Personal Injury Claims

Walter H. White

Walter H. White

Winger
Never had to do one before, and hopefully never again with the clart on it’s been.

Was in a head on collision at work almost two years ago now, the third party veering onto my side of the road and wallop. Both vehicles an absolute mess.

Now, I luckily avoided major physical injury, only aches and pains. Got diagnosed with whiplash and further down the line, after a visit to a psychologist, I was diagnosed with a specific Situational Phobia lasting around 10 months.

After loads of chasing up, we’ve finally got to the offer from the third party. They’re offering what was expected for the whiplash, loss of earnings etc but not offering anything for the psychological injuries despite these being the most debilitating. Twice I’ve told my solicitor to counter and the third party just aren’t budging.

Any ideas what happens if I just keep countering? Will they finally stump up the cash or am I at risk of not receiving anything at all?
 


If they’ve admitted liability then it’s a negotiation about compensation. You could take it to court for them to decide.
Is quite common for the psychological aspect to be ignored by the defendants as it’s harder to claim and prove and is often a test to see if you’re prepared to go to court.
 
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rudd said:
If they’ve admitted liability then it’s a negotiation about compensation. You could take it to court for them to decide.
Is quite common for the psychological aspect to be ignored by the defendants as it’s harder to claim and prove and is often a test to see if you’re prepared to go to court.
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I’ll keep pushing until court then, see if they cave in.
 
Walter H. White said:
I’ll keep pushing until court then, see if they cave in.
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Id just suggest that you check with your lawyer what would happen if you go to Court and the Court awards you less than what you have been offered prior to trial.

This isn’t my area but there’s something called a ‘Part 36 offer’ (relating to Part 36 of the Civil Procedure Rules) where, I think, if you go to trial and end up with less than what you were offered you have to pay the other parties costs (or a portion of them).

It’s worth checking with your lawyer that you don’t end up in that position. They should know when it’s time to stick or twist.
 
legend of Dickie Ord said:
Id just suggest that you check with your lawyer what would happen if you go to Court and the Court awards you less than what you have been offered prior to trial.

This isn’t my area but there’s something called a ‘Part 36 offer’ (relating to Part 36 of the Civil Procedure Rules) where, I think, if you go to trial and end up with less than what you were offered you have to pay the other parties costs (or a portion of them).

It’s worth checking with your lawyer that you don’t end up in that position. They should know when it’s time to stick or twist.
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Yeah, I’ve asked where we go from here in my latest email. I may hear a response in a month 🙄

Tbh, the monies offered for the whiplash isn’t much at all, it’s the psychological injuries that I’ve been told by my solicitor is worth a good amount of money. That’s why I’m surprised I’ve had no offer at all for it.
 
Goat Eyes said:
My brother had a head on smash, caused by the other driver and got £350 comp. No loss of earnings etc. his back seat passenger got over £1500 for less injuries.
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Similar to me then. Loss of earnings is only half a day so minimal.

The mental injuries was expected to be between £1500 - £2000 according to my solicitor so that’s why I’m pushing for them to offer something 😆
 
Walter H. White said:
Similar to me then. Loss of earnings is only half a day so minimal.

The mental injuries was expected to be between £1500 - £2000 according to my solicitor so that’s why I’m pushing for them to offer something 😆
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If your laughing about it I suspect its a fraudulent claim...
 
legend of Dickie Ord said:
Id just suggest that you check with your lawyer what would happen if you go to Court and the Court awards you less than what you have been offered prior to trial.

This isn’t my area but there’s something called a ‘Part 36 offer’ (relating to Part 36 of the Civil Procedure Rules) where, I think, if you go to trial and end up with less than what you were offered you have to pay the other parties costs (or a portion of them).

It’s worth checking with your lawyer that you don’t end up in that position. They should know when it’s time to stick or twist.
Click to expand...

Very similar in employment settlement.
The Solicitor should advise whether you take the initial settlement or go to Court where you could be offered less. All about the settlement and the Case in question.
Equally if you settle you draw a line under it and can move on. These issues can take a very long time to settle if disputed.
 

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