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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been advised by my solicitors to accept an out of court

Resolved Question:

I have been advised by my solicitors to accept an out of court settlement of a personal injury claim , but the money being awarded does not include the special damages which had previously been agreed verbally . What can I do now ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you accepted the offer? Is the offer global or is it just for generals please?

Customer: No I haven 't accept ed the offer .
Customer: I don't understand what globals or generals means
Alex Watts :

n

Alex Watts :

General just means for your injury

Alex Watts :

Global means it includes generals and specials

Customer: No it is for everything
Alex Watts :

So global. What is the value of your specials?

Alex Watts :

In brief what was the injury and prognosis, ie neck whiplash, 6 months

Customer: £22,500
Alex Watts :

ok

Customer: Bro***** *****d . Back injury estimated recovery 2 years but still ongoing problems .sacroiliac pain causing muscle spasms and mobility problems
Alex Watts :

What is the global offer?

Alex Watts :

I assume specials have been for physio etc?

Customer: £15,000 to include everything apart from new glasses , special orthopaedic pillows
Customer: Yes also CBT for post traumatic stress ( I was in a broken down stationary truck hit by a Sainsburys delivery lorry at 50 mph )
Alex Watts :

There is a book called JSB guidelines and that gives a guide as to what an injury is worth. As you can imagine it is a guide and it is not an exact science.

Customer: Where can I get it ?
Alex Watts :

The bracket of minor where a full recovery takes palce within about 2 - 5 years or symptoms carry on at nuisance level £6,380 - £10,120

Alex Watts :

The bracket of moderate is prolonged acceleration of previous injuries etc £10,120 - £22,240

Alex Watts :

There as you can see you probably fall at the top end of minor and lower end of moderate.

Alex Watts :

Therefore any level of damages should be around £10,000 for generals.

Alex Watts :

However this excludes specials.

Alex Watts :

You should ask your Solicitor why it excludes specials given they are £22,250

Alex Watts :

There should be an element of specials even if they are reduced.

Alex Watts :

It would seem you are being offered around £5k for specials to be included.

Customer: I have not recovered and my symptoms have got steadily worse . I now have morphine patches to control the pain and have have nerve root blocks with no improvement . Am awaiting referral to National Hospital for Nervous diseases for a second opinion .have been under Bart's Pain Clnic for past 18 months
Customer: I have incurred £ 22,500 debt trying to get to all the appointments and do all y
Customer: the things my solicitors have advised yet they are only offering £3,000 specials
Alex Watts :

Then they should not be making an offer,.

Alex Watts :

You need a prognosis or medical report to say what the long term prospects are

Alex Watts :

If generals and specials can't be agreed then the matter goes to Court and a Judge decides on what you are entitled to

Alex Watts :

You can reject the offer

Alex Watts :

If you do not have a long term prognosis then you can't possibly have a global offer at this stage

Alex Watts :

But even where there is some minor long term disability the top end of £22,440

Alex Watts :

If there is a crush fracture or if there is constant pain and substantial risk of osteoarthitis the bracket is £22,440 - £31,350

Alex Watts :

Does this help?

Customer: Yes ,but it seems that my solicitors are not working to get me the right settlement . Should I get legal advice from Citizens Advice to help me ?
Alex Watts :

Well CAB probably wont help as you have current Solicitors. But you can complain to the Managing Partner that handles complaints. They will look into the matter for you. Also there is the Legal Ombudsman - http://www.legalombudsman.org.uk/

Alex Watts :

Does that help?

Customer: I guess I will have to deal with the partner who handles complaints but it isn't looking at all hopeful really
Alex Watts :

Yes but then if you are not satisfied you can go to the Ombudsman.

Alex Watts :

But you dont have to accept any offer you are not satisfied with

Alex Watts :

Can I clarify anything else for you?

Customer: Nothing else I can think of . Thanks for your help
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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