My Lawyer advised me to walk away, I'm wanting a second opinion

Discussion in 'Personal Injury Law Forum' started by MATT94, 29 July 2018.

  1. MATT94

    MATT94 Active Member

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    I injured my shoulder at work which turned into a public liability claim. Negligence is easy to prove, i can also show that the defendant gave false information trying to minimize his liability.

    The sticky part is i did have a pre existing injury to my shoulder, 3 orthopedic surgeons said that it had been aggravated at work. Workcover then paid for an operation rehab etc

    After the surgery my surgeon said I had a fresh substantial Labral tear only. Prior to the aggravation this tear had not shown on the MRI.

    The insurers lawyer did not want to settle and had a expert review my imaging which was done before the aggravation claim. His opinion was the Labral did have a minimal tear and the Supuspanuis had a large 12.5cm tear. This was the turning point and why I was advised to walk.

    Im not sure if the expert was privy to my surgeons comments after my surgery. My surgeon stated i in fact did not have any significant rotator cuff tears but had a fresh substantial Labral tear.


    My thinking is if this went in front of a Judge, why would the Judge give the expert any credit ? The expert diagnosed 12.5 cm tear that wasnt there, how do we know the Labral teasr is correct or not?
     
  2. Owais

    Owais Lawyer
    LawTap Verified Lawyer

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    Hi Matt94, I agree with your comments above. Although please note I am only going by your side of the story, however, you don't always have to accept the expert review given by insurers. You have the right to get the report reviewed by either same expert or you may seek to get it reviewed by another expert. I am not sure why your solicitor advised you to walk away from the claim.

    Let me know if you have any questions and want to have a chat.

    Regards
    Owais
     
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  3. MATT94

    MATT94 Active Member

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    Hi Owais

    Thanks for your email, I think the experts opinion might have been one straw to many. The expert is world renowned, my lawyers orthopaedic surgeon who originally said the accident made my shoulder worse was asked for his opinion regarding the experts findings which the surgeon did not want to challenge, might be a hierarchy thing going on.

    My lawyer did say if it goes to court and do win I might be not much in front by the time I pay them and workcover and if I lost I would need to pay approx $100.000 to the other party.

    I would be interested in your view, ig you would like to respond.

    Regards David
     
  4. Owais

    Owais Lawyer
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    Thanks for your reply David. At this stage I do not know how much you have been effected by the injury (eg; past and future loss of income, severity of your injury, hours of domestic duties involved by others to help/support with your day to day activities).

    Therefore I wouldn't be able to comment any further until I know more details regarding your claim.

    If you do need a second opinion then please book a time by clicking the link below via lawtap.

    Regards
    Owais
     
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  5. MATT94

    MATT94 Active Member

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    Hi Owais
    Thanks for your offer for a second opinion. I only found out last Friday when my lawyer forwarded the defendants lawyers email that pre court had started and if they dont receive my future income loss this week i will have to pay costs. Attached was an older email saying deadline was 13/7.

    I was never informed about any of this and thought I had time to explore my opinions.
    I seen that uou were based in Sydney so I contacted a local lawyer who said they need to receive and review my file before committing but the stage and intensity of the claim made it unlikely.

    I felt let down even thought about going it alone but then rolled over and walked.

    Regards David
     
  6. Owais

    Owais Lawyer
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    Hi David, sad to hear about your situation. Hopefully, something better will come up. All the best.

    Regards
    Owais
     
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