Personal Injury Claim - Medical Expert Report

[stush]

Hi,

Not sure if this is the correct forum to put this on but here goes...

Somebody is making a personal injury claim against a friend of mine, basically stating that they were scarred due to a piece of equipment falling on her - the customer (when in actual fact the customer actually knocked the machine by moving slightly which caused it to fall on her).

The customer basically consulted a solictor and they are tryin to make a claim for compensation. The solicitor basically wrote to my friend advising them that a claim is being made against them and that their client had been to see a doctors, opticians etc.

When my friend called the solicitors asking to see some documentation from the doctors, opticians etc...the solictors wrote to them with copies of photos of the small burn from the customers mobile phone. My friend then called them asking them AGAIN for copies of documentation from the doctors, opticians the customer had supposedly seen. Again the solictors sent the SAME photos again..no documentation that had been requested. Each time my friend called they had not admitted any liability as they believe the customers movement caused the equipment to fall.

Again my friend called the solicitor requesting the documentation (now 3rd time this has been requested)...no reply from the solicitors.

5 months on...my friend recieved a letter stating how much compensation they required and stated that they had 7 days to pay it or court proceedings will start...without even sending my friend anything they had requested 3 times!! The quantams which were in the letter giving samples of previous cases and saying thats how they arrived at the compensation figure, were not event relevant to this case...the quantams had sample cases of children injured in different scenarios :S

Upon recieving this letter demanding the compensation money in 7 days. My friend calls the solictors once again....they speak to the secretary stating that this letter was recieved but each time previously when requesting the doctors, opticians documentation my friend hasnt recieved them..the secretary said they will get something in the post but advise my friend to get a solictor (she was very rude on the phone to my friend).

My friend recieved something in the post as mentioned by the secretary saying..thanks for your call and we look forward to hearing from your solicitor....again NO DOCUMENTATION recieved that was requested...

Once again they call the solicitors now saying why have you sent me this letter stating you look forward to hearing from my solictor when all i asked for was the documentation on the doctors/opticians findings which for some reason they dont seem to send....so this time my friend said that they would like a medical expert report...the solictors response....you know you did it..why dont you just admit it....you know you did it....just admit it...you said you did it...i know you did it....?? my friend replied at no point have i admitted liability...solictor HUNG UP! it seems as thought the solictors are trying bully tactics...

My friend now wrote to them as not getting anywhere by phone, requesting a medical expert report, also they stated that the quantams were irrelevant that the solictor had enclosed, and until my friend recieves the medical expert report they see this matter as finished as they dont seem to be able to offer any valid documentation apart from some photos from a mobile phone which are not very clear.

The solictors reply to the letter again didnt answer any questions and basically said that they will not be replying to any further letters from my friend and if the do not admit liabilty they will basically start court proceedings.

Sorry for the long message..but my questions are...

1. can a solictor speak like that basically saying you know you did it...why dont you admit it etc...?

2. is my friend within their right to see some kind of documentation to see what the customer is claiming for instead of poor quality mobile phone photos?

3. doesnt the solicitor need to have a medical expert report to get a true idea of how much they are claiming for instead of just writing to my friend demanding an amount without a medical expert report?

4. isnt a medical expert required to take the matter to court?

From what i can understand the solictors firm is just trying to bully my friend to get money out of them easily and not going through the correct procedure?

[old_andrew2007]

Hi Stush,
I have to say I am no expert, and there are experienced members on the forum who can advise,basically the solicitors have sent nothing apart from threats.
IMHO your friend is wasting time telephoning, wait for a county court claim to be forwarded, the use the civil procedure rules to request information.
If they have not already done so they should inform their insurers of the possibility of a claim being made.
Finally I assume all relevant information was recorded in the accident book, with a RIDDOR report if applicable.

Andy

[stush]

Thanks for your reply.

Yes they are definately threats. didn't think solicitors would speak to people like that. i think my friend as now dealing with everything via post, i've told them to keep a record of each letter and send recorded deliver so that the solicitor has no way of saying they didnt recieve it as they dont seem to be playing by the book.

Where can we see the civil procedure rules?

[old_andrew2007]

Hi
As I said earlier I am no expert, the civil procedure rules are vast, however only certain parts are important if you ever receive a claim.
This is where my lack of knowledge shows IMHO you will only need to use CPR 18 if you receive a claim, this is simply to request information there are many experienced members who can advise, and would be the first to direct you th professional advice if it was needed.