Saturday, July 21, 2007

Working as a Personal Injury and Clinical Negligence Solicitor

David Black considers life in the personal injury field of law

I live and work in Oxford. Rather unusually in this day and age, I have been working for the same firm throughout my working life. I started as a trainee and have over the last 17 years worked my way through the ranks. Indeed, I have been a partner for the last 12 years.

Initially having qualified, I dealt with a broad range of litigation work including matrimonial, civil litigation, criminal as well as personal injury. For the last 10 years or so, I have specialized in personal injury and clinical negligence working solely for claimants.

This type of work has had very bad press for some time with the advent of TV advertising and Claims Management Companies such as the (thankfully) now defunct Accident Group and Claims Direct.

These types of organizations were set up to sell referrals and cases to solicitors firms. The fees for each referral could run into several hundreds of pounds. There was frequently very little vetting of cases by Claims Management Companies. There would be no attempt to put an individual in contact with a local solicitor. Solicitors were frequently referred cases not on the basis of their competence or expertise, but on how much they were willing to pay.

There have, however been numerous solicitors and firms, including my own, that throughout this period have continued to strive to represent their clients best interests and put their clients interests first. For example, I fail to see how a solicitor can represent their clients best interests when a client lives in an entirely different area of the country. I think that it is important in all but the most straight forward of matters to ensure that I work for local clients. This helps to build up a good working relationship. We have face to face meetings and I am sure that this helps me to provide a better service.

Personal injury and in particular clinical negligence work can be difficult, demanding but also very rewarding. You need various different skills. Interpersonal skills are essential. You need to be confident and outgoing and stand your ground in discussions and negotiations with our opponent. You need to be prepared to make decisions quickly and most importantly to try and deal with maters in practical and common sense way. You do, however, need to be prepared when the need arises to go through and consider numerous documents in great detail.

This type of work whilst difficult and demanding is also very rewarding. Individuals who suffer serious and life changing injuries need to be guided through the complex and often emotionally draining and lengthy process of preparing a claim.

The benefits for the individual for a successful claim can be considerable. Additional care can be provided which will help improve the quality of that individuals life. On occasions where injuries are so severe restrictions on the type of employment they can seek, then financial provision can secure their future.

It is important to be confident and clear in the advise you give, even if this involves providing negative advise which would be upsetting and distressing to the client.

I have to deal on a regular basis with clients who have wholly unreasonable explanations. Only the other week I was contacted by an individual who had been headbutted by a sheep and was keen to investigate a claim. He found it difficult to accept that there was no realistic basis for a claim.

Overall, whilst as with any type of work, personal injury and clinical negligence are both demanding and difficult, you are dedicated to striving to serve your client's best interest and are prepared to put in the time and work involved. I would thoroughly recommend a career in this area of law.

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