Choice Of Solicitor For A Legal Action

[nino]

Hi. I trust someone here will be able to advise me on this matter.

I have approached a legal firm in order to start a medical negligence action.

I also have a stand alone legal cover bought through my insurance brokers and legal cover is also available my trade union membership (but never approached them).

 

The legal firm I have made contact with , told me that under the Legal insurance terms I am not allowed to chooce my own legal team but must select from the insurance 's own panel. However if I want to retain them then they will start the ball rolling on a no win no fees basis ("put in a place a deferred private client retainer", to use their words). The matter should resolve itself but if the doctor refuses to accept responsibility there will be a need to go to court. I am told that at that point my legal team will go back to my Legal insurer and ask them to fund the case.

My question is : is it true that - although the Legal Insurance can now refuse to assist me because I have not chocen their own solicitor - the Legal Insurer will have to change their stance (they are "obliged to do so" in the words of my legal team ) and provide financial cover to my own legal team to pursue the issue in Court ?

Is it true that this is down to the fact that it is against some sort of consumer right to restrict the consumer's choice they way the Lgal Insurer interprets the contract ?

I am fearful that if this is not proven so I ill be lumped with huge legal bills , far in excess of what the claim itself might be rewarded for , if successfull.

Thanks

[Guest Old_andrew2018]

TO be honest I think you are making a mistake, you have legal cover why not use it.

I suggest your legal insurers have their own panel, partly to decide on the chances of success, you are suggesting that your case will be funded because your lawyers ask for it, well it won't.

When you write about being left with huge fees I think you are correct.

[Guest Old_andrew2018]

any news

[nino]

I have made use of a firm of solicitors that are on my house insurance panel. Just to cover my axxxxse.

 

It took almost three months for my medical records to be released by my GP , just as solicitor were about to applly for a Court order. The one month for the solicitor's clerk to write a report for the expert - but which I had to correct twice (!).

I think 4 weeks have now passed since the report went to the expert (which I hope is entirely independent...) and there expectations for another 4 to pass before the expert gives his views.