*Fractured foot* OFFER - Accept/Decline?

societys_child

The real question is if I reject their offer and they do not want to raise their initial offer - would the case go to court?

That would be up to you and your solicitor.

They're not going to take you to court for refusing their offer!

ModestWisdom

So could I not simply reject the initial offer and see whether they are willing to offer more? If not - I could simply go back to their previous offer? But then again - is it not possible for them to lower the initial offer?

Quentin

As we keep telling you, be advised by your solicitor.


She will explain any downsides etc.


You have her specific advice on the offer according to your OP, so why not discuss this with her?

ModestWisdom

Can you please stop posting? You are literally contributing nothing in this topic.

As I've already stated - I am talking to her, I am awaiting for her response now. The reason why I'm here is to hear some other opinions/views.

masonic

ModestWisdom wrote: »

So could I not simply reject the initial offer and see whether they are willing to offer more? If not - I could simply go back to their previous offer? But then again - is it not possible for them to lower the initial offer?

If you reject the offer, and the defendant does not make another, then if you wished to settle out of court you'd need to make an offer which the defendant would be willing to accept. That offer could be higher, but might need to be lower, than the offer you initially rejected.

But your solicitor has given you the benefit of their professional advice. Going against it is unlikely to lead to the best outcome in terms of money. But if avoiding court is more important to you than securing a higher settlement, you might need to have another discussion with your solicitor.

FutureGirl

If you reject the offer, they could come back higher, but they also might not. This late in the claim I would doubt it, as (if it was me) I would have already submitted my best offer to your solicitor by now.

They won't take you to court, it'd be your solicitor taking the other insurer to court. But they only have 3 years from the accident date to do this. If you do go to court, a judge could value the claim at less than the insurer was offering anyway.

Offers are dependant on different variables i.e. your recovery period, whether you mitigated your losses or not etc, so this is why your solicitor is the best person to ask about the offer, given your personal circumstances.

cte1111

ModestWisdom wrote: »

No offence cte but what you've said couldn't have been more obvious. The real question is if I reject their offer and they do not want to raise their initial offer - would the case go to court? And if it does - it would be up to the judge how much I would be entitled to, correct? I do realize that the judge might even have a lower amount in mind, unlikely though as 3K is sort of more or less minimum for a foot fracture.

Well doh! We can't give you specific or detailed advice without knowing all the intricacies of your case, what other cases have paid, who is at fault and many other factors - that much is surely obvious? So presuming that you couldn't work out the basics, we've all tried to give you general advice.

NB saying 'no offence' doesn't actually remove the offence from an insulting remark.

Crazy_Jamie

ModestWisdom wrote: »

The reason why I'm here is to hear some other opinions/views.

You are asking questions about personal injury litigation. That is a specialist area that requires expertise and experience on the part of those who practise within it. You have the benefit of a solicitor who not only has said experience and expertise, but who also has access to pertinent information in the case. It is at best pointless and at worst reckless to seek further opinion from people on an internet forum, most of whom do not have any of the required expertise/experience, and all of whom have not had the benefit of looking at the important information in the case.

There are a few people on this forum who are do have relevant qualifications/experience/skills in this area, such as Onan and myself, but neither of us can guide you to the extent that your solicitor can because we have no idea of the nature and extent of your injury.

For the sake of completeness, if you reject the offer and no better offer is forthcoming, your claim may well progress to a court hearing, where a Judge will determine the level of damages that you will receive. There is always a risk to some degree that a Judge will award a lower amount than a previous offer, which is why you should be taking the advice of your solicitor as to whether offers made by the other side are reasonable. You have already been advised by your solicitor that the offer is not reasonable and should be rejected. In the absence of a contrary qualified opinion or a burning desire to accept the offer as it stands, that is what you should do. Nothing that anyone can say on this forum should change that.

Crazy_Jamie

OnanTheBarbarian wrote: »

As others have said, asking for advice on a forum like this is no way to go compared to the knowledge your solicitor has of your own individual case & circumstances. So be guided by the advice and recommendations of your own representative,.

Having said that, look on page 15 of this link for the guidelines on foot injuries

http://www.mckeagandco.com/pdfs/jsbguidelines.pdf

Anyone using that link should be aware that those figures are out of date. We are now on the 13th edition of the Judicial College Guidelines. That said, most of the brackets have not changed significantly, so as a rough guide the link is fine.