How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

How best to negotiate with claimant? I had been a defendant

Resolved Question:

How best to negotiate with claimant?
I had been a defendant in personal injury case for negligence and carbon monoxide poisoning for my tenant. The claimant’s solicitor is seeking 10k. The claimant has an expert doctors report which states that the claimant suffered from CO poisoning during her stay at my property.
I defended the case with some good evidences for defense and sent copies to court as well as the claimant’s solicitor. And also without prejudice offered £3.1k to settle.
The claimant did not contact me. And the court sent me Small Claims Direction Questionnaire N180 which I have to send by 18 June
1. Should I use Small Claims Mediation Service?
2. What maximum I should offer and when?
3. Any tips?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What was the recovery period please?
Customer: replied 1 year ago.

The case yet not been to trial. We are in pre-tral process and I am thinking to settle before it goes to trial.

Expert:  Ash replied 1 year ago.
Yes I understand. What is the recovery period of the tenant? What was the prognosis?
Customer: replied 1 year ago.

-The tenant stayed at my property for 13 months.

-The doctors report states during her stay she was relatively incapacitated and felt unwell and was unable to function normally, enjoy normal social life and only felt well enough to do basic essentials i.e. shopping etc.

- All medical disabilities cleared promptly after source of CO stopped.

- Prognosis is excellent and do not expect her to suffer any further

Expert:  Ash replied 1 year ago.
So how long was she ill for, the whole 13 months?
Customer: replied 1 year ago.

whole 13 months.

Expert:  Ash replied 1 year ago.
Ok. The claim is worth around £3500 top end for this type of claim according to the personal injury guidelines.
1. Yes use a small claims mediation - it would be beneficial to both
2. Dont be bullied, any Judge wont award more than around £3,500
3. There are no real tips, you have nothing to lose when going to mediation. If its a small claim anyway then even if it goes to Court then they could only recover limited costs.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Do you mean around £3500 inclusive of all? (claimant's court cost etc)

Expert:  Ash replied 1 year ago.
£3500 for general damages, ie the injury.
Does that help?
Alex
Customer: replied 1 year ago.

So using mediation service in total around how much I should offer?

Expert:  Ash replied 1 year ago.
Start low and work up. In reality it will be in the last 15 mins are you likely to get a settlement.
Your top award should be no more than £3500
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice