Injury claim - quick question

Clive_Woody

I had the medical for my whiplash injury last week (which in itself was a novel experience; a production line of claimants) and the medical report is now available.

I spoke with my solicitor earlier today and he told me that the process now was for them to approach the insurers of the responsible party (who have admitted liability etc...) with a claim to cover loses and compensation for injuries sustained. He is going to get back to me with a figure he will propose to the other insurers.

Possibly I am naive of how this works, but I thought the normal process was for the medical report to go to the other insurers and then they make an offer. Or does it work either way?

Thanks

geri1965_2

It can work both ways as either party can make an offer.

Clive_Woody

Thanks, my solicitor is proposing a bottom line figure of £2000 as compensation for injuries (whiplash - neck, back and sholuder pain, headaches, pins and needles and pain in both arms - full recovery expected within 10 months).

Would some kind person with access to JSB guidelines or knowlege of such claims be able to comment on whether this seems a reasonable figure.

Thanks muchly

geri1965_2

Seems about right - this is what the JSB says

(c) Minor

Minor soft tissue and whiplash injuries and the like where symptoms are moderate:


(i) and a full recovery takes place within about two years; £2,850 to £5,150

(ii) with a full recovery between a few weeks and a year. £875 to £2,850

Clive_Woody

geri1965 wrote: »

Seems about right - this is what the JSB says

Thanks Geri, much appreciated.

alistair.long

just because your side put a offer doesnt mean the other side will accept, they may counter offer and give you a slightly lower offer

Crazy_Jamie

Clive_Woody wrote: »

Thanks, my solicitor is proposing a bottom line figure of £2000 as compensation for injuries (whiplash - neck, back and sholuder pain, headaches, pins and needles and pain in both arms - full recovery expected within 10 months).

Would some kind person with access to JSB guidelines or knowlege of such claims be able to comment on whether this seems a reasonable figure.

Thanks muchly

That works as an absolute bottom line, though I would hope that your solicitor is going to initially make an offer that is higher than the bottom line. Based on experience I'd put a ten month whiplash injury at about £2,400. Now that is a purely objective valuation, and it is perfectly possible that your case may settle lower than that in the interest of compromise, but it illustrates the point. £2,000 works as an absolute bottom line, but I would expect your solicitor to be aiming higher initially.

Clive_Woody

Crazy_Jamie wrote: »

That works as an absolute bottom line, though I would hope that your solicitor is going to initially make an offer that is higher than the bottom line. Based on experience I'd put a ten month whiplash injury at about £2,400. Now that is a purely objective valuation, and it is perfectly possible that your case may settle lower than that in the interest of compromise, but it illustrates the point. £2,000 works as an absolute bottom line, but I would expect your solicitor to be aiming higher initially.

Thanks.

From what Geri posted for the valuation band from the JSB guidelines and what I have read on here I thought the bottom line value was a little on the low side.

When I spoke with my solicitor he did say they would ask for a higher figure but he has asked that I sign a document saying I am happy for them to accept any offer above the bottom line figure.

My slight concern is that they are keen to close this case and submit their own claim for expenses (which will no doubt not be open for negotiation) and therefore the level of compensation I receive, within reason, is not their main priority.

Perhaps I need to have a little chat with him today to ensure he is fully 'motivated'.

Crazy_Jamie

Clive_Woody wrote: »

Thanks.

From what Geri posted for the valuation band from the JSB guidelines and what I have read on here I thought the bottom line value was a little on the low side.

When I spoke with my solicitor he did say they would ask for a higher figure but he has asked that I sign a document saying I am happy for them to accept any offer above the bottom line figure.

My slight concern is that they are keen to close this case and submit their own claim for expenses (which will no doubt not be open for negotiation) and therefore the level of compensation I receive, within reason, is not their main priority.

Perhaps I need to have a little chat with him today to ensure he is fully 'motivated'.

I would be slightly concerned about that as well. A slight concern admittedly, but a concern nonetheless. As you've just had the medical examination I expect that the claim will not have been issued yet, in which case costs shouldn't really be their main priorty at this stage. There is a predictive costs regime which inherently limits their costs if the case settles (you're well within the parameters for that), and as such if they expect the case to settle that could be motivation for them to settle it earlier rather than later. However, at the same time if the matter goes to a disposal hearing (i.e. where liability is admitted but the value of your injuries is not agreed) the predictive costs regime goes out of the window and your solicitors will earn significantly more in costs than they would otherwise. So on balance I would hope that at this stage they still have your interests at heart, and will not prematurely settle for £2,000 when there is no need to.

Clive_Woody

MY misgivings were proved wrong, my solicitor got back to me yesterday and after negotiation the claim was settled for just over £3300 which with the additional £300 cash back on top is certainly above my earlier expectations.

geri1965_2

Yay - good result!