Supermarket -oap slipped on food - injury claim?

[farmlama]

Thank you all for your comments above.

 

I just wondered if anyone has any idea on how much it would likely cost the Defendant, the supermarket, to defend a claim through the court system, on the basis that they have already passed on relative's complaint to a big commercial law specialist???

 

Relative has still not made a claim but the supermarket lawyers have assumed that relative will.

Quite simple letters have passed between lawyer and relative.

 

Relative allowed lawyer access to medical records - so they clearly see the medical steps relative has taken and the medical prognosis.

 

Relative explored local PI lawyers but is yet to appoint one.

 

In the meantime, relative has been having on-going physio and has experienced distinct change to quality of life - inability to do things that was quite easily and happily able to do before the incident. And knock-on effects with other parts of the body.

 

Despite no PI lawyer appointed and just simple correspondence with the supermarket and their lawyer specialist firm, the lawyers just made a f&f offer to relative! Several thousand.

 

I looked up the ward v tesco 1976 case - understand the legal perspective - but the £ settlement is clearly not applicable to 2018.

 

So I googled meniscus insurance claims and came up with this:

 

"Average compensation payouts for tear of meniscus claim

Below compensation calculator with examples of the amounts of compensation you can claim for tear of meniscus claims in 2018:

 

1. Torn meniscus claim with complete recovery

If you suffer a tear to the medial or lateral meniscus, but the tear is relatively minor and leads to a complete recovery in a short time period your tear of meniscus claim is likely to be worth: up to £12,000

 

2. Tear of menisci claim with on-going instability

If you require surgery to help remedy your torn meniscus and you are left with on-going minor instability, on-going pain or disability – your tear of meniscus claim is likely to lead to an average payout calculated between: £12,000 and £23,000

 

3. Meniscus injury leading to restriction of movement of your knee

In the more severe damage to your medical and lateral meniscus leading to more severe instability in your knee, limitation of movement and degenerative changes such as arthritis – average payouts for your tear of meniscus claim could be between: £23,000 and £38,000

 

The above seems a lot of money but equally seems quite reasonable given the distinct change in how relative can lead their life due to the supermarket negligence.... (res ipsa loquitur)

 

I know some people have advised getting a PI lawyer and handling it this 'normal' way - but given the supermarket lawyers are already offering £s (admitting negligence??) maybe relative can negotiate a happy medium settlement - without incurring the costs of a PI lawyer and losing 20-30% fee to them??

 

I was thinking about the legal costs to the supermarket. It would surely cost a lot to defend relative's claim. Many thousands? Plus there is the potential negative press that could ensue? Bad publicity = brand damage?

 

Just wondering if relative was to reply, rejecting the f&f and quoting the above £ amounts if the lawyers might take a view??

tbh this is a clear case of negligence so they may just wish to be done with it..???

 

Any thoughts on best next action??

 

Firstly have the supermarket written to say that they have accepted liability or is it a without prejudice offer? They could have investigated the incident and found they have a solid defence, but in order to save further costs in defending a claim, they have made a low goodwill gesture to settle as to save costs later.

 

I work in insurance and defend liability claims. From my experience, the big firms of solicitors are not that great and over 50% of claims will be handled terribly. They tend to use general template letters, but do not edit them in anyway to fit the individual claim, so often they are sending letters that have nothing to do with the incident circumstance. They also get things wrong that can reflect badly on the claimant (for example mr x was unemployed at time of incident but later started working, solicitors have their facts wrong and keep saying claimant was working at the time and want to claim loss of earning for the period, despite claimant telling us that they did not work at the time so this does not apply). They also very regularly will bring the claim against the wrong party, or refer to the defendant incorrectly (had one claim in which they kept referring to the defendant as McDonalds, we have nothing to do with McDonald’s at all). The last claim we defended at court, the solicitors had handled it so badly, misadvised the claimants and messed up sending in documents such as witness statements and a court bundle, that the judge actually advised the claimants that they should look to seek damages from their solicitors.

 

In addition, when injury claims are settled, they are not looked at any differently in regards to offer made if there is legal representation or not. The same calculations will be used to take into account details of the injury and any medical history that could be contributing (for example, someone claiming a back injury but who has a history of back problems would likely get a reduced offer).

 

You need to think about whether pushing the issue is in the best interest for this elderly relative too, you said that claiming wasn’t their idea and it was family members that have pushed this issue. By pushing further, you risk getting no settlement at all and you guarantee prolonging any stress for your relative.

 

If you do not agree with the offer, why don’t you write and ask how they have come to that figure, and advise of what you think of what region it should be and why you think that. Also ask if they have admitted a breach of liability or if this offer is made on a without prejudice basis.