Litigation Solicitor UK: How to check the expertise of a solicitor so you can choose the best lawyer to claim personal injury compensation
Discover what a UK litigation solicitor is; the different types of expertise necessary to make claims of different values; the specialist skills necessary for a solicitor to win a compensation claim at court and how to check a solicitor has the requisite specialist skills.
What is a litigation solicitor UK?
A litigation solicitor UK is a lawyer who acts for either a Claimant or Defendant in litigious cases, such as personal injury claims. If you are making a claim for compensation you are considered the Claimant in the action.
Such claims are considered litigious, as you are claiming compensation from the Defendant and unless the Defendant concedes liability and makes an offer of settlement the claim will become litigated (taken to court / issued at court with the inevitable conclusion that there will be a winner and loser).
For example – see our motor vehicle accident article to see how you would start a typical personal injury claim, such as a road traffic accident claim for compensation.
What is the expertise a personal injury solicitor should have?
There is a great skill in preparing a claim for court and arguing the claim. many lawyers hold themselves out as litigation solicitors, but may not have taken very many claims to trial.
A good UK litigation solicitor will have had many claims go to trial and reaches a successful outcome for the Claimant – this will normally not only mean winning the claim, but also recovering the correct amount of compensation.
How can you check the legal expertise of a litigation solicitor UK?
The Law Society for the different countries that make up the UK typically has records of the expertise and date of qualification of lawyers. There are currently three UK Law Societies – England and Wales, Scotland, Northern Ireland.
See our UK personal injury solicitor article to learn how to choose the best lawyer to make your claim for compensation anywhere in the UK, including links to the appropriate Law Society to check relevant expertise.
Are there different types of litigation solicitor UK?
“Yes” – there are different types of UK litigation solicitor.
For compensation claims for personal injury the solicitor is a specialist personal injury litigation solicitor and for a civil claim, such as a house repossession, the solicitor is known as a civil litigation solicitor.
Look out – often the amount of compensation your claim is likely to be worth will determine the level of experience your solicitor will have. For example, a claim worth over £50,000 will need a solicitor who is familiar with High court multi track work – whereas a claim worth between £1,000 and £25,000 will require a county court fast track solicitor.
What is the complexity in personal injury claims that requires a specialist litigation solicitor UK?
Personal injury claims are inherently complex.
Your solicitor (from the outset of your instructions) should prepare your claim as though it will have to go to court. Although, in the majority of claims do not go to court as the claim settles prior to issuing proceedings.
For the claim to settle at the correct sum of compensation – your solicitor should have left no stone unturned and included all your correct losses supported by evidence.
Your solicitor needs to instruct other experts to produce reports to support your claim, such as medical experts, engineers, etc. The instructing and understanding of such reports is in itself an involved skill.
How are your UK litigation solicitor legal fees paid at the end of the claim?
As general rule – the loser pays the winners costs, but there are various ways of ensuring your solicitor’s legal fees and costs are paid in any event.
The law in this area is forever evolving and changing. At present the if you win your personal injury claim – the loser is responsible for paying the majority of your legal costs, but there are special rules if your claim is classed as a small claim.
Summary of UK litigation solicitor article
In this article you have seen what a litigation solicitor UK is, why that solicitor needs specialist expertise and how to check with the Law Society that your solicitor is sufficiently experienced to make your claim.
Online specialist solicitor free help
If you are considering making a claim or have question about a litigated personal injury case – see our specialist lawyer free online and telephone help options.