What Does a Personal Injury Solicitor Do and What Should I Ask Them
A personal-injury solicitor does more than send letters asking for compensation.
A personal-injury solicitor does more than send letters asking for compensation.
Their job can include assessing legal responsibility, identifying the correct defendant, protecting time limits, gathering evidence, obtaining medical opinion, valuing losses, advising on offers, dealing with court procedure and helping the client make informed decisions.
The exact work depends on the claim. Understanding both the service and how it is funded is important before you sign an agreement.
At the beginning: merits, defendants and deadlines
A solicitor should understand how the accident happened and whether the facts potentially support a legal claim.
They should identify who the claim is against and consider limitation. Pre-action protocols do not extend statutory limitation periods, so deadline management is an important part of legal representation.
They should also explain what information they need from you and what you can reasonably expect from the process.
Evidence and medical experts
The solicitor may obtain records, witness evidence, documents and appropriate expert evidence.
Medical experts are independent. Their role is to provide opinion within their expertise, not to act as an advocate for either side.
For serious injuries, the solicitor may need to coordinate several types of evidence so that physical injury, psychological effects, work, care and future needs are properly understood.
Valuation and negotiation
A solicitor advises on what losses are legally recoverable and what evidence supports them.
They may prepare or oversee a schedule of loss, consider offers and advise about litigation risk and cost consequences.
They should not guarantee a particular settlement figure simply to secure your instruction. Early estimates can change as evidence develops.
How am I paying for this?
Ask this before signing, not at the end.
Possible funding can include a Conditional Fee Agreement, legal-expenses insurance, trade-union support, private payment or other arrangements depending on the case.
GOV.UK advises that a solicitor should explain costs before you agree to hire them. “No win, no fee” also does not necessarily mean there are no other possible costs, expenses or deductions.
Ask for an illustration using realistic numbers: if the claim settled for £10,000, £25,000 or another relevant figure, what could potentially be deducted under my agreement?
Questions worth asking before instructing
Consider asking:
• Who will actually handle my case day to day?• How often will I receive updates?• How quickly do you normally respond to messages?• What funding agreement are you proposing and why?• What success fee, insurance premium, disbursements or other deductions could apply?• What happens if I lose?• What happens if I end the agreement or want to change solicitor?• How will rehabilitation needs be considered?• How will you value future losses if my recovery is uncertain?• What is your complaints procedure?
A good solicitor should not be threatened by sensible questions about the retainer.
Your solicitor is not your therapist, doctor or financial adviser
A legal representative can be supportive, but different problems need different expertise.
Medical professionals deal with treatment. Benefits or debt advisers deal with entitlement and financial difficulty. Counselling can help with the emotional impact of injury and the claim process.
Keeping those roles clear avoids expecting one professional relationship to solve everything.
Important informationThis guide provides general information and is not intended to provide legal, financial, medical or other professional advice. Individual circumstances can be different. You may wish to check current information from official sources and seek advice from an appropriately qualified professional before making important decisions.