Car Accident - Settlement offer

[bwerd]

Hi,I was involved in an RTA in Feb 2010.I'm looking for some guidance as I have received a third settlement offer. The If the impact of the injuries sustained remain as they are know, I feel the offer is a little low but fair.What I am worried about are the intangibles. I am curretly discussing with my doctor whether reducing my working hours from 5 days per week to 3-4 days per week would help with my pain management and quality of life outside of work.I appreciate their is a 3 year limit on claims in order to pursue recourse via the courts. Is it possible to receive an offer that is not full and final?I want to cover myself for the future impact on my life of anything that can be linked directly to the injuries received from the car accident.Liability has already been admitted so litigation is not required, merely agreement on the amount and terms of the settlement.Thanks in advance,bwerd

[unclebulgaria67]

I believe that you can apply to the court for ongoing issues, by providing medical evidence of a condition being ongoing. Take advice from someone legally qualified to deal with such issues. Someone I know in this position, was legally represented and they managed to get agreement on ongoing issues/costs. It would up to the court (judge) to decide on this.

[Ganymede]

Hi,I was involved in an RTA in Feb 2010.I'm looking for some guidance as I have received a third settlement offer. The If the impact of the injuries sustained remain as they are know, I feel the offer is a little low but fair.What I am worried about are the intangibles. I am curretly discussing with my doctor whether reducing my working hours from 5 days per week to 3-4 days per week would help with my pain management and quality of life outside of work.I appreciate their is a 3 year limit on claims in order to pursue recourse via the courts. Is it possible to receive an offer that is not full and final?I want to cover myself for the future impact on my life of anything that can be linked directly to the injuries received from the car accident.Liability has already been admitted so litigation is not required, merely agreement on the amount and terms of the settlement.Thanks in advance,bwerd

 

 

 

Hi,

 

What is the prognosis in your medico legal experts report?

 

The length of the prognosis will determine the level of compensation you receive.

[bwerd]

Hi,The reports suggested there may be some improvement over the six month period from the date of the examination.6 months have passed & my injuries have not improved. I have some intermittent neck pain, pins & needles down my arms into my hands, pins and needles down my leg, pain in lower lumbar spine, left buttock pain when sitting down and constant pain in left ankle.I am still working full time but I am seriously considering whether I can cope any longer as I have no quality of life outside of work due to tiredness, pain and having to use leisure time to recuperate.My leisure activities are curtailed, e.g., hill walking, golf, snooker etc.If I could exchange the compensation to go back to where I was before the accident, I would do so in a heart beat. Thanksbwerd

[Ganymede]

It sounds like you need to speak to you solicitor as you'll either need a re-examination or be referred to a Consultant Orthopaedic Surgeon for a further report.

[Yorkyclaims]

You might have heard of something called Provisional Damages, however, this will not be applicable in your case. As yor recovery is not in line with the prognosis you will need a re-examination. This will include a(nother) review of your mdical records and it will not be quick (a few months at least).

 

With regads to limitation you have 3 years to issue proceedings, but have another 4 months to serve these.

[bwerd]

Thanks for the advice.I was not aware of provisional damages. From what you say, I will not get any coverage for detoriation? I'm worried about coverage for having to reduce working hours and / or stop working completely.At the moment, I am plodding on but there are days and sometimes weeks where I wonder if I can keep going for much longer.I will refer back to solicitor for futher examination/s as I feel they are incomplete.The legal assessment was poor and missed a number of issues that I had highlighted at the examination.ThanksDrew

[bwerd]

Litigations manager is getting stroppy and telling me to accept offer or draw a line & obtain alternative legal advice.

[Ganymede]

What did they say about a re-examination?

[bwerd]

They are saying Orthopaedic exam in March 12 and Physio report from Nov-11 is sufficient.Othropaedice exam failed to include basic information (e.g. wrong medication). Did not disclose slight limp in left leg etc. I asked for this to be amended but the litigation manager simply noted my comments. These comments are not being considered by counsel when deciding if offer is fair.Physio report suggested potential for further improvement. That has not taken place.