Compensation offer..

windswept

Not sure if this is the right board but anyway ....

My daughter's best friend has just been offered £13,000 in compensation for injuries caused by an accident almost 3 years ago, she is 18.
She was stood at a bus stop when a car crashed into it and it collapsed on top of her, causing head injuries and eye problems.
She and her parents aren't sure whether to accept this first offer, or indeed sure what is a fair amount - she was in hospital for a few days and still suffers headaches and neck problems on a regular basis.
It's a huge sum for a young girl and she is very pleased as she was expecting maybe £5k - but who knows if she will have problems as she gets older?
Is there some sort of scale for this type of thing that I can refer them to?
If it was the USA you would probably be talking $ millions.:rolleyes:

Uniscots97

If its any help, I know someone injured in a similar way about 20 years ago. They managed to prove her injuries would affect her for the rest of her life (not sure if that's the case with your daughter's best friend), and the pay out was around 250K. The court appointed a financial adviser to help her family invest the money so it was available for her throughout her life.

p.s. 20 years on, she's independent and happy and tries not to let her injuries bother her (she still has a lot of pain)

CB1979_2

first rule of negotiating never accept the first offer.

who is the offer coming from?
bus shelter company or car driver's insurance?

am assuming they have employed a solicitor for this?

k1mmie

I agree, dont accept. My daughters friend lost her little finger in a car accident aged 18. SHe has just settled at £40k. Her initial offer was £3k.

I would say hang in there and fight for it.

woozywendy

When we had an accident the solicitor for us told us not to accept the 1st offer (unless we were desperate for the money). The 2nd offer made was more than 3 times the 1st and we were advised this was in the right offer scale. The 1st offer is generally low as some people may really need the money and cannot wait.

r.mac_2

From my little experienc, I would suggest not accepting the first offer, but do keep those lines of negotiation open.

Also, in anticipation of a settlement, perhaps you could buy your friend martins book, emphasising the part about savings?

Millie's_Mum

You should never settle until you have recovered fully from injuries or you have been told they will never improve further, what was the prognosis in the medical report?

Usually the specialist will say full recovery can be expected in x number of months and you should always wait until that time has expired before accepting an offer in full and final settlement because you cannot go back if you are still suffering later.

I'm not sure how it works if the injury happened when the claimant turns 18 before the claim is settled but when settling a claim from a child the offer always has to be approved by court to ensure that it is fair.

HTH

Tashja

Millie's_Mum wrote: »

I'm not sure how it works if the injury happened when the claimant turns 18 before the claim is settled but when settling a claim from a child the offer always has to be approved by court to ensure that it is fair.

HTH

If the Claimant is now over 18 there will be no need for an Infant Settlement Hearing.

It is near enough impossible to give an estimate on compensation without access to the medical report.

Any offer of compensation is set by the prognosis on the medical report and a solicitor will be able to advise if it is a good offer.

A solicitor only gets paid dependat on what the Claimant is paid in compensation so it is in their interests to get as much as they can for the Claimant.

HTH

T xx

windswept

Thanks everyone, I will inform them of the posts on here, I assume they will speak to the solicitor before deciding.

RedBern

Has she got a solicitor at the moment? If not I'd contact the local branch of 'Headway' (a support group/charity which deals with head injuries) and ask them can they recommend someone in your area. He will know how much is a 'fair' settlement, particularly in terms of a head injury and any costs incurred will be picked up in the first instance by the other side - your friend's daughter may have to pay some costs, but certainly not all. Also, 3 years is not a long time since the injury (I think medically you can expect improvements up to 5 years) so tell her not to be in a hurry to settle.

Good luck.

ironguirder

i was involved in an accident when another driver pulled out on me whilst driving down a dual carriageway i was knocked into a fence and then finished up squashed against a phone booth, the driver admitted liabilty at the scene explaining another flashed her giving her the all clear, i was then cut from the vehichle because i was complaining of back and neck pain, after spending a number of hours in a neck brace i was eventually allowed home after recieving an x-ray and painkillers, the next day i awoke to pain back and neck spasams and had to attend the doctors on a number of occasions, i have been of work for over six months now and i have an appointment with a orthapedic doctor as i am still suffering with tingiling sensations in my neck as-well as other problems with my lower back, the insurance company have recently made an offer of £3000 but have given me 21 days to consider this, does this sound right and should i take the first offer, if i dont take the first offer what is the procedure then, and could i lose my offer