Legal claim help required please
Discussion
Short version:
My brother was involved in an accident just over a year ago. He was T-boned on his way to work so fault is not disputed. His injuries meant he has been signed off from work for over a year. His ex even stopped access to his daughter as he couldn't afford to pay her any maintainence (verbal agreement, not CSA).
He has just been offered £5,000 as a final settlement, which is ridiculous by all accounts, though apparantly his solicitor (his insurer's) has recommended he accepts the offer!
What does he do next?
He really isn't very good at sorting these things out, so I would appreciate any advice very much.
My brother was involved in an accident just over a year ago. He was T-boned on his way to work so fault is not disputed. His injuries meant he has been signed off from work for over a year. His ex even stopped access to his daughter as he couldn't afford to pay her any maintainence (verbal agreement, not CSA).
He has just been offered £5,000 as a final settlement, which is ridiculous by all accounts, though apparantly his solicitor (his insurer's) has recommended he accepts the offer!
What does he do next?
He really isn't very good at sorting these things out, so I would appreciate any advice very much.
If he can demonstrate loss of earnings then surely he should offered more than this? You don't get much for emotional turmoil, pain etc, but demonstrably loss of earnings is usually the easy bit. Is the solicitor his and paid for by insurance policy, or insurance companies? Latter is not working for him and may not have his interests at heart
Doesn't sound much of an offer if he has not been able to work for a year. Is this entirely due to the accident or are there some other reasons why he can't work? The insurance companies usually work off "tariff's" for various levels of injury. Has he been sent for a medical report/assessment? Has he had independent legal advice? A bit more detail would be helpful.
Beggarall said:
Doesn't sound much of an offer if he has not been able to work for a year. Is this entirely due to the accident or are there some other reasons why he can't work? The insurance companies usually work off "tariff's" for various levels of injury. Has he been sent for a medical report/assessment? Has he had independent legal advice? A bit more detail would be helpful.
The only reason why he hasn't worked is down to injury from the accident. He has had continual assessment of his injury since the accident, and has only just been given the ok to start work again.
The only legal advice he has received will have been from his insurers solicitor.
sultanbrown said:
Beggarall said:
Doesn't sound much of an offer if he has not been able to work for a year. Is this entirely due to the accident or are there some other reasons why he can't work? The insurance companies usually work off "tariff's" for various levels of injury. Has he been sent for a medical report/assessment? Has he had independent legal advice? A bit more detail would be helpful.
The only reason why he hasn't worked is down to injury from the accident. He has had continual assessment of his injury since the accident, and has only just been given the ok to start work again.
The only legal advice he has received will have been from his insurers solicitor.
Insurer's solicitors are crap; I know, because I work in this profession. I can gladly have a look at the medical reports and chat to your brother over the telephone if he wants - my contacts details are in my profile.
Happy to help,
Richard
Having been involved in an accident that kept me away from work for nearly a year then went back to study law at University I know how your brother is feeling.
It took fours long years to gain a settlement to such a claim and can assure you that the loss of earnings in full and more were compensated for. Personal Injury caused by neglect which, is obviously evident in his case is, actionable through the law of tort in civil proceedings.
There is a scale that the courts adopt to such injuries such as x amount for broken arm/leg etc. However, whatever the injury and proof of assessment keeping him from work along with, fault being evident will be enough to claim the full loss of earnings plus many other expenses including stress (not having access to his child)etc etc.
I would advise that he consults a solicitor that deals with civil litigation but be aware of the no win no fee hospital chasers.
It took fours long years to gain a settlement to such a claim and can assure you that the loss of earnings in full and more were compensated for. Personal Injury caused by neglect which, is obviously evident in his case is, actionable through the law of tort in civil proceedings.
There is a scale that the courts adopt to such injuries such as x amount for broken arm/leg etc. However, whatever the injury and proof of assessment keeping him from work along with, fault being evident will be enough to claim the full loss of earnings plus many other expenses including stress (not having access to his child)etc etc.
I would advise that he consults a solicitor that deals with civil litigation but be aware of the no win no fee hospital chasers.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff