Personal Injury Claim - Help Please

Personal Injury Claim - Help Please

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Davie_GLA

Original Poster:

6,705 posts

213 months

Thursday 28th November 2024
quotequote all
Family member here and relaying this 3rd hand - involved in an accident a while ago and going through the motions to recover loss of earnings due to injury (yes, the claims are valid and no compo face required).

Things progressed, liability sorted out and went through the motions.

They got a call from their assigned solicitors to state that the third party are prepared to offer a "globally calculated offer in lieu of physio or medical reports".

Over the course of the claim they have attended 4 physio sessions and had a medical appointment completed. The offer came back, it was low and even after paying fees they would have been happy but then they were told that the cost of the physio and the medical appointment would be taken out of the awarded amount leaving almost nothing at all, in fact it might even mean there wasn't enough to pay for the treatment at all; they are worried this will end up costing them money.

I'm not familiar with this sort of thing but is this the norm? I guess someone has to pay for the professionals involved but is it standard to have it taken out of the final offer?

The solicitors have advised against accepting and let the process complete, and they have done but thought i'd get some opinions. The solicitors were apparently a bit loose with what "global offer" means...

Ta.

E-bmw

10,969 posts

166 months

Friday 29th November 2024
quotequote all
IANAL.
I would suspect
Davie_GLA said:
a "globally calculated offer in lieu of physio or medical reports".
is a term for a standard payment for a standard injury, lots of industries use such things.

The problem is if you/your injury doesn't heal/progress in a standard way.

Best to follow your solicitor's advice.



davek_964

10,068 posts

189 months

Friday 29th November 2024
quotequote all
There was a thread recently about compensation for injury and from that, it seemed that the compensation was generally low - much lower than most expected.
So whichever choice they make, the payout may still be fairly low.

Alex Z

1,760 posts

90 months

Friday 29th November 2024
quotequote all
Surely the solicitor that deals with these types of claim on a regular basis *and* has seen all of the paperwork and circumstances can give better advice that people here who at best will only tick the first box.

PV7998

405 posts

148 months

Friday 29th November 2024
quotequote all
As above ....... I'd follow the legal advice or at least make my choice in consultation with them.

I got involved in a PI claim for my MIL a year or two back (it also included physio and other treatment) and she followed the legal advice to the letter and had a satisfactory outcome.























chazd

206 posts

192 months

Saturday 7th December 2024
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Davie_GLA said:
Family member here and relaying this 3rd hand - involved in an accident a while ago and going through the motions to recover loss of earnings due to injury (yes, the claims are valid and no compo face required).

Things progressed, liability sorted out and went through the motions.

They got a call from their assigned solicitors to state that the third party are prepared to offer a "globally calculated offer in lieu of physio or medical reports".

Over the course of the claim they have attended 4 physio sessions and had a medical appointment completed. The offer came back, it was low and even after paying fees they would have been happy but then they were told that the cost of the physio and the medical appointment would be taken out of the awarded amount leaving almost nothing at all, in fact it might even mean there wasn't enough to pay for the treatment at all; they are worried this will end up costing them money.

I'm not familiar with this sort of thing but is this the norm? I guess someone has to pay for the professionals involved but is it standard to have it taken out of the final offer?

The solicitors have advised against accepting and let the process complete, and they have done but thought i'd get some opinions. The solicitors were apparently a bit loose with what "global offer" means...

Ta.
Global offers tend to be made by defendants in order to buy off the litigation at an earlier stage than parties would ideally want. (Particularly this time of year…)

It sounds like the global offer includes the physio sessions attended to date which would be due payable to the provider , there is also likely to be a legal funding deduction. If the offer leaves virtually nothing then it clearly is not compensation as the pain suffering and loss of amenity aspect would attract a value over and above treatment or therapy costs…

I would advise to continue with any physio and also obtain a medical report to ascertain causation and prognosis. This can detail down any further physio or therapy required and based on this a better estimation as to valuation can be completed. At this stage settlement should be considered and potentially evidenced with a drafted schedule of loss.

Hope this helps?

Davie_GLA

Original Poster:

6,705 posts

213 months

Saturday 7th December 2024
quotequote all
chazd said:
Global offers tend to be made by defendants in order to buy off the litigation at an earlier stage than parties would ideally want. (Particularly this time of year…)

It sounds like the global offer includes the physio sessions attended to date which would be due payable to the provider , there is also likely to be a legal funding deduction. If the offer leaves virtually nothing then it clearly is not compensation as the pain suffering and loss of amenity aspect would attract a value over and above treatment or therapy costs…

I would advise to continue with any physio and also obtain a medical report to ascertain causation and prognosis. This can detail down any further physio or therapy required and based on this a better estimation as to valuation can be completed. At this stage settlement should be considered and potentially evidenced with a drafted schedule of loss.

Hope this helps?
Thank you, I’ve relayed this back and that’s the plan. They were effectively pushed to settle and stop being annoying.

chazd

206 posts

192 months

Saturday 7th December 2024
quotequote all
Davie_GLA said:
Thank you, I’ve relayed this back and that’s the plan. They were effectively pushed to settle and stop being annoying.
Glad the info was of use

SydneyBridge

10,073 posts

172 months

Sunday 8th December 2024
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Do not settle if treatment is ongoing, need to have a final prognosis

KungFuPanda

4,510 posts

184 months

Sunday 8th December 2024
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I thought recent changes to the law precluded offers for PI being made before a medical report had been prepared?

SydneyBridge

10,073 posts

172 months

Sunday 8th December 2024
quotequote all
Not that I am aware of, always possible to settle without a report
I recently settled a claim based on photos of scaring, settled for a fair amount and everyone happy
Obviously most injuries do need a report