Being told that your claim has little or no chance of success can be disappointing, frustrating and confusing, especially if you have suffered an injury and believe someone else was responsible.
It does not always mean the claim is definitely over. Sometimes the decision may be correct. In other cases, further evidence may be needed, a key point may need to be reviewed, or there may still be a way forward.
Havard Law Solicitors can provide a clear second opinion on personal injury claims. We can review the information, explain the position in plain English, and help you understand whether any further steps may be available.
What does low or no prospects of success mean?
When a claim is described as having “low prospects” or “no prospects”, it usually means that the solicitor, insurer or other party believes the claim is unlikely to succeed.
This may be because responsibility is disputed, evidence is limited, medical evidence does not support the claim, the other side cannot be traced, the claim is close to a deadline, or the value of the claim is not considered proportionate to the work required.
However, the phrase does not always mean that nothing further can be done. The position may depend on the evidence, the legal deadline, what has already happened in the claim and whether further information can be obtained.
A second opinion can help you understand whether the decision appears reasonable or whether the claim should be reviewed further.
What is a second opinion claim review?
A second opinion claim review is where another solicitor looks at your claim and gives an independent view on whether it may still have a reasonable way forward.
Havard Law Solicitors can review the information available and consider whether the claim has been properly investigated, whether the evidence supports the decision made, whether anything important may have been missed, and whether urgent steps are needed.
The aim is not to give false hope. The aim is to give you a clear and honest view, so you understand your options before deciding what to do next.
When might you need help?
You may want a second opinion if you have been told that your personal injury claim is unlikely to succeed, has low prospects, has no prospects, or cannot continue.
This can happen after a road traffic accident, accident at work, slip or trip, public place accident, cycling accident, motorcycle accident, pedestrian accident, uninsured driver claim, untraced driver claim or another injury claim.
You may also need advice if your previous solicitor has closed the file, the insurer has denied responsibility, there are no witnesses, CCTV was not obtained, the accident circumstances are disputed, medical treatment was delayed, the medical report does not support the claim, or you are close to the limitation deadline.
Some of these issues can make a claim more difficult, but they do not always mean that the claim is automatically over.
Why seek a second opinion?
A second opinion can be useful where you do not fully understand why your claim has been rejected or discontinued.
It may help you understand whether the decision appears reasonable, whether the other side’s denial is supported by the evidence, whether more evidence could assist, or whether the claim is simply too difficult to pursue.
In some cases, important evidence may not have been obtained. This may include photographs, accident reports, witness details, dashcam footage, CCTV, medical records, insurer documents, police information or expert evidence.
In other cases, the evidence may have been reviewed properly and the earlier decision may be right. If that is the position, Havard Law Solicitors will explain this clearly.
What can Havard Law Solicitors review?
Havard Law Solicitors can review the key information in your claim and provide a practical view on the next steps.
This may include the accident circumstances, any liability decision, correspondence with the insurer, medical evidence, photographs, witness evidence, accident reports, previous solicitor correspondence, court documents, claim references and any explanation you have been given about why the claim is said to have low or no prospects.
We can also consider whether the claim is close to a deadline and whether urgent action may be needed to protect your position.
If you do not have every document, you can still contact us. We can start by reviewing the information you do have and explain what else may be needed.
Can a claim be reopened after it has been closed?
Sometimes, but it depends on what has happened.
If a previous solicitor has closed the file, that does not always mean the claim is completely finished. Havard Law Solicitors can review the closure letter, the current position and any available evidence to consider whether further steps may be possible.
This may depend on whether the claim is still within the legal deadline, whether court proceedings have already been started, whether the claim was formally discontinued, whether a final settlement has already been accepted, whether new evidence is available and whether the previous decision can properly be challenged.
If a final settlement has already been accepted, it may be very difficult to reopen the claim. If no final settlement has been reached, there may still be options to consider.
Can Havard Law Solicitors take over from another solicitor?
In some cases, Havard Law Solicitors may be able to take over a claim from another solicitor.
Before doing so, we would need to review the position carefully. This may include the current funding agreement, the work already carried out, any deadlines, the strength of the evidence, the likely value of the claim and whether the matter can still be progressed safely.
If a transfer is possible, we can explain what would be involved. This may include contacting your current or previous solicitor for the file, checking the funding position and confirming what steps are needed next.
We will only consider taking over a claim where there appears to be a reasonable basis for doing so.
Important: do not delay if a deadline is close
Most personal injury claims in England and Wales must usually be started at court within three years of the accident date.
Different rules may apply for children, people who lack mental capacity, or claims where the date of knowledge is disputed.
If you have been told your claim has low or no prospects and the accident happened nearly three years ago, you should seek advice urgently. A second opinion should be obtained as soon as possible so that any available steps can be considered before time runs out.
If the deadline is close, do not wait until every document is available. Send what you have and explain the position clearly.
Evidence that can help with a second opinion
The documents needed will depend on the type of claim and what has happened so far.
Helpful evidence can include the original accident details, photographs, dashcam footage, CCTV information, accident report forms, police reference numbers, witness details, medical records, medical reports, insurer letters, emails from the other side, correspondence from your previous solicitor, court documents, claim reference numbers and any letter explaining why the claim has low or no prospects.
It is also useful to explain what you disagree with, what you think may have been missed and whether any deadlines are approaching.
Do not worry if you do not have everything. Havard Law Solicitors can explain what else may be needed after the initial review.
Speak to Havard Law Solicitors for a second opinion
If you have been told that your personal injury claim has low or no prospects of success, it may be sensible to get a second opinion before giving up.
To speak to Havard Law Solicitors, call 0151 556 1234 or email info@havardlaw.co.uk with a short summary of what happened, when the accident took place, who has handled the claim so far and why the claim has been rejected or closed.
Please also send any documents you have, especially the letter or email explaining why the claim is said to have low or no prospects.
A member of the team can review the information and explain the next steps in clear, practical terms.
Second Opinion Solicitors for Injury Claims
Please send any documents you have about the claim.
Helpful documents include the letter or email explaining why the claim has low or no prospects, previous solicitor correspondence, insurer letters, medical reports, accident details, photographs, witness details, police references, claim reference numbers, court documents and any evidence of losses.
It is also useful to send a short summary explaining what happened, why you are unhappy with the decision and whether you are worried about a deadline.
Do not delay because you do not have everything. Havard Law Solicitors can explain what else may be needed after the initial review.
If the claim deadline is close, you should contact Havard Law Solicitors immediately.
Most personal injury claims in England and Wales must usually be started at court within three years of the accident date, although different rules can apply.
If the deadline is approaching, urgent steps may be needed to protect the claim. This may need to happen before all evidence has been obtained.
Please send the accident date, any correspondence, any previous solicitor letters and any documents you have as soon as possible.
At the initial stage, your current solicitor will not usually need to be contacted unless you ask Havard Law to contact them or unless file documents are needed.
You can speak to Havard Law Solicitors about the position and provide the documents you already have.
If you later decide to transfer the claim, your current or previous solicitor will usually need to be contacted so the file can be requested and the position can be reviewed properly.
We can explain this before any contact is made.
Havard Law Solicitors may be able to take over your claim, but this will depend on the circumstances.
We would need to review the evidence, the reason your current or previous solicitor is not continuing, any funding agreement, the deadline, the likely value of the claim and whether the case can still be progressed safely.
If taking over the claim is possible, we can explain the process clearly and contact your current or previous solicitor for the file where needed.
If we do not think it is sensible to take over, we will tell you.
If your previous solicitor has closed the file, Havard Law Solicitors can review the closure letter and explain whether any further steps may be available.
The position will depend on why the file was closed, whether the claim is still within the legal deadline, whether court proceedings were started, whether the claim was discontinued and whether any settlement was accepted.
A closed file does not always mean the claim is permanently over, but it does need to be reviewed carefully.
If you contact Havard Law, please send the closure letter or email if you have it.
Medical evidence is important in personal injury claims. If a medical report does not support your claim, this can make the case more difficult.
However, the report may need to be reviewed carefully. It may be necessary to consider whether the expert had the correct information, whether all injuries were included, whether symptoms were properly explained and whether further evidence may be needed.
In some cases, a further report or clarification may assist. In others, the medical evidence may make the claim difficult to pursue.
Havard Law Solicitors can review the report and explain the position.
A claim may be more difficult without independent witnesses, but this does not always mean it cannot continue.
Other evidence may still help. This can include photographs, accident reports, vehicle damage evidence, medical records, CCTV, dashcam footage, police information, repair documents or the consistency of the accounts given.
The importance of witness evidence will depend on the type of accident and what is disputed.
Havard Law Solicitors can review the available evidence and advise whether the claim may still be worth pursuing.
An insurer’s denial does not automatically mean the claim cannot continue.
Insurers may deny responsibility for many reasons. The key question is whether the denial is supported by the evidence.
Havard Law Solicitors can review the insurer’s position, the accident circumstances and any available evidence. This may include photographs, witness evidence, accident reports, vehicle damage evidence, CCTV, dashcam footage or police information.
If the denial appears difficult to challenge, we will explain that clearly. If there may be a way forward, we can explain what further steps may be needed.
Not always. “No prospects” usually means the claim is considered unlikely to succeed, but the position depends on the facts.
A claim may be difficult because responsibility is denied, evidence is limited, medical evidence does not support the injury, or the claim is close to a deadline.
In some cases, further evidence may improve the position. In other cases, the decision may be correct and the claim may not be worth pursuing.
A second opinion can help you understand which applies.
Yes. Havard Law Solicitors can review the reasons given and consider whether the claim may still have a reasonable way forward.
A rejected claim does not always mean the claim is definitely over. It may depend on the evidence, the deadline, the reason for the decision and whether anything further can be done.
Sometimes the previous decision may be correct. In other cases, further evidence or a different review of the facts may be needed.
Havard Law Solicitors can give you a clear and honest view.
