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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10794
Experience:  Barrister 17 years experience
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industrial injury deafness claim/ been offered £5000 inc of

Resolved Question:

industrial injury deafness claim/ been offered £5000 inc of costs and damages without prejudice in full and final settlement. have 14 days to accept. My solicitor advises me to accept offer 4 days after deadline. IF I accept I will only receive 20% of the money due to disbursements, fees and ATE premium. IS THIS CORRECT ?

REGARDS XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Here because your settlement sum is inclusive of costs, it is the case that 80% of your award is going in legal fees and disbursements. Regretfully this is often the case. However, you should really be chatting with your solicitor to assess whether the offer really fully values your case. Your solicitor seems to think so as his is recommending acceptance. However, you should assess it yourself in accordance with the severity of the deafness you have suffered. The amount of 5k inclusive of costs is very small and suggest there was really very little wrong with your hearing. So you should only accept this if the injury was minor. Otherwise you should hold out for a better offer. As a general rule, it is only on the third offer that an insurance company will offer the value of the claim. Up till then a discount is applied for settling early.

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