Horror Stories

I recently took over a case for a motorcyclist who had been badly injured in a road traffic collision in Scotland. He had been airlifted to Queen Elizabeth University Hospital where he had remained for seven days. He sustained chest trauma with multiple rib fractures, flail segment and a haemothorax. He was referred to a panel solicitor by his insurance company.

On reviewing his file, I was shocked. I couldn’t find a basic client statement on file, yet the initial statement is the cornerstone of any case. It’s drilled into our qualified Lawyers from day one of their two-year traineeship. With no statement on file, what could the “case manager” know of her client? How could she truly understand the impact of injuries on him as an individual? This job cannot be done by email exchange and form filling.

As Lawyers, we have a professional obligation to our clients. What I reviewed on the panel solicitors’ file was a process and a process doesn’t work for those who are seriously injured. It’s about respect, understanding and compassion. Trust must be established between client and Lawyer day one and that can’t be done with a few email exchanges. A ‘one size fits all’ approach simply doesn’t work. An injured motorcyclist is not just a number in a numbers game. They are not part of a process and they deserve more.

The case studies or ‘horror stories’ as we call them in the downloadable file are just a few examples of where we have stepped in to help injured motorcyclists lost in the process having been referred to a panel solicitor or non-specialist.

I believe that in order to provide the best possible service your Lawyer needs to be a motorcyclist and we have plenty of those. Remember legal representation is your choice, so make that clear to your insurer. The booklet can be found here.

Brenda Mitchell
Senior Partner
Motorcycle Law Scotland

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