For solicitors managing complex claims, an expert becoming unavailable can create an immediate challenge. Finding a replacement is only part of the problem. The alternative must have the appropriate expertise to address the issues in dispute, without introducing further delays.

In this fatal road traffic accident claim, the solicitor's original expert had cancelled, leaving them needing specialist medical evidence to address a disputed dependency issue involving the deceased's pre-existing health and future ability to provide care and services to her family.

INNEG identified and nominated a suitable General and Elderly Medicine expert, enabling the solicitor to send the instruction that same day.

The Case

The claim arose from a fatal road traffic accident in May 2024.

The deceased had previously provided care and services to her husband and granddaughter, and the remaining claim concerned the family's dependency on that support.

The central issue was how long the deceased would realistically have continued providing those services had the accident not occurred.

She had several pre-existing medical conditions, raising questions about the extent to which her health might have affected her future independence, functional ability and capacity to support her family.

Expert medical evidence was therefore required to assess the likely impact of those conditions on the dependency claim.

The Challenge: Replacing an Expert Without Compromising Suitability

The solicitor had already approached an expert, but that expert subsequently cancelled.

This left the solicitor needing an alternative who could address a specific medical question:

How would the deceased's pre-existing conditions have affected her ability to continue providing care and services to her family had the accident not occurred?

The instruction required more than a review of medical diagnoses.

It called for expertise capable of considering the interaction between multiple health conditions, ageing, functional independence and anticipated life expectancy.

The challenge was therefore twofold: identify the appropriate expertise and find a suitable replacement quickly enough for the instruction to progress.

INNEG's Approach: Understanding the Evidence Required

Rather than treating the enquiry as a straightforward request for a replacement expert, INNEG considered the medical issues underpinning the dependency claim.

The central question concerned the deceased's likely future functional capacity in the absence of the accident.

Given the combination of pre-existing medical conditions, ageing and the potential impact on daily functioning, General and Elderly Medicine was identified as an appropriate specialist discipline.

This focused the search on expertise relevant to the question the solicitor needed answered, rather than simply identifying another available medical expert.

Following the solicitor's call, INNEG sourced and nominated a suitable specialist.

The replacement was identified promptly enough for the solicitor to send the letter of instruction that same day.

Why This Mattered

An expert becoming unavailable can be particularly disruptive when their opinion is needed to address a central issue in the claim.

In this case, the medical evidence was relevant to establishing the likely duration and extent of the family's dependency on the deceased's services.

A replacement expert therefore needed to be able to consider not only the deceased's medical history but also how her conditions might have affected her future ability to provide that support.

By identifying the relevant specialty and sourcing a suitable alternative promptly, INNEG enabled the solicitor to progress the instruction without having to undertake a fresh search independently.

The value was not simply finding another expert.

It was understanding the specific evidential question, identifying the appropriate expertise and providing a replacement when the solicitor needed one.

The Outcome

An expert cancelled. A suitable replacement was nominated. The instruction went out the same day.

• Replacement expertise identified following the withdrawal of the solicitor's original expert.
• General and Elderly Medicine selected to address the interaction between pre-existing conditions, ageing and future functional capacity.
• Suitable expert sourced and nominated promptly, with the search focused on the disputed dependency issues.
• Letter of instruction sent the same day, allowing the solicitor to progress the matter.

Key Takeaway: An Additional Resource When Existing Expert Relationships Cannot Meet the Requirement

Solicitors often have established experts they know and trust. But when an expert becomes unavailable, has a conflict of interest or cannot accommodate an instruction, finding an appropriate alternative can take valuable time.

INNEG provides an additional expert witness resource that solicitors can draw upon when they need it.

Our dedicated Analysts take the time to understand the issues behind an enquiry before identifying specialists whose expertise matches the evidence required.

Whether it's replacing an unavailable expert, identifying a particular subspecialism or sourcing expertise for an unusual instruction, our approach is designed to help solicitors access suitable specialists without unnecessary searching.

Has an Expert Become Unavailable at a Critical Stage of Your Claim?

Our dedicated Analysts can review the issues, identify the relevant expertise and help source an appropriate alternative, so you can keep your instruction moving.

Speak to an INNEG Analyst >