FAQS - Changing solicitors during an existing Medical Negligence claim

I have an existing claim but want to change solicitors. How can I do this?

You may already be bringing a clinical negligence or personal injury claim and have instructed solicitors to deal with it for you. However, these cases do take time and can become more complicated than originally anticipated. If, as the case continues, you are not happy with either the service and/or advice that you are receiving, you may well wish to know if you can seek a second opinion or change solicitors.

We are frequently approached by claimants who are considering a move because they are not happy with the advice they have received. We are also contacted by solicitors who only carry out a limited number of clinical negligence or personal injury claims and feel uncomfortable taking a case further without the right expertise. A number of the cases we have concluded and that are currently ongoing have been transferred to us as a result of such approaches. Often we have been able to achieve a positive result either in terms of success in a difficult case or by securing a much higher level of damages than anticipated.

What happens about fees?

Cases do move around between solicitors and usually we can agree with your current lawyers that their fees will be put on hold and recovered at the end of the case (if successful) along with our fees, so that the case can simply be transferred across to us. Occasionally solicitors can be difficult about their fees and require payment at the time of transfer but we will be able to advise you on this and negotiate with your previous solicitors where necessary. In most cases, we will either transfer the existing funding of your case across, if this is possible or, more often, enter into a new conditional fee (no win no fee) agreement with you.

Why would you want to move solicitors?

The most common reason for transferring a case to us is because the existing solicitors lack the expertise to deal with a case which is high value and/or complicated. This can often happen in brain injury cases where there is no experience of dealing with claimants' needs or in clinical negligence claims where the solicitor handling the case only has experience of personal injury work. 

Other reasons for changing include delay or lack of communication, multiple transfers of case handler or inadequate advice on prospects or settlement value. Sometimes the person dealing with the case leaves the firm or the firm gives up clinical negligence or personal injury work or even closes down.

We are used to dealing with all these scenarios and can assess the situation, advise as to whether we can help, and discuss the pros and cons of transferring your case. We will do so on a no fee and no obligation basis so that you can make an informed decision about what you want to do.

Ultimately if you are bringing a claim, you need to feel confident that your solicitor will achieve the best possible outcome. If you have concerns about the advice or service that you are receiving, it is always worth getting an additional opinion before concluding a case on terms you are unhappy with.

What should my next step be?

If you would like to talk to us about taking over your claim, simply call us FREE on 0800 328 9545, email clinnegspecialist@penningtonslaw.com. Our specialist team will explain the process to you and advise on whether we can take on your case, free of charge and without obligation.

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