What do I do ?

[letsmakeamark]

I was involved in a legal spat against my previous employers for a injury.

However I had had one of these no win no fee companies acting.

 

After preparing the paperwork they told me they could not issue and sent me the paperwork.

I issued it but did not include a particulars of claim .

This claim got dismissed and summary judgment for costs was given against me.

This was not to be enforced without permission of the court. 

 

I had a second injury which happened in 2016 which I issued a claim my self after letting 2 specialist companies handle it.

They again let me down and I issued off my own back but was unable to provide a specialists report into the injury etc.

 

This second claim was dismissed and I was ordered to pay costs.

I have now put a N244 application in to have set aside and have a date in Feb next year for the hearing. 

Both sets of solicitors have been extremely helpful.

 

Here is goes the snag :

 

I reported this injury via email to my area manager who refused to acknowledge it.

I then took this to the HR of the company and again they acknowledged the email but no reply to it.

I then passed this chain of emails on to the person who was dealing with it at the insurance company again it got passed from pillar to post.

Until now.

 

Trouble I have us I have claimed against my former employer and Thier client for the injury.

However as the area manager never logged the incident.

The employer is or was not aware of this.

 

As the employer is not aware they did not make their client aware of this.

However for some reason the employer's insurance company are fighting this despite providing proof of the injury being reported to  in the first place.

 

I have not been assessed by a professional apart from my own go sending me for a scan and some physio.

I have been told I have double rotor cuff years but these have not shown on a normal scan I have been unable to get a orthopedic surgeon to assess me as they require a referral from a go or solicitor. This is now getting annoying where solicitors for the first defendant (employer) will not budge and admit they have misled everybody over this.

 

Also how do I get myself assessed ?

This is a long story but I do not really want to start to name shame the companies involved unless I have to.

[SuperVillain]

This raises a lot of questions.

1) Why did your solicitors tell you they couldn’t issue for the first accident? How long ago was this?
2)What were the circumstances of the second accident? (E.g. location, what happened, who else was involved, what injury did you sustain)?

3)Why was the claim dismissed, and what were the circumstances of the dismissal (eg did the Defendant apply to have the claim struck out, or did you go to trial)? 
4)Following on from 3, on what grounds are you seeking to have the dismissal set aside?

5)Were the injuries in your first accident related to the injury in your second accident? 

 

Theres a procedure for making a personal injury claim, eg letter before action, exchange of medical evidence, etc, and I don’t know if you’ve followed it.

There’s more questions but start by answering that lot...

 

[letsmakeamark]

Thanks for replying .

 

These are the answers :

1. Solicitors had decided not to proceed on the first one as they said due to legal costs involved i should issue the claim.

 

2. I was taking a delivery on behalf of a well name brand.

Employer was contracted to them.

Injury was due to moving heavy goods.

I sustained Rotor cuff injuries but cannot confirm as only have had a Basic Scan.

I did not have any training by employer for handling heavy goods and from what i know no risk assessment has been carried out.

 

3.The claim was dismissed as i did not follow the protocol and was unable to provide a POC as i couldnt get my self assessed by a specialist and serve a POC before the hearing.

 

4. Personal circumstances.

 

5. No neither injuries are related.

 

I did a lba but was unable to disclose any medical info apart from letter from gp and copy of report from sonographer.

I also did not supply a POC.

 

I had instructed a medical company for to allocate a specialist however after serving the claim i was told by the company"they were not allowed to take self referrals" which shot my claim down.

 

However i did apply for permission to file and filled the N244 incorrectly due to personal circumstance.

I did not do anything until the hearing when i got a judge who listened to what counsel were saying and counsel sited a court case where litigants in person are no longer treated as lips.

The judge agreed and dismissed the claim.

 

The judge also had infor on the previous claim which was dismissed.

I was told i have had two bites at the cherry.

Hearing was 30 minutes long at the max and the judge was more nterested in what counsel had said.