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  • FIRST POST
    • meesta2017
    • By meesta2017 17th Jun 17, 9:15 AM
    • 1Posts
    • 0Thanks
    meesta2017
    Car accident personal injury claim and loss of new job
    • #1
    • 17th Jun 17, 9:15 AM
    Car accident personal injury claim and loss of new job 17th Jun 17 at 9:15 AM
    hi

    I'm currently dealing with solicitors (on a no win/no fee basis) regarding two rear end shunt accidents.

    These were both approx. 3 years ago and so we are now at the stage of initiating court action.

    The first accident was pretty serious, hit from behind while stationary at approx. 50 mph while sitting (and indicating) to turn right into my own street. This totally wrote off the car as you can imagine and as the driver swerved at the last minute I was hit from the LHS back corner and violently thrown forward, injury my neck and back in the process. I attended hospital where I was treated for whiplash/back injury.
    The second accident was only two months later while I was already undergoing physio etc from the first and had just started able to attempt driving again. This was somewhat less serious and I was hit from behind (again stationary) while sitting in a queue of traffic at a roundabout. Apparently the driver behind 'thought' the traffic was going to move and I was hit at approx. 15mph. This was obviously somewhat minor compared to the first accident but exacerbated my existing injuries.

    Anyway, it was found that I had a bulging disc in my lower back and obviously whiplash injuries which a medical report states were result of the first accident and exacerbated by the second.

    I've attended numerous doctor/hospital appointments and since then the condition has worsened to the point I have sciatica etc as well as terrible back pain.

    My question is this. I had been due to start a new job approx. 1 month after the second accident and although I attended a short induction period (of a couple of days), I could not carry out the duties with the pain an subsequently could not start the position.

    Prior to this I had graduated from university with PhD in physics and had not worked since I had taken a year out ( as many people do) and after this I had been nursing my father who had then been diagnosed with terminal cancer for a period of.a year and a half or so. I might add that I was not claiming benefits but.living off savings (I had been given a special scholarship at university and had substantial savings at the time).

    When my father was finally placed in a hospice (and my money exhausted) I had began to apply for new jobs which is how this position came up. It was also based in a mile or so away from my parents home and so it made life much easier as I could continue to support my mother and family through what was a very difficult time.

    My solicitor has stated that although we are seeking loss of possible future earnings, she has reservations since I had no employment history prior to the new job. She also seems to think the salary for a first job (30k a year) is rather high for a first time position (god knows why since most of my colleagues at university went on to start in jobs at 40k plus a year. I have given her all the relevant paperwork - the documentation stating the job position, start date, salary and duties etc and as well as this I've contacted the director of the company who is more than willing to supply any assistance and even stated he would attend court for me in necessary since he feels strongly that the accidents cost me the position.

    I should add that in both cases the other drivers immediately admitted liability and their insurers stated this also in writing.

    I'm just at a loss as to how a solicitor can be skeptical about claiming for loss of earnings in this case bearing in mind the circumstances.

    since the accidents the condition actually worsened to the point that I am registered disabled at present but have been attending physio again and am only just preparing to start employment again.

    Can anyone shed any light on this situation ? I was under the impression that under law you should not be left any better or worse off than prior to the accident and in my mind these accidents clearly lost me the position so surely I am left worse off ? I understand that I have a lack of employment history but I do also have proof of job offers of 40k plus a year jobs made during the time I was nursing my father and the sole reason these were turned down were that some things to.me are far more important than money plus at the time I was supporting myself totally with savings ?

    Any advice would be appreciated ?

    kind regards
Page 1
    • FutureGirl
    • By FutureGirl 17th Jun 17, 2:20 PM
    • 851 Posts
    • 341 Thanks
    FutureGirl
    • #2
    • 17th Jun 17, 2:20 PM
    • #2
    • 17th Jun 17, 2:20 PM
    Your solicitor solicitor it right to be skeptical - but they will give you the best advice.

    The law basically states whatever you want claim for - you will need to prove. I guess in this instance, it'll come down to whether, in the medical experts opinion, it was reasonable for you to give up the job, and that it was solely due to the accident

    I think the directors opinion will be irrelevant, as he isn't a medical expert.
    Last edited by FutureGirl; 17-06-2017 at 2:23 PM.
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    • Caz3121
    • By Caz3121 17th Jun 17, 3:07 PM
    • 10,577 Posts
    • 6,929 Thanks
    Caz3121
    • #3
    • 17th Jun 17, 3:07 PM
    • #3
    • 17th Jun 17, 3:07 PM
    sorry, can't help on the job question...It would be difficult to prove where you would be today had you not had the accidents (Sliding Doors movie!) you may be earning £40k or you may not have got through a probationary period
    but serious unlucky to have 2 non-fault accidents to close together
    out of interest which accident is this claim against?
    If 1st the question would be if you would have been able to start the job had you not had accident B
    If the 2nd the question would be whether you would have been able to start the job if you had never had accident A
    I was wondering if you had to claim against them both?

    has your solicitor accounted for repaying benefits from the compensation?
    https://www.gov.uk/government/publications/compensation-social-security-benefits-and-lump-sum-payments-technical-guide
    probably a fair amount to be deducted for that
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