Wednesday, 26 August 2009

Throwing in the Towel

My Man has thrown in the towel. He consulted a solicitor with a view to taking action against the law firm that dealt with his compensation claim. Four years ago the settlement was 'bungled'. He wasn't well. He was slow witted and daft. We asked if it could be postponed until he felt better but we were persuaded to settle out of court as soon as possible.

For a 'no fault claim' and with legal protection insurance he ended up paying his legal costs!! There was no money for loss of earnings, future loss of earnings or lost pension provision.

I've known a friend end up with a larger payout for a broken ankle at work - and this when it was discovered she had previously undiagnosed osteoporosis. Since when she has used her compensation money to go on trekking holidays on 4 continents. I can see why he feels aggrieved.

Once his mind started to focus again (after the diagnosis and treatment for under active thyroid) he started to explore whether he had case. A local solicitor searched through files. He agreed there were many instances where there was a lack of 'duty of care' and 'professional negligence'. But to go through the legal procedure will cost. It is also costing him emotionally.

I agree with him. It is wrong. It is unfair. But I don't think it is healthy to keep looking back. The length of time it has taken to reach this stage: where we needed to make the decision whether to go for a barrister opinion has taken almost 2 years. At the age of 65 I don't think he has time to waste on 'justice'. We could do with the money. But . . .

Over the years he has fought many instances of injustice for other people. Against insurance companies, banks, pension firms and once a case of unfair dismissal. And invariably won their case for them. That is why I initially supported his decision to look at taking action. But it has been so time consuming. It is likely to be costly . . . He has so little energy I asked that he drop the idea so that we can use his precious energy on some form of enjoyment.

He has, reluctantly, agreed. He wrote to the solicitor and pulled the plug on the project. Hence his increased anger and irritation. Against everyone. But at the moment, I'm in the frontline.


rosiero said...

I agree. Sometimes things are just not worth the hassle, particularly when your health is involved. So sorry you are in the line of fire though.

Rather than approach a solicitor, is there not an independent, non-fee-paying ombudsman you could take the case to?

Robert said...

Dropping this action might be the wisest course of action, but it will take a long time to accept the injustice. Is there any chance that Your Man could find some way to channel his anger into a positive action...?

ladythinker said...

Well Rosiero - the trouble is the law profession seem to be a tightly knit 'bomb' proof profession - I wouldn't trust any of them (bar my nephew - who of course is above reproach!!)

Robert, he is thinking of writing a book about it all. Meanwhile he is still in the midst of process with the FOS about a claim for compensation from Equitable Life.

Cranky Carer said...

A book is a great idea! It would help him to channel and express his anger....and could be a best seller!