compensation settlement

skyecon

HI
Any body help please with a bit of advice my wife had a car crash last year not her fault had to be cut out of the car no major injuries but aches, pains and bruising for around 4 weeks then a good 6 months before fully working again. We had the insurance company supply a solicitors to chase for compensation the first offer came in for £1300 including £800 for loss of earnings, clothing and personal belongings from the crash. The second offer has come in at £2000 we feel this seems low due to the accident, the pain , the nightmares she suffered after the accident. We may be being optimistic in hoping for more but when you work with people that say there mate got £2000 and someone bumped in from behind you feel a bit aggrieved. The only option left to us is to go to court but have been told if the judge offers less than £2000 we are liable for all costs. Any advice would be appreciated its a bit late to change solicitors as this has been ongoing since feb 08.
Thanks

tanith

Only give you my experience in an almost exact circumstance, I had cracked rib , bruising and burns from seatbelt, in hospital 2days,needed physio for a chest infection brought on by the cracked rib, I was off work for 8wks and on light duties for another 4. Originally the solicitor said you are looking at maybe £5000, from start to finish it took 3yrs and I ended up with £2500. I was disappointed and would of settled right at the beginning when they offered £2000 if I had known how long it would go on for.. obviously every case is different

chivers1977

whereas I have just had a court case for a claim which was settled 50/50 but I still believe was her fault. I had 3 wks off work over christmas/new year 2007, required a new car seat, whiplash and aggravation to existing back problem. I have ended up with £1350 as original settlement was 3000 with the difference paying back for my physio which my medical insurance paid for. I think that the problem is that there were no major injuries but I do think that your wife should get a bit more in court.

SolicitorMidlands

So that we (I am referring to myself and Crazy Jamie who I am sure will be along in a bit) can advise you further can you please advise what the medical report prepared by the independent expert who examined you says, i.e. in the opinion and prognosis section. If you can type word for word it would be helpful.

Crazy_Jamie

As SolicitorMidlands said, we really need to see the Opinion and Prognosis parts of the medical report to even begin to advise you on this. The detail you've given in your first post is too general for us to value it. Even though you mentioned your wife having nightmares I would be surprised if there was a psychiatric report as well as an orthopaedic report, but if there is we'll need the same two parts of that as well.

SolicitorMidlands

Generally speaking, it is best not to compare your claim to any of your friends. Whatever anyone else says they got is irrelevant. It will turn on the medical evidence in each case.

Rolandtheroadie

If your claim is genuine and you have the medical evidence to back everything upand are genuinely agrieved, I'd go to court (it'll be a stone waller)
If your chancing your arm, take it.

skyecon

When i get home tonight i'll find the report and type it in thanks for the advice so far from everyone. We do have some great photos of the roof all cut off and it also made front page of the local paper with statements from people saying 'i'm amazed they got out alive' but as there was no long term injury thats what goes against you i suppose.

skyecon

This is from the report the insurance company had done.

Physical prognosis: Her head injury prognosis is excellent her head aches had fully recovered witihin 2 weeks the prognosis for her whiplash injury to her neck is excellent she was fully recovered with 4-6 weeks from the date of the accident she has ngoing symptoms in her chest and her sacroilliac joint i gave her an excercise sheet that will help with her mobility of the lumber spine if she follows the excercises then i believe that both her chest and lumber spine will have satisfactory resolved by 4 months from the date of the accident this accident is not expected to cause any accellerate degeneration in the affect joints.

Psyschological problems - the psychological prognosis is promising however she was severly shaken from the accident she developed and acute emotional distress with aa adjustment disorder she suffered from intrusive thoughts for 4-6 weeks she has noticed an improvement in her sleeping pattern and she is not clinically depressed i can understand her desire not to follow up councilling as she feels an improvement has occured i believe staying away maybe beneficial but should her symptoms relapse she should reconsider the councilling opportunity i belive her travel anxiety will gradually improve with exposure and time i anticipate a satisfactory recovery between 6 and 9 months from the date of the accident i suspect it will close to 9 months the accident is not expected to restrict the claiments future employment prospects earning capacity in the open job market or future career development.

Hope this helps any advice even if its just take the money would be very grateful.

thanks

stolt

i'd agree with a previous poster and please dont take this the wrong way but if you are chancing your arm i would take the offer on the table. If genuine then I would take the next medical by the other parties legal team and see what happens, the chances are it wont get that far.

I can only talk about my experience and luckly its been one accident. i was driving to work on a dual carriageway, early morning rush hour start/stopping kind of traffic ie, everyone speeds up and then hits the breaks. I saw the car in front of me jacknife where he had gone into the back of the car in front of him. I managed to stop without hitting him, then the car behind me hit me, with a van hitting them, pushing them further into my car (boot) a 7.5 lorry then ploughed into us killing the van driver who was last in the accident, and the girl who hit me was very badly injured to the legs and chest, and broken wrists.

I had a few weeks or physio treatment for a pulled muscle in my lower back, and I managed to take my hands off the steering wheel at just the right time because the car behind me didnt and she broke both wrist from the shunt! I was pretty shaken up with the whole experience as i did try to help the van driver and I called the ambulance but it was too late to help him and I had re occuring nightmares of this mans face because i had spent 10 mins talking to him before the ambulance arrived not realising he was dying in front of me, so i didnt drive at all for 7 months and had a hard few months thinking about life and how short it can be etc etc

the long and short of it was they offered me £1700 plus hire car costs (wife still needed a car to take the children to school), i said no as i wanted enough money to take the family on holiday to relax and forget the year i had just had, it was rejected and the other parties legal team threatned me with another medical examination which I was pleased to do as I had already been seen by two doctors. I had the examination and a court date was set, the other parties legal team offered me £4600.00 30 mins before we were due into court which I accepted.

SolicitorMidlands

when was the accident so I can work out the prognosis period?