Personal Injury Claim - at end of my tether!

Jayne_t1

My Solicitor isn't the best - and I've lost complete faith in her. We have now got to the final stages where the other side have offered an amount which I don't think is acceptable but my solicitor has said straight away that I should accept. This was the case for my children and my husbands claim amounts. We felt we were fighting them rather than them doing the best for us.
The solicitor has provided copies of case studies that are vaguely similar to mine which are around the same value the the other side have offered.

Surely, they could just provide the lowest case studies to match the claim and therefore make it an easy job for them to settle ?
They are also warning quite heavily that if it goes to court (the date of which is very soon - therefore addtional pressure on my solicitors to get it settled) I may get less than the other side offered. And I should think very carefully about rejecting the offer.


Therefore I'm asking if anyone can help me find case studies (of higher values) that I can provide them with to then put to the other side.

Where do I get this information from ?

HELP.
:mad:

MX5huggy

How are you paying your solicitor?

sarahg1969

On what do you base your belief that the amount offered is too low (especially as you don't have any cases to hand that support your belief, and your solicitor is presumably an expert in injury claims)?

ETA: If they have gone to the bother of issuing proceedings for you, then they're not trying to get rid of your claim as quickly as possible, are they? If they thought you would get more money if it went to Court, then they'd be quite happy to do that, as they'd get more costs.

What makes you think they don't know what they're doing?

Conor_3

So your solicitor has provided proof of multiple case studies that it's the going rate for the claim but because you're a money grubber, you're not satisfied?

By all means go with someone else. There's no end of solicitors who will willingly tell you what you want to hear as long as you're paying them. You'll not get any more though but you'll pay out a fair whack more in legal fees.

Keith

If you are not happy with the service you are receiving then the firm should have a complaints proceedure in place.

mattymoo

You are playing a dangerous game here.

The other side can make an offer and pay that amount into court. The judge will not be aware of the amount paid in.

If you drag the matter through to a court hearing and win an amount less than that paid in to court, you will become liable for effectively everyone's costs from date the payment in was made. This will be in the region of 80% of all costs associated with the case since the major costs are racked up when there is a court hearing.

You could try to find a public libary that holds a copy of Kemp and Kemp's Quantum of Damages. This is a book that spans 4 volumes IIRC and takes up about 18" of shelf space. Solicitors subscribe to this and get updates and it costs hundreds per annum. Best bet would be a large city library or university library.

Kemp and Kemp - £742 + VAT. http://www.infolaw.co.uk/pod/sm-kemp.htm

Keith

Or on another level.

If your insurer is paying your legal costs, if they think that the offer is reasonable. They can remove your legal costs cover, which means you either accept the offer or you start paying your legal fees.

Jayne_t1

Thank you to those who replied - some comments a bit harsh considering all the facts aren't known. As I merely asked for the tools to help me negotiate a better offer for myself. thank you to mattymoo who at least offered some help in that respect. I thought this might've been the best place to get some support but obviously thats not the case. Lets hope non of you are in the same position as me having been hit by a drunk, uninsured, non licenced person who put my whole family in danger.

Quentin

Don't follow your reasoning.

Don't we all hope not to be hit by anyone - drunk or sober?

What has this to do with accusations that you seem to be a money grubber?

You ignore your solicitor's advice at your great peril!

nico26

Dont think you are a money grabber Jayne.Have you spoke to your insurance company about the offer.You might have legal advice on your car insurance. If payouts are roughly the same as what your solicitor is showing you,she will probably be near the mark. Fighting on might not get you much more and will incur higher costs

mattymoo

Jayne_t1 wrote: »

Thank you to those who replied - some comments a bit harsh considering all the facts aren't known. As I merely asked for the tools to help me negotiate a better offer for myself. thank you to mattymoo who at least offered some help in that respect. I thought this might've been the best place to get some support but obviously thats not the case. Lets hope non of you are in the same position as me having been hit by a drunk, uninsured, non licenced person who put my whole family in danger.

Do you know if the other side is either
1) The Motor Insurer's Bureau or
2) The other persons insurers acting as Road Traffic Act Insurer.

The latter occurs when the motorist had a policy but breached the conditions - being drunk is one such breach.

While neither will affect the level of damages you receive, your solicitors fees will be severely capped if the claim is against the MIB. All payout made by the MIB are reclaimed via levy against all motor insurers who then add it to the premiums of law abiding motorists. By capping the fees paid to solicitors, this reduces the costs and in turn the levy.

It might also explain to some extent why a solicitor is not prepared to do a great deal of additional work since they will not be paid for it.