This is intended as a guide to the sorts of questions you should ask when consulting a solicitor about your brain injury claim.
Make sure you ask these questions of the actual lawyer that has/will have the day to day conduct of your claim: NOT just the firm where they work. You may want to ask about specific experience of the type of case you have but the following general questions may help.
Brain injury claims can often take several years to conclude so you will need to ensure that you feel comfortable working together on what can be a complex and demanding case. Remember, if your solicitor does not meet your expectations, you can change representation, even when you have started the legal process. You should not have to put up with a lawyer who does not inspire confidence.
- Are you a qualified solicitor? If not, what are your qualifications and who will be supervising you? When did you qualify?
- How many brain injury cases (worth in excess of £1Million) have you been the lead solicitor with day to day conduct of the litigation in the past 5 years? How many of those cases are you currently handling?
- In which courts are those cases being litigated? (These cases should be run in the High Court. If the answer is a County Court you may want to ask why?)
- How many brain injury cases have you personally handled in the past 5 years where:
(i) Liability has been in dispute? (ii) Provisional damages have been claimed? (If none, you should be concerned) (iii) An award of periodical payments has been made?
- What level of professional insurance indemnity cover do you carry? (These cases can often be worth in the region of £10-15 million. You should ensure that your solicitor is adequately covered).
- Are you a member of any of the following?:
(i) Brain Injury Group
(ii) Association of Personal Injury Lawyers. If so, at what level? (iii) APIL’s Brain Injury Experts Panel
(iv) Headway Panel (v) The Law Society Personal Injury Panel (vi) Individually (i.e. personally) listed in Legal 500 or Chambers UK (the two leading peer review directories) of leading lawyers in the field of personal injury law
- I have the benefit of legal expenses insurance (as part of my home contents or motor insurance policy). Can you act for me under the terms of that insurance?
- Will you act by way of Conditional Fee Agreement? If so, will you take any success fee from my damages? (Some lawyers will take a success fee of up to 25% of the award for damages for the injuries and past losses. Others will not take any of your damages).
- Will you advise on Court of Protection Deputyship and investment of damages? Some firms want to act in the litigation so they can make commission on the investment of damages. Ask them for details of how much money they will make on this aspect. Do they have a transparent charging policy?
- Can you put me in touch with 3 past or current clients so I can ask them about their experience of your handling of a brain injury claim? (If the solicitor is reluctant, you may want to consider why).
- Have you ever been found liable (or admitted liability) for professional negligence arising out of any personal injury/clinical negligence claim? (If so, please explain the circumstances).
- Have you ever been found guilty of/ admitted a charge of a breach of professional conduct by any professional regulator (e.g. Law Society, Solicitors Regulation Authority or Solicitors Disciplinary Tribunal) arising out of your handling of a personal injury/clinical negligence claim? (If so, please explain the circumstances).
The above questions should help you decide which solicitors are worth seeing for an initial consultation. After that consultation, you may want to ask yourself the following further questions:
- How quickly did the lawyer respond to my initial enquiry?
- Did the lawyer explain the process to me in plain English and without baffling me with legal jargon?
- Was the lawyer able to answer my questions and give me confidence in their abilities?
To find a specialist brain injury solicitor in your area, click here /find-brain-injury-solicitor/
These questions have been compiled by Warren Collins of Simpson Millar LLP.
Find a Brain Injury Group approved brain injury solicitor
All of our members have to go through a vetting process to ensure they are experienced experts at handling brain injury cases.
Each and every Brain Injury Group member firm of solicitors has been approved as capable of looking after a brain injury claim and related legal issues associated with brain injury.
LAWS – providing initial free legal advice
What is the Brain Injury Group?
Brain Injury Group is a free service designed to connect those affected by a brain injury (whether there is a claim or not) to a range of experts who may be able to offer advice and assistance.
If you’d like to find out more about the work of Brain Injury Group, you are at the right place! You can follow the links below to:
- Find a Brain Injury Group recommended brain injury solicitor
- Get free legal and welfare advice
- Find out more about funding care for a brain injured person
- A-Z Directory of goods and services
- The latest brain injury news and useful articles
- Get in touch with us via email at email@example.com
The Brain Injury Group exists to support individuals and families affected by brain injury and the health and social care professionals working in this specialist field. Our mission is to provide anyone affected by brain injury with access to advice on legal, financial and welfare benefit issues delivered by proven experts in the field who have been chosen not only for their skills and knowledge, but also for their passion and dedication to helping people.
As well as providing legal and welfare advice, Brain Injury Group provide training for legal, health and social care professionals. View our award winning Brain Injury Group brain injury training events.
The Brain Injury Group brain injury directory
How can Brain Injury Group help you?
If you would like advice about bringing a brain injury claim, capacity, deputyships, managing the award of compensation or any other aspect of brain injury welfare, legal or financial advice, we have specialist brain injury solicitors and Court of Protection solicitors who can assist.
You can find full details of Brain Injury Group members on our website or there are several ways to get in touch:
- Call us on 0800 612 9660 or 03303 112541
- Email us at firstname.lastname@example.org
- Complete this short enquiry form and we’ll get back to you
- Find a specialist brain injury solicitor near to you