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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What was the recovery period please?
Customer: replied 2 years 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 2 years ago.
Yes I understand. What is the recovery period of the tenant? What was the prognosis?
Customer: replied 2 years 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 2 years ago.
So how long was she ill for, the whole 13 months?
Customer: replied 2 years ago.

whole 13 months.

Expert:  Ash replied 2 years 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 2 years ago.

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

Expert:  Ash replied 2 years ago.
£3500 for general damages, ie the injury.
Does that help?
Alex
Customer: replied 2 years ago.

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

Expert:  Ash replied 2 years 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 and other Law Specialists are ready to help you
Expert:  Ash replied 2 years 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