road traffic accident injury

welshlil

son has just had [after two years] a pay out for whiplash of £1,600, first offer and as the max is £2,500 the solicitor advised accepting. The car that shunted them was uninsured and as he was claiming against them it went to the motor investigation bureau. They have a pool for this situation. He did see a doctor at a medical centre in December 18 months after the incident. This was done through a local solicitor, and fees were paid for.

welshlil

Sorry I didn't make it clear, his 'injuries' only lasted a a few weeks. Stiff neck and he felt nervous being a passenger in a car. The length of 18 months referred how long it took took get the ball rolling, as the other driver was not insured i.e. trying to find out where the driver lived, was/wasn't insured, statements, then a long gap until we nagged the solicitor that this had gone on long enough - after that all cleared up and dealt within 2 months

SolicitorMidlands

welshlil wrote: »

Sorry I didn't make it clear, his 'injuries' only lasted a a few weeks. Stiff neck and he felt nervous being a passenger in a car. The length of 18 months referred how long it took took get the ball rolling, as the other driver was not insured i.e. trying to find out where the driver lived, was/wasn't insured, statements, then a long gap until we nagged the solicitor that this had gone on long enough - after that all cleared up and dealt within 2 months

I specialise in PI. the guidelines are the judicial studies board guidlines (JSB). defendants and claimant sols will also look at other recently decided similar case law and go on their own experience of the courts in the area.

18 month whiplash is around 3,000 - 3,250.

i do not agree with the person that says you should never accept the first offer - if the offer is good, you accept it. i have had 2 pi claims myself and the 2nd one i accepted the first offer because it was the exact valuation i had put on my own claim based on the medical report. by not accepting an offer and going against your solicitors advice you are potentially exposing yourself a significant financial risk if you do not better the offer in negotiations or at a trial. the conditional fee agreement has terms.

a 12 month whipash injury is at max 2,750. i would be inclinced to advise acceptance of any offer above 2,500 to take into account the litigation risks.

i would stress that it also depends on how severe the symptoms were during that period. if you had severe symptoms for a few weeks and niggling up until 12 months then you will always receive an offer at the lower end of the bracket to reflect this. if you had time off work and this is supported by the medical evidence, this is a good negotiating tool.

someone mentioned going through your car insurance for the pi claim. they will sell your claim on to a firm of solicitors on their panel for up to 800 pounds. you will never be told about this. you have no freedom of choice and are stuck with their choice of solicitor for you. always choose your own solicitor if you can!!

SolicitorMidlands

bilbo wrote: »

recieved an offer last week for £2900 for whiplash back injury

after specialist report saying that I would make full recovery in 18 months in his opinion
solicitor has advised me that he thinks offer is ok what do you think ??
had physio and weeks of work originally after the incident

This is a bit low. Ask that they make a Part 36 offer of 3,600 with a view to settling for around 3,250.

SolicitorMidlands

bilbo wrote: »

Thanks for all the advise now I am sure what to ask the solicitor

I know that variables matter and the fact that
1. I had 4 weeks off work
2. I had really bad stomach problems due to tablets I was given by the gp (declofenac)
3. I was on light duties at work for over a year and could not do my full job (good job I have an understanding employer)
4 suffered from depression although this only lasted 1 month
5 loss of earnings was not an issue as I was paid while I was off work
6 had physio sessions (12 sessions) paid for by liable insurers

I will address your points and the effect it makes on the value of your claim:-

1. Is your time off work considered to be reasonable by the medical expert?

2. Doesn't matter

3. Is this supported by the expert?

4. Depression for 1 month? Did you consult your GP for treatment? Were you on medication? This will add nothing to your claim without psychological evidence.

5.N/A

6. Good - you mitigated your loss.

i am still of the same view.

Without seeing the medical report, I cannot advise any better than I have done.

Speak to your solicitors - tell them you have sought a second opinion from a firm of solicitors and that the offer is a little low. Advise them what you would consider settling for so they know where you are coming from.

If you are unable to come to an amicable agreement, they will need to consider issuing proceedings. However, if the difference between the real value and the offer is only a few hundred pounds I would never advise a client to issue proceedings and proceed to a trial in view of the risks.

Paul_c_7

may i ask as i am in a similar situation, what exactly is the policy regarding loss of quality of life?

i scuba dive but i cant at the moment because of my RTA as 1 my GP advised agaisnt it even tho she knows how much it helps with depression and 2 it just hurts to much to lift things.

coupled with not being able to walk, carry shopping, sit comfortably etc

its realy affected my quality of life and i was offered 2k for my injury which hasnt taken this into account

geri1965_2

It call comes under general damages, which is damages for "Pain, suffering & loss of amenity" the latter means you can't do the things you would normally be able to do.

I'm assuming it was a whiplash injury - what prognosis period is given in the medical report?

LadyIndecisive

paulc - there are two other long theads from posts you started looking for assistance with your claim. The general consensus was you need some legal advice. Did you get some?

thebaldwindowfitter

i have not trawled through this post but one bit of advice i have is not to use the insurance companies solicitor i took legal cover out with my insurance and was put with a company called kings legal in cardiff .i had whiplash and pins and needles to left hand and pains to elbow .over the coming months moved from left arm to right arm .i had various examinations and even a scan my solicitors would not pay for another examination after the mri scan even though the results showed bulging discs in neck causing trapped nerve .a claim was lodged in court 1 month before the third anniversary of the claim 2 days before the aniversary i got a call saying they couldnt defend me any more because there was a conflict of interest they had been sueing the wrong insurance company and did work for the company they should have been .this solicitor had been mithering me to accept £2800 i know now because he didnt want the negligence to be found out in court.i have since found my own solicitor who is local and knows what he is doing.i have had a new offer which is £7135 but my new solicitor has said not to accpt without further mediacl evidence

Paul_c_7

yes i have, i have ellected to use BGRB and ive sent all my documents they required off to them. i was however only asking as its something which i have never seen asked about