Motor accident claim

TBagpuss

Yes, PTSD is a type of psychiatric damage so you wouldn't get both - also, why have you put it in the 'moderate' range? Is that based on guidance from the medical reports prepared?  
If his whiplash is only 50% to blame for the current issues he has then you would need to reduce that element of your damages calculation to reflect that.

Also bear in mind all of these are 'up to' figures. They include compensation for pan, and for 'loss of amenity' such as not being able to get around, d do stuff for yourself, so there would be a degree of overlap between the impact of the different injuries (if you are already immobile because of broken ribs, having a stiff neck as well doesn't create much additional loss of amenity, so may mean that that element of damages would be lower than if it was the only injury you had) 

Of course your dad is free to send your calculation to his solicitor and ask if they can comment on why their estimate is so much lower, and to ask if they can break down in a similar way how they arrived at their suggested figure. And if he feels that the medical reports are not accurate then he needs to flag that up as well (e.g. if the calculation is based on an expectation that he would be fully recovered within 2 years, and he doesn't think he will be, then that's also something to flag up.)

That said, any type of injury will have an effective 'cap' on how much he might be entitled to so the solicitor may well have looked at the situation in the round, and based their estimate on that as well as the individual elements.

[Deleted User]

Sandtree said:

Looks like an ambulance chaser's website which will state they are "based on" the official values... naturally taking the official values and timing them by 4 is based on the official values. They inevitably increase the values notably to make it look like its worthwhile signing up to claim

Its from this website, I just googled JC Guidelines https://www.quittance.co.uk/personal-injury/advice/general/judicial-college-injury-tables

[Deleted User]

TBagpuss said:

Yes, PTSD is a type of psychiatric damage so you wouldn't get both - also, why have you put it in the 'moderate' range? Is that based on guidance from the medical reports prepared?  
If his whiplash is only 50% to blame for the current issues he has then you would need to reduce that element of your damages calculation to reflect that.

Also bear in mind all of these are 'up to' figures. They include compensation for pan, and for 'loss of amenity' such as not being able to get around, d do stuff for yourself, so there would be a degree of overlap between the impact of the different injuries (if you are already immobile because of broken ribs, having a stiff neck as well doesn't create much additional loss of amenity, so may mean that that element of damages would be lower than if it was the only injury you had) 

Of course your dad is free to send your calculation to his solicitor and ask if they can comment on why their estimate is so much lower, and to ask if they can break down in a similar way how they arrived at their suggested figure. And if he feels that the medical reports are not accurate then he needs to flag that up as well (e.g. if the calculation is based on an expectation that he would be fully recovered within 2 years, and he doesn't think he will be, then that's also something to flag up.)

That said, any type of injury will have an effective 'cap' on how much he might be entitled to so the solicitor may well have looked at the situation in the round, and based their estimate on that as well as the individual elements.

Thank you, my dad suggested £10,000 so we will see if she goes for it. She has not replied yet. 

Jumblebumble

Deleted_User said:

Hi, Im not sure if this is in the right place. 

My dad is 87 and was in a car accident in 2019. Another driver hit his passenger side and my dad spun and went through a fence hitting a tree. He was knocked out and had injuries to his neck, back, chest and leg. He also suffered psychological problems and has been diagnosed with PTSD and depression.
He has been going through an injury claim and over a year later has been told by his solicitor that they are recommending £6000, it feels like a small amount considering how long he has waited, his injuries and the fact he refuses to drive as he is really scared to. Should I appeal against the solicitors recommendation and how do I do this? I have never been through this and nor has my dad. Thank you for your advice. 
Ana

One of the issues you face is that the insurers are sometime cynical as they are well aware  that some claimants make a remarkable recovery as soon as they receive their compo. 
Have a look at the case of Ernest Saunders for a good example

Grumpy_chap

So, the OP currently has a claim that the solicitor has assessed:

Deleted_User said:

This is a quote from the letter " I have reviewed your claim and, whilst the calculation of compensation for your injuries is not an exact science, I assess the value of your claim to be between £6000 and £7000 "

The OP has used some on-line guidelines and assessed:

Deleted_User said:

I found them and this is what they said after I put my dad's injuries in 

That is a very wide range £14k to £43k.
Without looking at the instructions of how to use that tool, the PSTD and the general psychiatric damage looks like a duplication.
I also have no idea why there would be a 10% uplift and, without reason to include, I would exclude.
So, that gives an outcome in the range:

• Whiplash £3,710 to £6,730
• Chest Injury £3,370 (up to)
• Psychology £5k to £16,270
• Multiple injuries adjustment -£2,589 to -£7,610
• TOTAL £9,491 to £18,760

I am no expert in this, but the £7k indicated by the Solicitor is not miles off the above assessment (which is likely incorrect and the upper value would certainly likely be very optimistic). 
There seems merit in accepting the value from the Solicitor as probably being where you'll likely end up (though the Solicitor should give some build up / explanation) and perhaps pushing for a bit more than that £7k.  The Solicitor may be able to advise on how much you can push for without undermining your own position.
Certainly, what is worked out by a Solicitor with experience in these types of claims is of far greater value than what some random bloke (i.e. me) says on the internet based upon no experience and just the content of this thread and the OP's internet search.

Sandtree

Deleted_User said:

Sandtree said:

Looks like an ambulance chaser's website which will state they are "based on" the official values... naturally taking the official values and timing them by 4 is based on the official values. They inevitably increase the values notably to make it look like its worthwhile signing up to claim

Its from this website, I just googled JC Guidelines https://www.quittance.co.uk/personal-injury/advice/general/judicial-college-injury-tables

Personal injury-related enquiries are handled by our partners at National Accident Helpline

So so that’s a yes then 

ontheroad1970

Deleted_User said:

Sandtree said:

Looks like an ambulance chaser's website which will state they are "based on" the official values... naturally taking the official values and timing them by 4 is based on the official values. They inevitably increase the values notably to make it look like its worthwhile signing up to claim

Its from this website, I just googled JC Guidelines https://www.quittance.co.uk/personal-injury/advice/general/judicial-college-injury-tables

The thing is that the longer you beggar about arguing for more money, the more money is made by the lawyers.  You also have to be careful.  If it goes to court and the judge decides you haven't been flexible enough - and the defendant has put an offer into court - then you will find that you win damages but lose the claim for costs.  Most NWNF cases are funded by insurance policies and the underwriters will tell you that you are on your own if the other side put a full and final offer forward and you decide to proceed to court and the judge agrees that the other side's offer is reasonable, then you may find the other side getting substantial costs against you.  

As I said, the only people that get rich from litigation are litigators.  A decent lawyer will tell you when it's time to quit while you are not losing money.  But remember that lawyers get paid win or lose.  A friend of mine wanted to take legal action against a third party and wanted to get a free consultation.  I warned him that the first meeting was likely to be a sales meeting, and to not be too confident that the level of damages would be enough for him to book an exotic holiday.  

Ideally, you want to settle out of court.  This may mean going to mediation, which still has costs that have to be paid for.  Court itself can be a bit of a lottery.  Play too hard ball and you may come out of it worse off than had you been more pragmatic.

But don't pressure a decent hard working lawyer with figures from a major accident claim company.   He may well wish you luck and to go with them.  £6k for whiplash?  Having and giraffe are in the same sentence.  Those are usually in an ad at the back of a newspaper or over the phone from the claims companies borderline illegal cold calls.  

Don't get greedy.  Judges have an aversion to it that may end up resulting in a lower offer than what you get offered before, and ending up having to pay thousands in legal costs.

[Deleted User]

ontheroad1970 said:

Don't get greedy.  Judges have an aversion to it that may end up resulting in a lower offer than what you get offered before, and ending up having to pay thousands in legal costs.

Honestly, im not greedy. Im trying to help my 87 year old dad who has been driving for 71 years without any incidents. He still suffers and was so independent before the accident. Its so hard to see him struggle now. Especially not being able to drive. I understand he shouldnt at the moment but he is so depressed about it and it was not his fault. Sorry. 

[Deleted User]

Grumpy_chap said:

I am no expert in this, but the £7k indicated by the Solicitor is not miles off the above assessment (which is likely incorrect and the upper value would certainly likely be very optimistic). 
There seems merit in accepting the value from the Solicitor as probably being where you'll likely end up (though the Solicitor should give some build up / explanation) and perhaps pushing for a bit more than that £7k.  The Solicitor may be able to advise on how much you can push for without undermining your own position.
Certainly, what is worked out by a Solicitor with experience in these types of claims is of far greater value than what some random bloke (i.e. me) says on the internet based upon no experience and just the content of this thread and the OP's internet search.

Dads been offered £8k ish in full and final, i think he should accept as it will help him and he keeps saying its for his funeral. He is very depressed and at the moment just thinks about dying. Its so sad. 

Sandtree

Out of curiosity, have you seen a copy of the medical report?

Settlements for PSLA are basically all driven by what the doctor says which is obviously in itself a summary of what the claimant states and then the doctor's expert opinion on that (eg is the description of the injury consistent with the circumstances, what the prognosis is, how the claimant comes along (eg practiced if there is a query over fraud) etc).

It could well be that your father has done the old stiff upper lip and said everythings ok/not so bad, not mentioned any psych issues etc in which case the report will reflect that and hence too the settlement offer. Doctors on claimant solicitor lists tend to be fairly good at making things seem as bad as possible but they've got to be given something to work with.