Conflict between brain injury case managers and solicitors
Posted By : Bill On 12/09/2018 14:31:52
­A recent survey in two parts has caused consternation in brain injury litigation circles. Exchange Chambers conducted a survey of solicitors to see what their attitudes to case managers is, and to gather their experience of working with case managers. The results were scary!

56% of solicitors have sacked and replaced the client’s case manager – reasons include failure to get the job done and failure to gain the family’s trust and respect – and the majority believe that case managers have no role to play in the management of the litigation.

Equally frightening was the finding that 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.

These results clearly call for an open dialogue so findings can act as a catalyst to improve the whole claims and rehabilitation process.
Our findings were coordinated with a poll by Nockolds Solicitors which highlighted concerns from case managers over the conduct of solicitors.   Their survey found that 81% of case managers have experienced a situation where a claimant solicitor had clearly not acted in the best interests of the client.

Personally, I've always thought that a good case manager is the key to a successful outcome for the injured person, the family, and the compensation claim, and I maintain that view. The more the system becomes commercialised, though, the greater the difficulty of finding good case managers. So much of the litigation is bound up with the injured person and the family, and the plan for life, that it seems to me to be obvious that the case manager should be involved in some part of the litigation process.

 
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