Do I need a solicitor? and finding the right one?
Discussion
I've been involved with an issue for just over 3 years now, (reasonably well posted on PH.)
I have now finally 'won' the battle so to speak and the third party, (DVLA/DMG) have admitted to a point in being at fault. Now they pretty much denied this for the best part of the 3 years, but recently, (approx 10 weeks back) the ICA, (Independent Complaints Assessor) got involved and took my case on.
It is since the involvement of the ICA that the DVLA's attitude has drastically changed. After the ICA submitted its report the DVLA contacted me to tell me they agreed with the ICA's findings in its report on my case.
The DVLA have apologised, although a bit lacklustre and said if the final medical decision I was waiting on went in my favour, I could then submit forms for compensation to what I think I am owed. The DVLA also sent me a cheque/consolatory payment for its admin errors and the distress this may have caused me.
That medical decision has indeed now gone in my favour. I think it is the right decision but if I am honest I did think at times this would never happen, I also think it has only happened due to last years PHSO's damning report on the DVLA/DMG and the more recent involvement of the ICA.
Now obviously after having a pretty tough 3 years due to the DVLA/DMG's rulings I am delighted that things have finally turned around in my favour.
All I ever wanted was justice and a fair hearing, but it has been one hell of a struggle and a fight to get to this stage and has cost me both financially and emotionally.
It seems that I will get some form of compensation now in regards to the above but how do i know that I will be fairly treated by the DVLA's legal team.
I'm only guessing here, (as I clearly know nothing on these matters) that the DVLA's view on compensation and mine, are going to differ greatly.
It is a reasonably complex case but fortunately I have every single correspondence I have made to the DVLA from the start, and the reports from the PHSO and ICA are out there for all to see.
What do i do next?
Any advice/help from the experts on here would be greatly appreciated.
I'm fully aware that I won't get loss of earnings for the last 3 years.
I feel I have finally got the justice and result I was after from the start which is a huge personal victory for me and my family, but if compensation is now due I just want to be treated fairly.
I have now finally 'won' the battle so to speak and the third party, (DVLA/DMG) have admitted to a point in being at fault. Now they pretty much denied this for the best part of the 3 years, but recently, (approx 10 weeks back) the ICA, (Independent Complaints Assessor) got involved and took my case on.
It is since the involvement of the ICA that the DVLA's attitude has drastically changed. After the ICA submitted its report the DVLA contacted me to tell me they agreed with the ICA's findings in its report on my case.
The DVLA have apologised, although a bit lacklustre and said if the final medical decision I was waiting on went in my favour, I could then submit forms for compensation to what I think I am owed. The DVLA also sent me a cheque/consolatory payment for its admin errors and the distress this may have caused me.
That medical decision has indeed now gone in my favour. I think it is the right decision but if I am honest I did think at times this would never happen, I also think it has only happened due to last years PHSO's damning report on the DVLA/DMG and the more recent involvement of the ICA.
Now obviously after having a pretty tough 3 years due to the DVLA/DMG's rulings I am delighted that things have finally turned around in my favour.
All I ever wanted was justice and a fair hearing, but it has been one hell of a struggle and a fight to get to this stage and has cost me both financially and emotionally.
It seems that I will get some form of compensation now in regards to the above but how do i know that I will be fairly treated by the DVLA's legal team.
I'm only guessing here, (as I clearly know nothing on these matters) that the DVLA's view on compensation and mine, are going to differ greatly.
It is a reasonably complex case but fortunately I have every single correspondence I have made to the DVLA from the start, and the reports from the PHSO and ICA are out there for all to see.
What do i do next?
Any advice/help from the experts on here would be greatly appreciated.
I'm fully aware that I won't get loss of earnings for the last 3 years.
I feel I have finally got the justice and result I was after from the start which is a huge personal victory for me and my family, but if compensation is now due I just want to be treated fairly.
PorkInsider said:
Would it not be reasonable to make a claim to compensate you for the difference between whatever income you had over the period and the income you would have had if they hadn't screwed up?
This is where id like to think you d end up. Was earning xxxx figure times that by 3, then deduct what you have earned in the 3 years that they ve screwed you about.
Well that's where id start, and seein as they are in the wrong, and someone will say yes or no can you ot cut the middle man out and say to them "THIS" amount will make this go away or we can go to court.
As im sure they will want it out the way quickly.
cossy400 said:
PorkInsider said:
Would it not be reasonable to make a claim to compensate you for the difference between whatever income you had over the period and the income you would have had if they hadn't screwed up?
This is where id like to think you d end up. Was earning xxxx figure times that by 3, then deduct what you have earned in the 3 years that they ve screwed you about.
Well that's where id start, and seein as they are in the wrong, and someone will say yes or no can you ot cut the middle man out and say to them "THIS" amount will make this go away or we can go to court.
As im sure they will want it out the way quickly.
Thank you all.
Above is pretty much what I'm thinking in my head.
From the case history, medical evidence etc in my own mind, (which is probably being hopeful) I would like 2 years loss of pay after the differentials are taken into account.
It's been 3 years since the all clear from the neuro consultant, (3 and a half since accident.)
Based on evidence, I would fully accept not
Being able to drive the wagons for a year from the accident.
The recommendation from the ICA is that I should be able to claim back at least for the last year now that the DVLA admit errors, have apologised and that the chief medical has now, (finally) ruled in my favour. I'm sure this would not have happened had the PHSO and ICA not got involved.
I think I will indeed drop agtlaw a PM this week when I get a chance and go from there.
I really do need some expert advice here as I have no idea how you equate a monetary value to the stress issues of the last 3 years?
Thanks again.
Above is pretty much what I'm thinking in my head.
From the case history, medical evidence etc in my own mind, (which is probably being hopeful) I would like 2 years loss of pay after the differentials are taken into account.
It's been 3 years since the all clear from the neuro consultant, (3 and a half since accident.)
Based on evidence, I would fully accept not
Being able to drive the wagons for a year from the accident.
The recommendation from the ICA is that I should be able to claim back at least for the last year now that the DVLA admit errors, have apologised and that the chief medical has now, (finally) ruled in my favour. I'm sure this would not have happened had the PHSO and ICA not got involved.
I think I will indeed drop agtlaw a PM this week when I get a chance and go from there.
I really do need some expert advice here as I have no idea how you equate a monetary value to the stress issues of the last 3 years?
Thanks again.
First of all. This is really great news and it is not before time. Chuffed for you...
By all means take advice from AGT, but this to me is more akin to Negligence. There will I am sure be a solicitor specialising in Public Office negligence. On a bit of research I think this is called Misfeasance in Public Office
Best of luck with it.
By all means take advice from AGT, but this to me is more akin to Negligence. There will I am sure be a solicitor specialising in Public Office negligence. On a bit of research I think this is called Misfeasance in Public Office
Best of luck with it.
Misfeasance in public office has nothing to do with the law of negligence. Negligence by public sector bodies is governed by the ordinary law of negligence. Misfeasance (I summarise broadly) involves a form of deliberate wrongdoing by a public officer.
If the claim is for negligence in the exercise of a public power or duty that has caused economic loss, that can be a complex field as public policy precludes claims in some cases but not in others. Economic claims are also complex.
The time limit for suing for a personal injury is usually three years. The period can be extended in some circumstances, but it's not straightforward.
Take legal advice.
If the claim is for negligence in the exercise of a public power or duty that has caused economic loss, that can be a complex field as public policy precludes claims in some cases but not in others. Economic claims are also complex.
The time limit for suing for a personal injury is usually three years. The period can be extended in some circumstances, but it's not straightforward.
Take legal advice.
Edited by anonymous-user on Sunday 29th October 17:03
Breadvan72 said:
Misfeasance in public office has nothing to do with the law of negligence. Negligence by public sector bodies is governed by the ordinary law of negligence. Misfeasance (I summarise broadly) involves a form of deliberate wrongdoing by a public officer.
OP, you may be in difficulty: the time limit for suing for a personal injury is usually three years. The period can be extended in some circumstances, but it's not straightforward. Take legal advice.
Cheers BV. Chilli's problems arose from a fall. He was a trucker and as he suffered a head injury they took his Lorry License off him. DVLA then got incompetent and as a result he did not get his license back when he should have (actually he did - but they withdrew it a few days later while he was out trucking...). I'll not say more because that's for Chilli - suffice to say he has been shoddily treated.OP, you may be in difficulty: the time limit for suing for a personal injury is usually three years. The period can be extended in some circumstances, but it's not straightforward. Take legal advice.
So if he is going after DVLA, I don't think it would be for Personal Injury - although I may be wrong again.
Thanks. The OP didn't provide many facts, so I was guessing. Not every failure by a public body is actionable. There's some convoluted case law about which public duties are enforceable by damages claims and which aren't. If there is no legal claim, a complaint to the Ombudsman can produce a recommendation for compensation.
Its more "medical negligence" in a way, i.e. misinterpreting the medical info, but not actually causing an injury, but rather a financial loss. I doubt the DVLA can argue no duty of care is owed.
Loss of expected earnings for the last 2 years as an HGV driver, less the actual earnings as chauffeur etc,and the measly benefits received, should be easy to calculate, add on other expenses incurred, and bung on something on top for stress,inconvenience etc (some already paid) and job done
Ideally needs a lawyer , but will you get a decent one who would do no win-no fee,rather than a dodgy ambulance chaser, who knows how to handle it.
Loss of expected earnings for the last 2 years as an HGV driver, less the actual earnings as chauffeur etc,and the measly benefits received, should be easy to calculate, add on other expenses incurred, and bung on something on top for stress,inconvenience etc (some already paid) and job done
Ideally needs a lawyer , but will you get a decent one who would do no win-no fee,rather than a dodgy ambulance chaser, who knows how to handle it.
I'm not absolutely sure of my facts here but if you do accept a settlement bear in mind you might be asked to repay any benefits and/or sick pay out of it.
You've been treated terribly by DVLA and the DMG - make sure they pay your legal costs and don't accept their first offer - much like a personal injury claim they will try to settle cheaply if they can.
You've been treated terribly by DVLA and the DMG - make sure they pay your legal costs and don't accept their first offer - much like a personal injury claim they will try to settle cheaply if they can.
OddCat said:
Just so I know, if someone does receive compensation from DVLA, where does the money come from ?
your personal tax or the pothole repair budget; it matters not! The poor bugger has been badly treated by the civil service and should be recompensed and corrective actions put in place. Breadvan72 said:
Medical negligence would be the mishandling of a medical diagnosis or procedure by a medic. This is I gather a case of a licensing body making errors about licensing.
Indeed, not cutting the wrong leg off, I should better have described it as negligence BY a medic, in their role of licensing/assesment.Breadvan72 said:
Medical negligence would be the mishandling of a medical diagnosis or procedure by a medic. This is I gather a case of a licensing body making errors about licensing.
Indeed, not cutting the wrong leg off, I should better have described it as negligence BY a medic, in their role of licensing/assesment.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff