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Should I accept Personal Injury offer?

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  • I would be a bit worried about waiting till after the MRI just in case it shows something which doesnt help your claim such as pre existing damage.
    A lot is down to what is on your medical reports and also how much you have had to spend and are out of pocket by. For instance I once had an accident claim when a car came out of a side road without stopping and pushed me across the road into incoming traffic (he was on his phone). It injured my shoulder and upper back but besides the pain and lasting effects they also took into account and claimed for my loss of wages, private physio, my glasses being broken, special pillows which were recommended by the physio etc, etc. Even the taxi fare home from the hospital was claimed back as was travel to and from appointments.
    Your solicitor should really be helping more and getting medical reports to back up your claim. I remember my report being very detailed.  I had seen the doctor on previous occasions about lower back pain and my report had an assesment of how much of a problem my back was expected to be going forward but also the fact that over time it was expected that my previous back issues would have worsened anyway so the fact that I was still in pain 3 years after the accident was not completely just down to the accident, some of it would have been expected anyway which was fair enough.
    I was told 'Anything over ***** we should accept'. and I went with the solicitors guidance.

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    I was a passenger in a car in June 2017. 
    Presumably this has already been litigated then?

    Your legal representatives are really the only ones that can give you advice, both legally and morally. With the best will in the world people here will not have read the medical reports, your doctors records, if offers are general damages only, if there are any special damages or if its a global offer etc.

    You need to discuss with them about how you feel about the offer, get their views on what a reasonable offer would be given your very specific circumstances and agree an action plan going forward. 
  • If you're still in need of further insight into making your claim, then I'd recommend giving the Get Legally Speaking podcast a listen - the episodes on Personal Injury are really helpful and give you some good advice from a qualified Barrister. You can also email in questions for them to answer. Maybe they can support you? 
  • 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. 

    Sounds like you should wait for the MRI and ask if there are any treatments that might help. Physiotherapy, medication, even surgery.

    You should also consider the longer term. Might you have to retire early, or stop driving earlier than you otherwise would have and rely on public transport like taxis instead?

    Any potential loss should be considered. Time off work for treatments, adaptations to your home or car... Maybe an automatic would help, I find the clutch painful due to arthritis. So the cost of an automatic gearbox over a manual one, for the next few cars you buy... It all adds up.
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