Personal injury paralegal valuation of injuries

Jenj73 · 27 January 2020 at 5:25PM

Hi looking for some advice.
At the end of November I was stationary at a roundabout waiting for oncoming traffic to pass so I could move onto the roundabout when a loaded 30 ton lorry went into the back of me shunting me around 60 feet into the roundabout luckily I wasn’t hit by oncoming traffic, emergency services attended and fire brigade had to cut roof off of car and remove me from vehicle on a board due to pain in my back. I was taken to hospital in an ambulance X-rays taken and nothing broken. I am going through personal injury claim for ongoing pain in my back, neck & leg I have seen an independent GP and had their medical report back stating that he anticipates recovery within 4 months advising physio & reexamination if recovery takes longer. My case advisor is a paralegal and has only stated 2 injuries on the letter she sent me so I contacted the company couldn’t speak to her directly but was advised that it was an oversight and that her valuation had been done on all injuries, this is where my concern is she has valued all of my injuries at 2500 combined am I right in thinking this is quite low? I have looked at the judicial college amounts and this a low amount even for 2 injuries let alone the others listed in my medical report. Anyone with any advice as to what I should do next please?

Clive_Woody · 27 January 2020 at 6:12PM

I think the general advice is to wait until you have recovered before completing the claim as nobody has a crystal ball and can tell you when you will be back to normal.

Jenj73 · 27 January 2020 at 6:34PM

I am sending the paperwork back saying I’m not willing to settle the claim until I am fully recovered or at least have an idea of how long recovery will take as my GP suspects nerve damage & can’t anticipate a recovery time. The problem I have is that I don’t think the paralegal has valued my injuries correctly, my injuries are whiplash, upper spine (suspected nerve damage) Achilles & calf soft tissue damage, psychological effects (fear of driving, insomnia & nightmares) her letter only mentions the whiplash & back injury.

Clive_Woody · 27 January 2020 at 9:17PM

Jenj73 wrote: »

I am sending the paperwork back saying I’m not willing to settle the claim until I am fully recovered or at least have an idea of how long recovery will take as my GP suspects nerve damage & can’t anticipate a recovery time. The problem I have is that I don’t think the paralegal has valued my injuries correctly, my injuries are whiplash, upper spine (suspected nerve damage) Achilles & calf soft tissue damage, psychological effects (fear of driving, insomnia & nightmares) her letter only mentions the whiplash & back injury.

Was this paralegal provided by your insurance company or is this a no win, no fee type of company?

Jenj73 · 27 January 2020 at 10:14PM

Stupidly I didn’t have legal cover on my car insurance so when I rang them to report the accident they got their personal injury department to contact me on a no win no fee basis. I don’t think a solicitor has even looked at my case but I wouldn’t know because correspondence has been pretty non existent I email her documents don’t receive a reply. I rang her direct number today to be told by someone else she was busy and could they help instead.

thrombel · 27 January 2020 at 10:26PM

My elderly mother sustained injuries from a RTA.

We went down the 'no win, no fee' route.

Solicitor sent my mother's independent medical report to a barrister, for them to put a value on the claim.

My mother's soft tissue damage & 2 x haematomas were valued at a total of £2500.
She also sustained a broken knee & fractured the base of her spine, which were valued separately.

To prove your psychological effects, you will most likely need to have an independent psychological assessment/report. Solicitor arranged my mother's independent medical assessment/report.

You also need to take into account any loss of earnings, for taking time off work to recover.
Keep all receipts for medication/prescription costs.
Keep a record of expenses/petrol receipts in regards to going to Drs/hospital appointments etc.

The 'other side' will want proof of everything. The paramedics cut my mother's clothing off in order to assess her injuries. So even had to provide receipts for replacing these items of clothing.

For claims worth less than £25k - claims are submitted via the Ministry of Justice Claims Portal, via a personal injury solicitor. The recipient (insurance company) then has timelines in which to respond, set by the MOJ.

My mother's claim has now been settled.

Jenj73 · 27 January 2020 at 11:03PM

I have emailed copies of all receipts, mileage, sick notes (been signed off since the accident) the paralegal told me she would seek an interim payment for my loss of earnings but I’ve heard nothing back from her since that was 2 weeks ago heard nothing with regards to it since

annabanana82 · 28 January 2020 at 12:33AM

I was in an RTA 2 years ago, whilst the accident wasn't quite as horrific as yours I do have similar issues to you, except it was my lower back not upper.
Based on 6 months of injuries I was offered £4500, my solicitor has advised me to reject the offer as I have life long damage to my legs and neck, awaiting an MRI to establish what is causing the back pain though I suspect it's more muscular.
Other than being told by the Dr that assessed me and one of the assistants at the solicitors I am due more I've no idea what that sum may be - I'm hoping it'll pay for a nice holiday somewhere warm.
The psychological effects do get better over time, but I still have moments where it bothers me especially if I think about it too much.

Have they provided you with a physio? Ours was fantastic and really helped get us mobile again.

Hope you start to make a good recovery soon, I'd forgoe every penny to erase the accident and subsequent pain and discomfort from happening.

Jenj73 · 28 January 2020 at 1:16AM

They have offered me physio which I will have but again I’ve been asking for a cpl of weeks now how I go about this but not had an answer, although conflicting advice on that too my GP has advised against having physio on my back as it could possibly worsen the nerve damage I told the GP that did my medical that and he agreed and said just to have physio on my neck but in the medical report he has stated physio for all injuries. I just want my life back I can’t even pick up my and cuddle my grandchildren without suffering for it afterwards completely fed up with the whole situation

FutureGirl · 28 January 2020 at 6:04PM

She can only value it on the independent GP report - not your own GPs thoughts.

£2500 is not unreasonable for your injuries of 4 months. Judicial guidelines is only £2300 for a single site neck injury with anxiety / fear of travel.

If you don't recover within 4 months you'll then be seen by another expert who will more than likely review your medical records. So wait it out.

Also it doesn't matter whether she is a paralegal or a solicitor.

thrombel · 28 January 2020 at 7:39PM

annabanana82 wrote: »

I was in an RTA 2 years ago, whilst the accident wasn't quite as horrific as yours I do have similar issues to you, except it was my lower back not upper.
Based on 6 months of injuries I was offered £4500, my solicitor has advised me to reject the offer as I have life long damage to my legs and neck, awaiting an MRI to establish what is causing the back pain though I suspect it's more muscular.
Other than being told by the Dr that assessed me and one of the assistants at the solicitors I am due more I've no idea what that sum may be - I'm hoping it'll pay for a nice holiday somewhere warm.
The psychological effects do get better over time, but I still have moments where it bothers me especially if I think about it too much.

Have they provided you with a physio? Ours was fantastic and really helped get us mobile again.

Hope you start to make a good recovery soon, I'd forgoe every penny to erase the accident and subsequent pain and discomfort from happening.

The insurance company were very quick to make my mother a low offer, even before an independent medical report was done. They wanted rid of her.... We rejected their 1st & 2nd offers, based on solicitor's advice. My mother accepted their 3rd offer.

My mother's legal costs were £15,000. The insurance company paid £10,000 towards these costs. They are called 'fixed reasonable costs', which included the independent medical report (£500). My mother had to pay the shortfall.

Personal injury paralegal valuation of injuries

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