Every year thousands of people with serious brain injuries rely on case managers, solicitors, family and friends to help put their lives back on track – yet new research shows the relationship between the parties is far from harmonious.
Research from Exchange Chambers indicates that the majority (56%) of claimant solicitors have sacked and replaced the case manager during the course of their client’s recovery process. Reasons include failure to get the job done and failure to gain the family’s trust and respect.
In other findings, the majority (57%) of solicitors says case managers have no role to play in the management of the litigation while a significant number (30%) believe case managers waste money.
Additionally, the vast majority (77%) of claimant solicitors say they have experienced a situation where the family has not acted in the best interests of their seriously injured relative.
In more positive findings, the majority (73%) of solicitors say case managers always act in the best interests of the client – which matches our own experience.
Exchange Chambers’ findings complement research by Nockolds Solicitors earlier this year which highlighted concerns from case managers over the conduct of solicitors and the injured person’s family. The survey found that a large majority (81%) of case managers have experienced a situation where a claimant solicitor has not acted in the best interests of the client.
Our research also found that 69% of case managers have experienced a situation where a family member has not acted in the best interests of the client.
There is clearly a perception that family members and even solicitors are, on occasions, not acting in the best interests of the injured person. Whether this is intentional or not, there is simply no excuse for not putting the injured person first.
It is particularly worrying because in serious injury cases, traumatic brain injury for example, survivors are likely to have complex long-term problems affecting their personality, their relationships and their ability to lead an independent life. They are extremely vulnerable and often dependent on the support of those around them.
Leading silk, Bill Braithwaite QC, Head of Exchange Chambers, believes the themes emerging from this research can act as a dialogue to improve the whole claims and rehabilitation process.
He says it is essential for personal injury layers to be ‘truly expert in what they do’. He also believes ‘true specialisation really works; clients appreciate the knowledge that you bring to their problem, and the whole rehabilitation and litigation process is much better managed’.
We agree entirely and will be providing further comment and analysis on this research in the coming weeks.