Discussion
After suffering a serious accident at work (see older thread)
My solicitor has suggested negotiations start with my employers insurer.
I don’t have a clue what sort of figure he is going be looking for. Does anyone have any knowledge/experience??
A brief background -
3 tonne scissor lift came off a HGV and crushed my leg
Resulted in 5 days in hospital
Shattered patella
Ligament damage
My boss didn’t pay me atall (not even for the 2 weeks work before the accident!!)
Wife had to cancel maternity leave to return to work so we had an income
Accident happened the day after we moved house!
Had 6 weeks+ of friends and family help at home whilst my wife was at work as I was unable to look after our son due to leg surgery
Returned to work (new job) around 4 months after accident but I ended up leaving as it was just too much too soon (firm were brilliant and have said I can return)
I’m still having physio 11 months later
Still can’t run
Can’t ride a bike
Walking with a limp
The surgeon also told me I will suffer osteoarthritis as the knee was so baldy damaged and will probably need a knee replacement later in life - they were hesitant to replace my knee after the accident due to my age 34.
My solicitor has suggested negotiations start with my employers insurer.
I don’t have a clue what sort of figure he is going be looking for. Does anyone have any knowledge/experience??
A brief background -
3 tonne scissor lift came off a HGV and crushed my leg
Resulted in 5 days in hospital
Shattered patella
Ligament damage
My boss didn’t pay me atall (not even for the 2 weeks work before the accident!!)
Wife had to cancel maternity leave to return to work so we had an income
Accident happened the day after we moved house!
Had 6 weeks+ of friends and family help at home whilst my wife was at work as I was unable to look after our son due to leg surgery
Returned to work (new job) around 4 months after accident but I ended up leaving as it was just too much too soon (firm were brilliant and have said I can return)
I’m still having physio 11 months later
Still can’t run
Can’t ride a bike
Walking with a limp
The surgeon also told me I will suffer osteoarthritis as the knee was so baldy damaged and will probably need a knee replacement later in life - they were hesitant to replace my knee after the accident due to my age 34.
PPEhero said:
I don’t have a clue what sort of figure he is going be looking for
Ask him for a ballpark?Assuming your man has taken the case on a % rather than hourly rate his supervising partner will say we might get a payday that's greater than the cost of employing him. The solicitor maybe earns £40k and he's not getting hourly paid work so roll the dice on this.
Had a somewhat similar situation (not injury) with the Mrs. In the first place contact your man's partner and ask for a ballpark figure.
PPEhero said:
After suffering a serious accident at work (see older thread)
My solicitor has suggested negotiations start with my employers insurer.
I don’t have a clue what sort of figure he is going be looking for. Does anyone have any knowledge/experience??
A brief background -
3 tonne scissor lift came off a HGV and crushed my leg
Resulted in 5 days in hospital
Shattered patella
Ligament damage
My boss didn’t pay me atall (not even for the 2 weeks work before the accident!!)
Wife had to cancel maternity leave to return to work so we had an income
Accident happened the day after we moved house!
Had 6 weeks+ of friends and family help at home whilst my wife was at work as I was unable to look after our son due to leg surgery
Returned to work (new job) around 4 months after accident but I ended up leaving as it was just too much too soon (firm were brilliant and have said I can return)
I’m still having physio 11 months later
Still can’t run
Can’t ride a bike
Walking with a limp
The surgeon also told me I will suffer osteoarthritis as the knee was so baldy damaged and will probably need a knee replacement later in life - they were hesitant to replace my knee after the accident due to my age 34.
Is the solicitor no win no fee?My solicitor has suggested negotiations start with my employers insurer.
I don’t have a clue what sort of figure he is going be looking for. Does anyone have any knowledge/experience??
A brief background -
3 tonne scissor lift came off a HGV and crushed my leg
Resulted in 5 days in hospital
Shattered patella
Ligament damage
My boss didn’t pay me atall (not even for the 2 weeks work before the accident!!)
Wife had to cancel maternity leave to return to work so we had an income
Accident happened the day after we moved house!
Had 6 weeks+ of friends and family help at home whilst my wife was at work as I was unable to look after our son due to leg surgery
Returned to work (new job) around 4 months after accident but I ended up leaving as it was just too much too soon (firm were brilliant and have said I can return)
I’m still having physio 11 months later
Still can’t run
Can’t ride a bike
Walking with a limp
The surgeon also told me I will suffer osteoarthritis as the knee was so baldy damaged and will probably need a knee replacement later in life - they were hesitant to replace my knee after the accident due to my age 34.
k ton. A friends father had a similar injury from a brewery incident (that was 100% his fault as it happens, but the opportunity for it to happen shouldn't have existed).
He received a payout of a little over £1.1m in 1996 for this from their insurer.
Similar life-long ligament damage, can't run, suffers leg pain after medium ambulation etc...
He received a payout of a little over £1.1m in 1996 for this from their insurer.
Similar life-long ligament damage, can't run, suffers leg pain after medium ambulation etc...
Wouldn't settle for less than £10m if the rest of your life is screwed.
My missus accepted a £70k pay off in 1985 which was a lot of money then and going by equivalent property prices now let's say it equates to £400k.
But she has never worked again since.
The £400k is nowhere near what she could of earned even without the discomfort endured for 30+ years.
Don't underestimate the effect its had on your life is my advice
My missus accepted a £70k pay off in 1985 which was a lot of money then and going by equivalent property prices now let's say it equates to £400k.
But she has never worked again since.
The £400k is nowhere near what she could of earned even without the discomfort endured for 30+ years.
Don't underestimate the effect its had on your life is my advice
OP you need some proper advice. Ask your solicitor to seek input from counsel. There is no way you can or should commence settlement negotiations without being in a position to assess the value of the claim. This may or may not be possible at the moment.
Anyone who thinks it possible to offer you any meaningful or worthwhile advice on the information you have given is not competent to do so!
Anyone who thinks it possible to offer you any meaningful or worthwhile advice on the information you have given is not competent to do so!
No-one on this forum is going to be able to give you a target figure unless they are plucking numbers out of thin air, which some obviously are….
It depends on your skills, your age, your personal circumstances, your injury and a whole ton more.
Your solicitor should be able to give you an indication.
It depends on your skills, your age, your personal circumstances, your injury and a whole ton more.
Your solicitor should be able to give you an indication.
If your solicitor is not giving you a steer I would suggest he is not the right person to do this.
My next door neighbour worked for the NFU investigating accidents and large claims. He rates Irwin Mitchell as having a grasp on what is and isn't appropriate and winnable as others would come in with such idiotic claims just to bump up their cut.
If the claim is too large then they will investigate, often people with claims in 6 or 7 figures would be on sticks in court and when showed films of the playing football would claim it was a good day when that happened.
Getting good medical advice is key. Often cheaper insurers use GP's with no knowledge of long term so make sure where ever they send you is top notch.
Good luck as it seems you have a genuine claim
My next door neighbour worked for the NFU investigating accidents and large claims. He rates Irwin Mitchell as having a grasp on what is and isn't appropriate and winnable as others would come in with such idiotic claims just to bump up their cut.
If the claim is too large then they will investigate, often people with claims in 6 or 7 figures would be on sticks in court and when showed films of the playing football would claim it was a good day when that happened.
Getting good medical advice is key. Often cheaper insurers use GP's with no knowledge of long term so make sure where ever they send you is top notch.
Good luck as it seems you have a genuine claim
Any decent personal injury lawyer will know what to do.
Your claim for financial losses (special damages) will potentially be much more than for your injuries (general damages),especially with your age.
Need to get independant medical reports from suitable experts, to see what rehab is needed and how long your accident related problems will last for. Loss of earnings since the accident are fairly easy to calculate, but future lossss are much more difficult
Your claim for financial losses (special damages) will potentially be much more than for your injuries (general damages),especially with your age.
Need to get independant medical reports from suitable experts, to see what rehab is needed and how long your accident related problems will last for. Loss of earnings since the accident are fairly easy to calculate, but future lossss are much more difficult
There are 2 elements to your claim.. General damages for the pain, suffering and loss of amenity you have suffered which for a knee injury with permanent ongoing disability which, based purely on the symptoms you've described, and without sight of medical evidence, on first view I'd say would be between £25K - £30K, plus a possible "loss of Chance" award if you have lost opportunities for promotion and career development due to the injury.
The replacement kneecap, limp etc are included in the £30K figure.
The second element is special damages, i.e. specific losses that can be evidenced and quantified such as loss of earnings, care after the accident and future ongoing care, medical costs and treatment. If your earnings after the accident are less than before the accident, then providing you can prove them there is the ability to claim for them.
At 34, the loss of earnings multiplier would be roughly 26, so any shortfall / difference in earnings would be multiplied by that.
Special damages are most likely the major part of the claim so without the details of those, at this stage its not possible to give you and overall value of your claim.
If I was handling your claim as your employers insurer, then based on what you have told us I'd be holding an initial reserve of £100K on this.
The replacement kneecap, limp etc are included in the £30K figure.
The second element is special damages, i.e. specific losses that can be evidenced and quantified such as loss of earnings, care after the accident and future ongoing care, medical costs and treatment. If your earnings after the accident are less than before the accident, then providing you can prove them there is the ability to claim for them.
At 34, the loss of earnings multiplier would be roughly 26, so any shortfall / difference in earnings would be multiplied by that.
Special damages are most likely the major part of the claim so without the details of those, at this stage its not possible to give you and overall value of your claim.
If I was handling your claim as your employers insurer, then based on what you have told us I'd be holding an initial reserve of £100K on this.
Muzzer79 said:
No-one on this forum is going to be able to give you a target figure unless they are plucking numbers out of thin air, which some obviously are….
It depends on your skills, your age, your personal circumstances, your injury and a whole ton more.
Your solicitor should be able to give you an indication.
You have never handled a claim on behalf of a defendant then ? This is exactly what insurers are expected to do on a daily basis when reserving a claim at first notification.It depends on your skills, your age, your personal circumstances, your injury and a whole ton more.
Your solicitor should be able to give you an indication.
You are right when you say it depends on age, occupation etc.
Based on the info supplied, I'd be delighted if a non specialist solicitor (i.e a no win now fee lawyer) could put a value on it. Irwin Mitchell are a reasonable shout, but don't just fall for the advertising.
Edited by ResQ1 on Saturday 5th March 22:53
Curledge said:
Wouldn't settle for less than £10m if the rest of your life is screwed.
My missus accepted a £70k pay off in 1985 which was a lot of money then and going by equivalent property prices now let's say it equates to £400k.
But she has never worked again since.
The £400k is nowhere near what she could of earned even without the discomfort endured for 30+ years.
Don't underestimate the effect its had on your life is my advice
Your missus accepted a pay out 37 years ago, but you're only 30 yourself ?? Try to keep up with your own story. My missus accepted a £70k pay off in 1985 which was a lot of money then and going by equivalent property prices now let's say it equates to £400k.
But she has never worked again since.
The £400k is nowhere near what she could of earned even without the discomfort endured for 30+ years.
Don't underestimate the effect its had on your life is my advice
How long will this charade last Rambo ?
Jules360 said:
Curledge said:
Wouldn't settle for less than £10m if the rest of your life is screwed.
My missus accepted a £70k pay off in 1985 which was a lot of money then and going by equivalent property prices now let's say it equates to £400k.
But she has never worked again since.
The £400k is nowhere near what she could of earned even without the discomfort endured for 30+ years.
Don't underestimate the effect its had on your life is my advice
Your missus accepted a pay out 37 years ago, but you're only 30 yourself ?? Try to keep up with your own story. My missus accepted a £70k pay off in 1985 which was a lot of money then and going by equivalent property prices now let's say it equates to £400k.
But she has never worked again since.
The £400k is nowhere near what she could of earned even without the discomfort endured for 30+ years.
Don't underestimate the effect its had on your life is my advice
How long will this charade last Rambo ?
This is from the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases, which is used as a guideline for personal injury claims, should give you an idea of what your looking at as a claim..
Leg Injuries
Amputation of both legs £158,000-£185,000
Amputation legs below knees £132,000-£177,500
Amputation one leg above knee £63,000-£92,000
Amputation one leg below knee £60,000-£86,000
Extremely serious leg injuries £63,000-£89,000
Very serious leg injuries £36,000-£55,500
Serious leg injuries £25,750-£36,000
Moderate leg injuries £18,250-£25,750
Fractures, incomplete recovery £11,800-£18,250
Simple fracture of a femur £6,000-£9,200
Simple fractures, soft tissue Up to £6,000
Knee Injuries
Severe injuries £17,500-£63,000
Moderate injuries £3,850-£17,500
Leg Injuries
Amputation of both legs £158,000-£185,000
Amputation legs below knees £132,000-£177,500
Amputation one leg above knee £63,000-£92,000
Amputation one leg below knee £60,000-£86,000
Extremely serious leg injuries £63,000-£89,000
Very serious leg injuries £36,000-£55,500
Serious leg injuries £25,750-£36,000
Moderate leg injuries £18,250-£25,750
Fractures, incomplete recovery £11,800-£18,250
Simple fracture of a femur £6,000-£9,200
Simple fractures, soft tissue Up to £6,000
Knee Injuries
Severe injuries £17,500-£63,000
Moderate injuries £3,850-£17,500
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