Should I accept Personal Injury offer?

Charliuk74

I was a passenger in a car in June 2017. We were pushed off the road into a ditch and then had to jump into a river and climb up a steep bank to get out of the ditch.
My husband and I have received reports from psychologists and orthopaedic surgeons. 

It’s all been very slow as our first solicitor went into administration and then the 2nd solicitor took a year to reach our files, hence it’s gone on for so long. 

My report states that my pre existing arthritis in my hip has been escalated by 5 years and my symptoms are 40% worse that it should be had the accident not happened.  An MRI has now been requested as I am struggling to drive due to hip pain which has only been like this since the accident. 

I received a pre med offer 18 months ago of 7.5k and refused it, but I’ve now received an offer of 12.5k before the MRI has even been booked.
I really wanted the MRI to find out what is going on with my hip,  but will the cost of the MRI come off my award?  What if there is nothing showing on the MRI? Would it be better for me to just accept the offer now, or are they just trying to settle now in anticipation of a higher pay out after the MRI? 

My husband on the other hand has not received any offers and has an MRI booked for this coming Saturday. 

Thanks for reading! 

Retiredwelshman

Do you have a figure at all that you would be happy with?
If so, what is it and how do you come to that figure?
If you say that you have no idea - this is when you rely on the people that are advising you , that is your solicitor.

Charliuk74

I have no idea really.... my solicitor has t said which way to go, just advised what could happen either way and said so have to decide.  

I know my hip is giving me problems and I know this pain is a direct result of the accident, but I’m not sure it can be proven. 

swingaloo2

Its not something anyone can advise on really as each situation is different.  So many thinngs to take into consideration- Do you have quantifyable losses?  Have you had physio? Are you able to work? Are there going to be problems going forward affecting your income/life which can definately be attributed to the accident? Have you had to endure numerous medical appointments and operations? Who did the reports you refer to? Have you been sent for an independant report or is it one you have obtained yourself?

 My husband was hurt in an accident and he ended up unable to work and was retired on ill health grounds  and in his case he was made an offer which his solicitor advised him to decline. Eventually the other side increased the offer and he was told by his solicitor at that point that to fight for more they would need to get a barrister to look at the case and assess the chances of getting an improved offer in court. He finally settled out of court. However, I knew someone who was offered £100,000 plus and was advised to turn the offer down by his solicitor. He was sent for more tests which included a further scan and because he had previously hurt his knee playing rugby some 25 years earlier he lost his case at coury and walked away with £12,500 so its very much a game of chance.
The fact that you have a pre existing condition with your hip will make things difficult.
What is your solicitor advising you to do.

swingaloo2

Charliuk74 said:

I have no idea really.... my solicitor has t said which way to go, just advised what could happen either way and said so have to decide.  

I know my hip is giving me problems and I know this pain is a direct result of the accident, but I’m not sure it can be proven. 

It isnt enough for you say you 'know the pain is a direct result of the accident'. You need medical evidence to back you up.  How can you know for sure if you already had a pre existing problem with your hip?

Charliuk74

swingaloo2 said:

Charliuk74 said:

I have no idea really.... my solicitor has t said which way to go, just advised what could happen either way and said so have to decide.  

I know my hip is giving me problems and I know this pain is a direct result of the accident, but I’m not sure it can be proven. 

It isnt enough for you say you 'know the pain is a direct result of the accident'. You need medical evidence to back you up.  How can you know for sure if you already had a pre existing problem with your hip?

My reasoning for saying that, is that this particular discomfort became apparent the first time I drove the car after accident.  I actually thought it was the positioning of the pedals on the hire car, but it’s been the same in every car, every time I drive. 

Charliuk74

swingaloo2 said:

Its not something anyone can advise on really as each situation is different.  So many thinngs to take into consideration- Do you have quantifyable losses?  Have you had physio? Are you able to work? Are there going to be problems going forward affecting your income/life which can definately be attributed to the accident? Have you had to endure numerous medical appointments and operations? Who did the reports you refer to? Have you been sent for an independant report or is it one you have obtained yourself?

 My husband was hurt in an accident and he ended up unable to work and was retired on ill health grounds  and in his case he was made an offer which his solicitor advised him to decline. Eventually the other side increased the offer and he was told by his solicitor at that point that to fight for more they would need to get a barrister to look at the case and assess the chances of getting an improved offer in court. He finally settled out of court. However, I knew someone who was offered £100,000 plus and was advised to turn the offer down by his solicitor. He was sent for more tests which included a further scan and because he had previously hurt his knee playing rugby some 25 years earlier he lost his case at coury and walked away with £12,500 so its very much a game of chance.
The fact that you have a pre existing condition with your hip will make things difficult.
What is your solicitor advising you to do.

The reports were provided by specialists arranged for the solicitor. They believe damage has been done but they wanted an MRI. 

The pre existing condition does complicate things, which is why I’m not sure an MRI can prove anything, but at least I would know what is going on with the joint.

I am going to call the solicitor tomorrow as they don’t recommend going either way. 

TELLIT01

Be very careful about pushing too hard for a higher payout, although only you can decide if you think the offer is 'reasonable'.  Cut a long story short, somebody I knew was offered a payout after suffering an injury at work.  They wanted to accept but their solicitor said they should hold out for more.  They took the solicitor's advice and the case dragged on for several years with the insurer disputing the extent to which the injury affected their daily life.  This affected her mental health too, and she said she wished she had simply accepted the initial offer.

Penguin_

Don't the solicitors usually tell you the scale of potential payout? Years ago I was, like you, a passenger in a car crash & suffered damage to a disc in my spine. My solicitors gave me a scale of potential payouts which ranged from the lowest they expected to be offered right up to the highest. When an offer came through it as only £350 off the top & they advised taking it.

Charliuk74

TELLIT01 said:

Be very careful about pushing too hard for a higher payout, although only you can decide if you think the offer is 'reasonable'.  Cut a long story short, somebody I knew was offered a payout after suffering an injury at work.  They wanted to accept but their solicitor said they should hold out for more.  They took the solicitor's advice and the case dragged on for several years with the insurer disputing the extent to which the injury affected their daily life.  This affected her mental health too, and she said she wished she had simply accepted the initial offer.

Thank you, I am worried about pushing further, but this pain has driven me mad for over 3 years and I can’t see it improving. I just need to make sure I’m getting a fair payout. 

Charliuk74

Penguin_ said:

Don't the solicitors usually tell you the scale of potential payout? Years ago I was, like you, a passenger in a car crash & suffered damage to a disc in my spine. My solicitors gave me a scale of potential payouts which ranged from the lowest they expected to be offered right up to the highest. When an offer came through it as only £350 off the top & they advised taking it.

I haven’t been given any figures at all, so I dont know what is fair. 

I think if they had offered 12.5k without the deductions I would have jumped at it, but once the deductions are taken it would be a lot less. 

I also really need the MRI, so it’s a dilemma.