Personal injury claim advice?

[1bhp]

Before anyone ask's this isn't another compensation culture case

Brother was hit by a drunk driver last year on a country lane, car rolled over and into a ditch braking, multiple ribs, his arm and his hip, he had to undergo hip replacement surgery and he has now recovered to a well enough state to live a normal life again after 15 months of hell.

Hes been offered £5000 which he think is low, considering hes had to have a full hip replacement which is a bit more than a broken bone which heals in a few months, also he has been told that hip replacements might only last around 15 years meaning he may need more in the future and he is only 25.

My brother and i both have no idea if this offer is low or "normal" but we both feel deep down that it is low.

Has anybody on here heard of any similar cases to compare?

[SMcP114]

I would have thought substantially more would have been a ballpark figure, but personally I'd be very insulted with £5000.

[KingNothing]

That's fking low and a disgraceful offer for the damage that's been described if you ask me, considering you get £2k for slight whiplash, that's a piss take; reject it.

[paulmoonraker]

I would have thought 10's of thousands in this case. Does he have a high paying job, if so, lost earning could factor in..

Speak with a solicitor.

[Dr Interceptor]

I would class that as 'life changing' injuries, and I'd be looking for a five figure sum in terms of compensation...

[peter8171]

Have known people who had to have pins in their legs get around the £75k mark. £5k is way too low for that level of injuries. These are the sort of injuries that the compensation should be for.

[zeduffman]

If the hip has actually been replaced and not just had a nail put through it, then that's a very serious trauma and he should be entitled to a hell of a lot more than £5000.

[soad]

KingNothing said:

That's fking low and a disgraceful offer for the damage that's been described if you ask me, considering you get £2k for slight whiplash, that's a piss take; reject it.

Exactly my thoughts.

[1bhp]

My brother is not the kind of person to take handouts for no reason and doesn't want to come across as such a person but given the circumstances he believes he deserves more than is being offered but at the same time does not want to sound ungrateful.

He has had to have lots of help with personal care etc which has been extremely embarrassing not been able to wash or dress the lower half of his body and as somebody pointed out above he feels kind of insulted by the offer.

Unfortunately he lost his job only a few months before the accident, meaning they won't compensate for that but hes also not been able to seek work because of his injury's

He has a solicitor through his insurance but they don't seem to be that great tbh. We are just a little bit unsure what happens if he refused the current offer etc hes worried he may not get anything at all if he does that.

[entwisi]

I was knocked off my bike, crushing L1 Vertibrae, salvaging muscles in my back suck that I still need regular Physio 10 years later. I was off work 8 months. I got 30k in damages.

5k is an insult.

[Chrisw666]

You (Your Brother) need to take some independent advice on this.

I'd contact your local CAB or similar and also speak to a couple of solicitors (most will provide you with some consultation free of charge).

[J4CKO]

5 grand, thats pathetic, you need to get him to get a sex change, join the Police and get a few sexist ccomments and he will get a couple of million quid.


Reject offer, ask for what, 100 grand and see what thety come up with, those were horrific injuries, he deserves more to compensate in soem small way for what he has been through, and the drunk driver needs the st beating out of them.

[CYMR0]

J4CKO said:

5 grand, thats pathetic, you need to get him to get a sex change, join the Police and get a few sexist ccomments and he will get a couple of million quid.

Reject offer, ask for what, 100 grand and see what thety come up with, those were horrific injuries, he deserves more to compensate in soem small way for what he has been through, and the drunk driver needs the st beating out of them.

Don't get into counter offers yet - this needs specialist legal advice and a medical report.

£5k wouldn't be from a nautical company based in Wales, would it? They tend to do a lot of pre-med offers like this to get you gone - but they will also be realistic if you meet them with proper evidence and representation.

[CYMR0]

Chrisw666 said:

You (Your Brother) need to take some independent advice on this.

I'd contact your local CAB or similar and also speak to a couple of solicitors (most will provide you with some consultation free of charge).

Wouldn't touch the CAB here - this needs a solicitor who specialises in personal injury law. The costs of negotiation should be recoverable from the other side. I also wouldn't go to one of the big call centre providers who advertise extensively on TV etc. - this needs someone who will not just be motivated by the prospect of getting it to £10k and a fixed fee, then gone!

[ZOLLAR]

This isn't advice from my usual insurance knowledge just a "I know someone in a similar position" post

Every claim and injury is different but a work colleague who was in a similar circumstance (drunk driver into rear > heavy rear end damage > vehicle caught fire > injuries multiple broken bones and also due a hip replacement this year ) They have received a settlement of just over £45,000, various interim payments been made too.

That's a low initial offer they're probably expecting him to reject it anyway.

[16v stretch]

I'm looking at more than that for an injury to my lower back muscles after an accident, it's not a settlement figure offered by the third party is it?

[CYMR0]

16v stretch said:

I'm looking at more than that for an injury to my lower back muscles after an accident, it's not a settlement figure offered by the third party is it?

It's probably a figure that's raised before either side has any idea of what the actual claim involves - but the defendant is expecting it to be bigger than that. Of course, if they were wrong and it was just a bit of whiplash after all, it'd be "take the money and run" time.

If of course the claimant (your brother) was the kind who'd never seen £5k and just thought of it in terms of how much Oranjeboom it would get, he might well accept and save the insurers £70k or whatever, too.

Of course no one can really say without proper medical evidence and legal advice what the claim is worth (this also includes the defendant insurers, by the way) as it all depends on the long-term prognosis. However even based on what he's gone through already, it seems to be significantly more than £5k - with any loss of earnings to be taken into account on top.

[Jasandjules]

Speak to a solicitor. There are books (such as Kemp and Kemp) which deal with damage awards for specific injuries in PI cases. You need to find someone with a copy of such a book who can accurately ascertain the value of your brother's injuries in order to be able to make a realistic counter offer.