful.
Alternatively, your situation might be covered by a personal legal expenses insurance policy, or you could be a member of a trade union that supports financing your case.
If you're considering changing law firms, your current solicitor should agree to a 'lien' on costs, which means that they'll reclaim their fees and any expenses from your new solicitor once your claim is settled and your new solicitor is paid by the defendant.
It's highly unusual for a solicitor to request payment of their fees before transferring your case to your new solicitor - such an action would exacerbate an already stressful period for you.
Talk to Us
Contact JMW Solicitors today to discuss changing solicitors on 0345 872 6666, for a no-obligation chat about your claim. You can also fill in our online contact form, and one of our team will call you back.
