Car accident injury question

CJ*_4

Hi,

I am after some advice more than anything really as I already have a solicitor on the case, but am not sure when I will be contacted by them again.

Earlier this year I was involved in a car accident where the car behind me skidded on ice and hit the back of my car which in turn, hit the kerb of a traffic island in the middle of the road. Third party admitted liability, and I had a hire car the next day provided for by her insurance company. During this time, my car was taken to a garage and was ultimately written off. Within two weeks of the accident I had received a cheque for my car.

Both myself and my daughter were in the car but her claim for injury has already been settled. Mine however seems a bit more complex.

I work in a gym so need to be able to use and lift the equipment. However since the crash I have had neck, back and shoulder problems (pain, lack of movement etc) which has meant I have been taken off gm duties and put on reception. I have already had a few physiotherapy sessions (arranged by 3rd party insurers) and recently had an independent medical. The doctor that carried out the assessment has noted the lack of movement in my neck and shoulders and has noted that the crash has casued the muscles in one side of my back to spasm and cause it to misalign the centre of my spine by an inch (so my spine is now curned instead of straight). He has said this is treatable with regular physiotherapy sessions but it will take between 9 and 12 months, which during this time means I can not return to my work as a gym instructor.

Due to the fact I can not return to my job but have kept a role within my work place, will need regular treatment for about a year, am still in pain and have limited movement 6 weeks after the crash, before the crash I had no medical history (never had a broken bone/stitches or anything minor like that before the crash), and have been told I cant even use a hoover as the body naturally curves the back when doing so which will cause me problems, what could I be expecting compensation wise?

geri1965_2

Is the prognosis that you will recover fully within one year? If so, is it one year from now or one year from the accident?

CJ*_4

The doctor told me that my spine will be corrected within a year, so in a year my spine will be straight again rather than curved as it is now. As the medical was only 2 days ago, and the accident 6 weeks ago, I would assume he meant 9 - 12 months from the medical.

geri1965_2

Insurers use the Judicial Studies Board Guidelines, currently in it's 10th edition. The lowest bracket for back injuries (as opposed to whiplash/neck injuries) is up to £5,150 for injuries resolving within two years.

For a back injury lasting 9-12 months I'd value it at around £2,500. It's not an exact science though and you could ask 3 different claims handlers and get three different valuations.

I tend to be a bit on the generous side.

CJ*_4

Thank you for your reply.

My daughter got just over half that for her injuries which was 2 days of headaches, and a red mark on her chest from her seat belt (the offer we accepted for her was the first one offered!).

I have another who knows how many more months of pain, as well as being unable to do my job (I am unsure if its possible for my employer to make me "redundant" based on the fact I can not carry out the duties in my contract) and have been told I am not able to even do certain household tasks until cleared to do so by the physiotherapist

mattymoo

CJ* wrote: »

I have another who knows how many more months of pain, as well as being unable to do my job (I am unsure if its possible for my employer to make me "redundant" based on the fact I can not carry out the duties in my contract) and have been told I am not able to even do certain household tasks until cleared to do so by the physiotherapist

As you've now discovered, the injury payouts are not on a linear scale. 1 week of suffering can easily be over 50% of 2 years suffering.

If you do suffer other financial losses such as physiotherapy costs, lost earnings, travel costs, costs of employing domestic help etc, these can be reclaimed as "Special Damages". Your solicitor can advise you further but in the meantime, keep all your receipts if the cost is a direct result of the accident.

geri1965_2

I would certainly be wary of settling too quickly. I think if you haven't got one already you should think about getting a solicitor to represent you.

That's a pretty good settlement for your daughter's injury but technically they should have had the settlement approved by a judge, so they have saved on solicitors costs by agreeing the settlement with you.

CJ*_4

mattymoo and geri1965,

Thank you both for your replies. I have never had an accident/injury etc before so am not sure how it all works.

My daughters settlement was agreed with my partner as the insurers would not allow me to represent her due to the fact I was also in the car at the time and said it would be a conflict of interests, but it was the first offer and he felt it was a good one which is why he accepted it.

Do either of you know if it would be possible to my employer to make me redundant due to this as I currently am unable to carry out the duties in my contract

geri1965_2

I'm not an expert in employment law but I think it is possible to dismiss someone on the grounds of incapacity. Hopefully it won't come to that, but it is another reason to make sure that you are fully recovered before agreeing to any settlement.

Quentin

CJ* wrote: »

Do either of you know if it would be possible to my employer to make me redundant due to this as I currently am unable to carry out the duties in my contract

.

Redundancy isn't anything to do with your health. If you are made redundant and suspect it is because of your health you need to get (separate) legal advice on this.

As already advised, your employer will be able to dismiss you over your continued sick leave.

CJ*_4

Thank you geri1965 and Quentin.

The reason I asked that question was because I am only currently on light duties so am not off sick - I just cant fulfill my role as a gym instructor as I cant lift the weights or use the machines at the moment. I have also heard that they are looking to make redunduncies and although I am not due to be one of those made redundent, I feel that now, because I cant do what my contract states, they could use that as a reason to release me.