Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
The issue is this:
If there are ongoing injuries and you need a MRI scan then any settlement must reflect this.
If you settle early then sadly you may not get a correct compensation sum, you may be entitled to more
If you are suffering from loss of earnings as a result then your general damages claim (compensation for the injury) is separate from the special damages (other compensation, such as loss of earnings etc).
The insurers need to be satisfied as to the prognosis of any claim that you may have.
If not then you may get a lower award to which you are entitled to.
If the medical experts recommended MRI scans for further investigation then no insurance company is going to be able to settle the claim without sight of the MRI
The MRI may show up nothing at all - or it may show a more serious injury
Even if the other side have admitted liability quantum (the financials) still needs to be dealt with.
But 12 months onwards is quite normal.
Usually these things go on for around 2 years before they are settled.
If you have ongoing injuries then in reality it would be very hard to settle - because you simply dont know what the prognosis for recovery is.
That prognosis dictates what award you should receive.
I realise this may not necessarily be the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Hi Alex, Thank you, I am just a bit lost with the whole process. Everytime I think we have got to the point where it can be settled they come up with something else. My case was complicated because while my injuries were being assessed I was diagnosed with breast cancer and have undergone extensive treatment for that along side the RTC injuries.
Can I clarify anything for you about this today please?
Yes indeed and the insurers both yours and the other side will need to make sure that any injury for which you will get payment for is linked to the index accident.
That is probably why without the MRI or further investigation you have no claim. Because they all need to be satisfied it is because of the index accident and not the breast cancer
Ok, Thank you, I just wanted some clarity on the situation. I will go ahead and have the scan. The injuries from the RTC are on the left and the Cancer was on the right.
My main issue is my financial position which is becoming precarious to say the least but I guess I will just have to follow the process to conclusion. Thank you
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