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i have to write a letter to the client (claimant) explaining the outcome of the telephone conversation. It should be set out: -the fact that liability and contributory negligence still have to be decided (Both solicitors during the negotiation have decided they will not discuss this at this stage) -what concession has been made by the Defendant on causation (this is kind of what i wrote: At the beginning, in respect of causation,(defendant plc) were arguing that the accident did not cause injury you sustained. They relied on their expert’s (Dr m..) opinion. Their medical evidence revealed that the symptoms you suffered are not attributable to the accident. Mr W (defendant's solicitor) was arguing that you already had the degenerative condition. His assumption was based on the fact that you have attended three previous visits at your GP, complaining of a stiff neck. However our medical expert, Dr ...suggested that your degenerative condition was present, but symptom-free at the time of the accident, which supported a finding that the accident worsened a pre-existing condition. After debating on the accelerationboth solicitors came to conclusion that they can settle this matter if you would be willing to accept the reduction to eighteen months acceleration period. ( so they have reduced acceleration point from 3 years to 18 months) and concede causation point. -the outcome of the negotiation on damages and why the proposal is good one: (a) With regard to the question of damages both solicitors had submitted to settle the general damages aspect of this claim in the sum of £5,350. b) Regarding the claim for special damages that you have incurred as a result of the injury sustained in this accident both solicitors reached conclusion that the figure comprising past and future lost would be dropped down to 12.5%. Quantum is agreed (subject to liability) at £9,598.82 (comprising general damages of £5,350 plus special damages of £4,248.82 being past loss of £4,759.80 + future loss of £96.00 = £4855.80. Less 12.5% = £4,248.82). -why is better to avoid the risk of trial
its the case scenario
so it has to be written by me as i am trainee legal executive
ok thank you
do i still have to pay?