I think my barrister has under estimated the value of my claim
Submitted by tonyjonestwo on Fri, 20/01/2012 - 20:08
I am a motor accident victim since three years ago. According to my reports from the doctors and specialists I have calculated the value of my claim. My Barrister has valued it at almost half the price I have and has given me minimum compensation values for my sufferings. I want to change my representation, but I think it is too late, what can I do? My solicitor has told me that if I go to court I will have to pay so much in costs that I would probably end up in debt and I should settle out of court for what I consider is 50% of my compensation. Thanks for any advice



Well, the bottom line is that
Well, the bottom line is that you've been informed of the potential risk in raising costs in the matter, so the decision is yours as to whether you wish to seek the advice of another solicitor/barrister, or whether you wish to take the advice of the ones you already have.
You may wish to seek the advice of a direct access barrister, who you would pay directly and provide the relevant information to - that barrister could then give you what is called an opinion, or advice, on what the likely compensation should be. This will of course cost you a fee, but if the end result is that the original barrister's opinion ties in with the direct access barrister's view - then you'll have a better idea of whether it is worth risking the costs issue by going to court instead of settling the matter.
thank's for the advice
Thank you for advising me of a direct barristers advice service. Can you let me know where and how to approach one so that I can find out the cost implications? thanks again for your response, with regards
You can search the Bar
You can search the Bar Council's directory for direct access barristers at the following link:
http://www.barcouncil.org.uk/about/find-a-barrister/public-access-direct...
Thanks for the help
Thanks for the help
I would like to add
I would like to add something.
The cost of an advise will depend on what you are claiming, if it is only personal injury and the medical report is available it could cost £250-900, however if you are claiming for a permanent injury it will cost more.
Also if the claim amount is not a lot then it wont be feasable to get an advice and the other side may not pay it back
If however it is a feasable then the bill can be reimbursed, however if your solicitor has an advice from a barrister then it may not be claimable twice
Judges decision
I also would kindly like to know, that if proceedings go to court, which they may well, what will the judges base their valuations on assuming I get a successful outcome? Will it be the barristers report solely, or will they pay some common sense to the actual injuries, suffering and loss of earnings I have incurred as a result and draw their own valuations based upon the evidence and thus ensuring me maximum compensation and not minimum?
just for the record, the barrister has valued my claim at between £15,000 - £20,000 and I feel that I should be entitled to between at least £25,000 - £30,000. Is this margin to narrow to follow, or to be of a sensible opinion allowing for additional costs which I have no idea may arise to? If I continue in the fashion things are going I can honestly see myself ending up with the minimum £15,000 which was the opponents opening offer.
Also, last but not least, how late into proceedings does it usually become before it is too late to change solicitors? Am I going to struggle to find anyone to take on my case in this late stage, given that proceedings have already been issued, and what's more am I entitled to at this late stage? Currently, the opponents are contesting the medical reports and I believe my claim may take another nine months or so before it goes to trial.
Thanks very much to all who offer their advice to me
that's it?
Nothing else to advise from anyone? Well thanks all the same...