If Your Personal Injury Law Firm Closes, What Do You Do?.

When your personal injury law firm suddenly closes, goes into administration or advises they are moving in a new direction, it can feel troubling and stressful. No doubt you will worry about what happens to your case and your compensation. Whilst this can be unsettling, there are practical steps you can take to protect your position and keep your claim on track.

Firstly, don’t panic. Your claim doesn’t disappear, even if your solicitor did. What will change is who represents you moving forward. It’s important to get clear, official communication from the administrators or law firm, who should explain what’s happening. It’s also important to find out who is responsible for your file, and who holds the file itself. You will need to know whether another firm is taking over your case or whether you need to appoint new solicitors for yourself.

If your case is not automatically transferred, you should seek a new personal injury solicitor as soon as possible. Time limits and deadlines will still apply, and missing them could put your claim at risk. Usually, a claimant in a personal injury claim has three years from when they were first aware that they had suffered an injury, or three years from when they first experienced symptoms (whichever is earlier) to settle their claim, or else commence court proceedings by the issue of a claim form.

There are some simple steps to take in the first instance, to ensure you’re in the best position to approach new solicitors:

• Request your file, or confirmation of who is holding your papers and how they can be contacted
• Ask if there are any deadlines approaching in your case – if it is almost three years since your accident, ask if your claim has been issued protectively
• Ask for the general status of your claim and details of any ongoing work
• Ask for a copy of any After the Event insurance policy
• If the firm were holding funds for you, ask them/the administrators for details

Your new solicitors should ultimately be able to request your file if you have been unable to obtain it, and will advise you on where your claim got to, along with details of any urgent work required to meet deadlines. You will most likely need to go through funding conversations and agreements again with your new solicitors, but they may be able to continue your claim under a similar arrangement (or sometimes a better one!) and be transparent with you about any cost implications.

To keep your claim protected and moving forward, you should move swiftly and choose a reputable firm specialising in your injuries and with experience of accepting transferred files.

The Personal Injury Team at Lanyon Bowdler have significant experience in taking on claims part-way through their process, and the steps required to achieve a successful transfer. If you are worried following the loss of your solicitors, reach out to us by emailing info@lblaw.co.uk and ask to speak with a member of our personal injury enquiries team.

Important points

• Your claim isn’t over even if your solicitor is in administration
• Your claim’s clock continues and limitation still applies, with or without a solicitor.
• It’s important to know if you need new representation and, if so, start making enquiries.
• You have a right to your file and can request a copy.