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ASK THE
LAWYER
with Andrew Dalton, White Dalton Motorcycle Solicitors
‘My injury case
won’t cover future
loss of earnings.
What can I do?’ P Andrew Dalton, ex-dispatch
Q I THINK I may have made a A I AM NOT rider, is a solicitor-advocate
and barrister with 20 years’
experience with bikers
terrible mistake. I had a
surprised no
motorcycle accident four years solicitor would pull
ago. At first it seemed I had soft-tissue you out of the fire. You went for a free you to change your case, just
injuries. I phoned a couple of solicitors solicitor and as another observed, you before trial, by a factor of maybe ten,
who seemed keen to help but some got what you paid for. Sorry to sound the insurers will only have to meet the
were charging up to 25% of my injury cruel but the “free” solicitor — actually an case before the Court — a £25,000 case
money and out-of-pocket losses, so I unqualified clerk — has zero self interest with no future loss of earnings.
went with one recommended by my in pursuing your claim. He has made his Your case is due to be heard by a
motorcycle shop; no 25% and I got a hire money from the hire bike. The solicitors District Judge — the most junior rank of
bike to run around on. who were taking 25% actually had some civil Judge — which are skilled and
I do a fairly physical job which involves skin in the game. experienced lawyers but they will deal
a lot of overhead work and the soft- The only thing you can do — and I am with your ‘fast track’ case quickly. Your
tissue injury to my shoulder has become going to get a bit technical here — is case is now the sort traditionally heard
worse. However, my solicitors started amend your updated schedule of loss. by a Circuit Judge, typically the next
this case in the sub-£25,000 level and Your pretend lawyer will need to get rung of promotion for a District Judge
my treating surgeon (and the surgeon either a barrister or a qualified solicitor and with so much more at stake, your
instructed in my case) have said I have to do this. This means your case will be case now will need expert witnesses in
nerve and tendon damage which makes put on the basis of your not being able court to be cross examined and will
working overhead difficult and painful. to continue in your work. Expect push probably take three days. The Judge, I
I am more than 20 years away from a back from the insurers, who may well can tell you, will not be impressed by a
pension and my shoulder will not stand be asking; ‘If your shoulder is so change of value four years after the
up to much more work. I have contacted knackered, why did you need a hire injury and 18 months after you had your
some of the original solicitors who now motorcycle?’ and ‘Why are we only medical report saying your employment
will not touch my case. My current hearing about this loss of earnings less was compromised — which was before
solicitors seem disinterested in pursuing than six months before the trial and four you even started your case in court.
my future loss of earnings and are years post injury?’. The Judge might well I am not optimistic the court will allow
blaming me for not raising it — even be intrigued but the trial judge is not you to suddenly change your case with
though the medical evidence originally bound by the cap you put on your case. information you knew about and your,
produced by a bored GP said if I had He or she will hear the evidence and ahem, solicitor, failed to understand. You
shoulder problems after four months I decide what your case is worth. should tell them to put forward your
needed to get a surgeon to look it over However, if you greatly increase the future loss of earnings, drafted by a real
— which in fairness, they did after a year. value of your claim — a partial loss of lawyer — in writing — and if they do not,
That surgeon described my working earnings for a 40-something skilled man or the judge throws it out for procedural
ability as significantly compromised and is going to put the case well into six reasons (which is likely) then you are
my solicitors still commenced the case figures, not five — this will cause you looking at a negligence action against
below £25k. Is there a way out of this? problems. If the Judge does not allow your current advisers.
White Dalton Motorcycle Solicitors have been dealing with
motorcycle claims since 1997 and are well recognised experts in
the field. All of their lawyers ride — they get company bikes, not
company cars. www.whitedalton.co.uk
20 SEPTEMBER 2022
