Serious accident claim value

piloteer

Hi all. My mum was in a serious car accident, other driver convicted. both cars written off and we're nearing the end of a nightmare four years going through the claim for compensation. The other party is asking for amount we'd consider settling before we end up in court and to be honest, they don't have a leg to stand on. However, our legal team isn't willing to offer an advice for an amount and we've yet to seek professional advice so don't really have any idea what to ask for.

She broke her back in three places and can no longer sit for long periods even four years later. She broke her hand and it hasn't healed particularly well so that is also a long term pain issue as is her sternum that she also broke, not to mention the long term psychological effects of this non-fault accident. There are no lost earnings but she's going to be dealing with this ailments the rest of her life. 

Someone mentioned a figure of £80K, others more around the £40K mark, but honestly we have no idea. Has anyone else has similar experience of what to expect or ask for? 

Mildly_Miffed

Why do they want to settle out of court?

Because they think it'll be cheaper for them...

Hold out.

ThorOdinson

Is there no possible treatment for her injuries? She could claim the cost of private treatment, if it is available. 

Are there any mitigations she could benefit from? Equipment, physio, care visits etc?

Might be worth seeking some professional medical advice.

piloteer

Yeah exactly. She's just keen to be done with it after 4 years and god knows how many appointments and days of her time wasted and she's in her 70's. So I can appreciate the want to get it over with which is why I posted. Equally the process is nearing its end anyway so she might as well wait. 

jimjames

piloteer said:

However, our legal team isn't willing to offer an advice for an amount and we've yet to seek professional advice so don't really have any idea what to ask for.

Isn't your legal team your professional adviser? If they can't suggest an amount can they direct you to someone who can?

Nobbie1967

Surely your legal team know how much they will be seeking in court? Ask them what this is and maybe tell the other side you’ll accept 75% (for arguments sake) of this to settle now.

MyRealNameToo

Mildly_Miffed said:

Why do they want to settle out of court?

Because they think it'll be cheaper for them...

Hold out.

Its 4 years ago so either its already in court or its statute barred as you have 3 years to issue proceedings for an injury case. 

At this stage all they are avoiding is barrister fees which whilst not insubstantial will be relatively modest -v- the likely general damages. There is always the school of thought that if you estimate barrister fees are £10k better to offer the claimant £6k more than what you think the claim is worth then they are in the money, you are still saving £4k and the only ones out of pocket are the lawyers. 

piloteer said:

However, our legal team isn't willing to offer an advice for an amount and we've yet to seek professional advice so don't really have any idea what to ask for.

Why arent they? Hopefully its because there is still some ongoing treatments/ the prognosis isnt certain enough yet which would be why they wouldnt recommend settlement until a further medical report is obtained giving more certainty over the long term impacts. 

Car_54

MyRealNameToo said:

Mildly_Miffed said:

Why do they want to settle out of court?

Because they think it'll be cheaper for them...

Hold out.

Its 4 years ago so either its already in court or its statute barred as you have 3 years to issue proceedings for an injury case. 

Not necessarily. The period can be extended if both sides agree, and the court approves.

Arunmor

You need to get some idea of how her medical conditions will impact her life going forward eg what additional care she will need.  I think this could be significantly more than £80k.   You need to find someone who knows the inner workings of criminal injury claims.

Grey_Critic

With respect to others it is not your job to place a figure on how much that is the job of your legal team and what they are being (highly) paid to do. 

The question is not simply a case of how much but what are the long term consequences - £80k might sound good now but the long term prognosis and cost is something else and one reason some cases are settled in multi-millions.. You cannot come back for more in a few years time.

Some years ago my wife turned over and fell out of bed. We both had a big laugh about it and a couple of days later the pain had gone. Couple of years later our son on his return to the UK was not happy with his Mum’s health and took her to the doctor, they sent her straight to A&E who said she had Pneumonia gave her some anti-biotics and then proceeded to carry out a battery of tests. Eight months later we got a letter to tell us that she had damaged T7 Vertebra and had Osteoporosis Three days later she suddenly fell when she stepped back whilst loading the washing machine., again she went to A&E and this time they put her to bed with needles in arms and I did not see her for 11 days. 

She had Pneumonia again and after more tests and scans they told us she had damaged T8 and T12 Vertebra and a fracture to the spine. Two weeks ago complaining of back pain we again visited A&E and they told us that T4 Vertebra is breaking up. We are now waiting an appointment with the Spinal Injuries Unit.

The question we are asking ourselves is why we did not seek medical advice following that initial fall that we laughed at.

Sorry so long but you never know what the future holds. My wife was 5ft 6inches - since the first incident she is now barely 5ft and we have spent a lot of money in house adaptations. You need specialist advice on the long term effects before you set a figure.

I do hope she makes a full recovery and not finish up like us. 

Okell

piloteer said:

...The other party is asking for amount we'd consider settling before we end up in court and to be honest, they don't have a leg to stand on. However, our legal team isn't willing to offer an advice for an amount and we've yet to seek professional advice so don't really have any idea what to ask for...

You have to be guided by your legal team.  They're the professionals and they know all the facts.  Nobody here does.

Are they waiting for more medical investigations and prognoses?

You can't settle before you know the full extent of your mum's injuries and what treatements and assistance she needs going forwards.  Once you've settled you can't go back and ask for more if further problems surface afterwards.


NB  -  Assuming you have some sort of NWNF/conditional fee agreement with your mum's lawyers, you need to make sure you stick to the terms of the agreement and don't break it.  If you end up trying to negotiate a settlement yourself your mum's lawyers will sue her for their fees and expenses to date.  Let her lawyers deal with it.