The Penningtons Manches personal injury team is regularly asked to take on cases which are either being handled or have been rejected by other law firms. While we cannot assist in some cases – either because of prospects of the case or because we feel that it is not in the client’s interests to transfer their case - we do take on some of these cases. Below are a selection of recent examples where have not only been able to progress a claim but also to recover damages for the client:
Philippa Luscombe, head of the Penningtons Manches personal injury team, comments: “Our team has always had a reputation for being prepared to take on difficult but valid claims and for not giving up easily. We are also known for our particular expertise in head injury cases and clients often come to us by personal recommendation following enquiries about options for a second opinion. Wherever we feel that we can add value by taking the case on, we will do so.
“We regularly see difficult personal injury cases – either from a liability, complexity or value perspective - where other solicitors have not had the expertise to investigate and assess the case properly. The clients have either been told there is no case or been advised to settle at a wholly inappropriate sum. We see this particularly in the context of brain injury where we see firms dealing with cases who have no understanding of the issues surrounding brain injury claims and what sorts of damages should be investigated and claimed.
“There is some protection for claimants who are protected parties and need to have any settlement approved by the court. But in some cases, we see a failure to identify that, in fact, the claimant is a protected party and needs to be managed accordingly. The recent funding changes have compounded these problems. Because of the significantly restricted recovery of fees in injury litigation, firms are looking to discard difficult cases and settle others quickly. This potentially compromises claimants’ ability to bring claims and recover appropriate damages.
“We are always happy to talk to people who are not satisfied with the advice given on their existing claim or whose claims have been rejected. If we can see a basis for a case we will help where we can. For those suffering serious injuries, a second opinion is always worth considering given the potential outcome.”