Compensation broken leg

PasturesNew

My poor old mum went to hospital for an appointment, came out and tripped over a raised paving slab. Broke her wrist. Aged about 80 her arm was black for weeks and didn't really recover - took over a year to get back most usage.

She never claimed, bless her. Said "the NHS needs all the money it can get".

Couldn't persuade her to even look into it for, say a £50 payout.

Trojan1965

Mr Bear,

Not PL in isolation but inclusive of overall package inc MD/BI, motor etc

Smi1er

Why arte you after compo?

Is he not responsible for his own actions:o

Mr_Bear_2

what matty meant when he said 2-3 yrs, is that he clearly has some problems and given that any settlement is full and final it may take some time to determine full extent of loss and it may also be a multi track matter, ie NHS would be entitled to own medical evidence.

Also there is no guarantee a PAd would be successful, some courts still dont like them!

Howwver he should encouarge sol to press on given that he has BTE cover - if he doesnt please change sol!

sarahx_4

Its unlikely the other side would want to get their own medical evidence just for a broken leg as obviously its not in their interests to drag things on and increase costs of experts, but it would depend on what they think of the medical evidence you get in.

Courts do not have an opinion on PAD its a necessary process prior to litigation as the defendant must do something in their 3 months investigating, then decide if they want to admit or not. If anything a PAD is a good procedure to avoid full litigation of a case when its necessary.

A PAD would always be successful the only time it wouldn't is if it was requested a week after the letter of claim is sent.:p

It can also be vacated should the defendant decide to co-operate prior to the PAD hearing:T

Mr_Bear_2

I repeat SOME Courts dont like PAD's - some of them take the view that the Claimant should just issue. Im not saying its right just the way some DJ's view it.

Given that he has BTE cover, he should just get on with it, as I have stated!

9 Months post accident and he is still getting pain, Im sure they will want their own report. I would and for the sake of £500 its worth doing from their point of view, especially if the 1st experts report is contentious in anyway.

Anyway, you have my best wishes - hope it gets sorted

sarahx_4

PAD are there for a reason even if a DJ doesn't like it they would still have to follow the rules of the process which would favour the claimant.

On the other side of the last post most DJs do approve of a PAD .

It would be worse to issue full proceedings without having the benefit of the defendants documents they would intend to rely on, if any and helps to tie their hands earlier

I'd use a PAD any day after the 3 months (not the next day) as full litigation is a lengthy process that can be avoided using the CPR correctly . Also enables the matter to be handled by a less qualified fee earner.

Mr_Bear_2

I disagree - I have both issued and defended PAD's

Judges should follow CPR but dont and there is little point in appealing - appaled once and HHJ turned it down saying didnt want to interfere

Personally I like PAds they get to the issues - but Im just saying that there is no guarantee they will be succesful even where the D is in breach

Some DJ's will just say " if they are in breach issue" - that is what the protocol says

The prob with pads is that you keep going to court and yes getting costs but if the D doesnt play ball it just really delays matters!!