Personal injury claim

[WellingtonsLeftBoot09]

I am writing for my brothers wife. She was seriously injured in a road accident last year. She is lucky to be alive, her injuries were serious. The police officer told the family that she nearly died at the scene. The accident wasn't her fault.

She was self employed prior to this (hairdresser) and due to her head injuries she is unable to return to the same line of work. She really isn't fit to work, its congnitive problems, i.e. memory and multi tasking, thinking, organising and severe depression. Its like she is an elderly person suffering dementia, but she is a young person. If you didn't know her, she looks ok initially, but after a few minutes in her company its obvious something is wrong. She constantly forgets what she is saying/doing/thinking etc and is confused. Simple tasks take her an eternity.

They are not entitled to any state benefits whatsoever as her gp sent her and my brother to citizens advice as they are struggling to survive on one wage and pay for her ongoing costs to attend the continuing numerous NHS medical appointments (parking and travel costs) and pay for her prescriptions and medical needs etc and just survive as a family.

Her solicitor has contacted the other drivers insurance several times and they have ignored them. This has been ongoing and her solicitor has finally said, after my brother had a meeting with them recently, that unfortunately there isn't much that they can do and despite legal deadlines and guidelines in place, the law governing this area has little power. Basically thats it. No point in threatening them with court action and they can't pursue the other driver as they were insured and thats why you have insurance.......

I am really worried about them as a family. Its like she is an older person suffering from dementia but in a younger persons body. At a passing glance she looks fine but within ten minutes in her company its apparent something is wrong.

My other brother visited them and confided in me just now that he is worried that due to her head injuries, the situation they are in and the depression its causing her, that she could either forget what medication she has taken and take too much or take too much and not really care or remember.

Has anyone experienced an insurance company who just ignore the solicitor? My brother said to my other brother that he is going to see if he can change solicitor and get a better service elsewhere with another firm. It seems so wrong. They live in the south of the UK and I live in Scotland so I Skype them and try to visit as much as I can but its getting frightening. I hope to go and visit them in less than a fortnight and stay for 10 days and just try to help sort something out legally.

Thanks for any advice.

Did she use one of these injury lawyers for you type law firms? Has the other party taken responsibility for the accident?

Is she not entitled to esa (although if SE she may not have paid enough ni over the qualifying period) and perhaps pip longer term? There are head injury charities who might be able to advise.

I would say they need a second legal opinion. That doesn't sound right at all.

They could prepay prescriptions for a year which should save money.

Thank you for your replies.

We are looking into a monthly prescription pre-payment card which will help.

She had contribution based ESA which lasts for 12 months and its almost up. Anything means tested they are just outside of the limits of.

They were using a local firm of solicitor and not one of the ones that advertise on the tv etc.

They have an appointment with a headway recommended solicitor early next week. Which will give my brother time to get her paperwork together and get a second opinion. From what he said after speaking to the new firm they sounded quite shocked at the lack of any progress and very proactive, in terms of getting her an interim payment and access to the health care she needs.

The other driver has written in their statement that the police took at the scene that they hit her. Although thats all they have as of yet.

I think what shocks me is that the other driver, knowing just how serious it was and was unhurt themselves, has yet to make contact and ask how she was/is. They didn't even attempt to ring 999 we don't know how long she had lain dying for until someone arrived and took control. I understand that its not ok to admit responsibility etc and compromise your position but it can be done to send a cheap card to the hospital or via the police etc, offering your concern and good wishes without compromising yourself.

Thanks for your help it was really useful and its formed a plan for my brother!

Did she have any professional insurance or personal injury insurance before the accident? What about household or life insurance? Some of these may include illness and injury cover if she bought it.

I wouldn't draw anything from the other party not having made any direct contact after the event (their insurance co and the 999 business is a different matter). Generally people are told they're better off letting this stuff get dealt with through lawyers and insurance companies. Years ago a friend who made some contact with the family of child he'd hit (completely the child's fault) to check on the child's progress got a right bollocking from his insurance co.

I hope that with a solicitor with bigger boots on you'll get some action, as it sounds like you've been really poorly represented so far.

Was she in a car herself? Her insurance company should be fighting this for her surely?

I have a friend who specializes in personal injury. She advises that you should always go to a specialist firm and if you have a good case avoid "no win no fee".

I think (but may not quite remember correctly it was a while ago we talked about this) that she advised that if you get offered no win no fee it means you have a good case!

Thank you Mrsbutterscotch I've messaged you.

She was a pedestrian stood waiting on the pavement. The car lost control and hit her. It crossed its lane of traffic and went onto the opposite lane too.

They were offered no win no fee and told they had a good chance of success but my brother said that they have an after the event policy for the costs should it not go their way.

Thanks everyone.