Alfonsas Stonis personal injury claim - short story
I was cycling in Sydney when a car from oncoming traffic made a right turn straight into me on 2015-03-30. I was sure I was going to die when I saw a car accelerating towards me. I survived, but among other things, like chronic pain, the fear stayed. Since then, I am struggling with PTSD.
I was frustrated with the way QBE (drivers insurance company) was managing the claim, so I initially contacted Law Partners to represent me. However, I was unhappy with their representation. I feel that they did not collect or submit important information about my health problems (for example they withhold the information that I have PTSD and downplayed it to depression). At the end of April 2020, I got a report by Vanitha Moodley (a psychologist hired by QBE solicitors) that had a large number of absurd errors. Law Partners used that report and exaggerated fees to $178,327.22 to push me to settle under very bad conditions.
I changed solicitors to Moya de Luca-Leonard. At first Leonard organised an assessment by a psychiatrist who specialises in PTSD and submitted the documents I sent to her to PIC. Independent assessment confirmed PTSD and significant impact on my life 19% whole person impairment. However, after this, in her submissions to PIC Leonard withheld information about errors in Moodley report and factually incorrect statements by Ceballos, QBE solicitor. Leonard then pushed me to accept an unfavourable settlement without any compensation for loss of past income. When I asked to submit documents to PIC for independent assessment Leonard resigned. She sent me a bill of $77,071.50.
I had to find a new solicitor quickly to prepare and submit documents and represent me at the PIC assessment. Livers offered to represent me based on regulated fees (I did not know what it was). He also said that he has 30 years of experience in personal injury claims and is highly experienced in it. Livers did not help prepare documents for PIC damages assessment and was dragging time submitting information and insisting that I do not complain about misinformation from Ceballos. He insisted that it is better if it comes from his name. However, he sent nothing and during the PIC assessment conference completely misrepresented me.
PIC member in his determination relied on some misinformation from Ceballos and added a lot on its own. I got a compensation very close to the possible minimum. Livers broke his promise to appeal. I was left in a situation where it was physically impossible to find a new lawyer and submit an appeal on time. My health took a heavy hit and I had no choice but to accept determination and focus on survival. I ended up with a great feeling of injustice. Now I am left to deal with exaggerated fees, misconduct and corruption.
It seems to me that the QBE solicitor had more to say about what my solicitors do rather than my instructions.