Ask a Law Question, Get an Answer ASAP!
Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today. Is your case for breach of contract, or something like negligence (injuries, etc)?.
You say the case is with a lawyer, they will need to tell you what the likely damages would be with reference to the evidence in your case. I don't know if your case involves a simple debt claim, negligence, employment law, personal injury claim, etc. The court will assess damages based on available evidence - if the claim is more complex (e.g. it has an injury element) then case law would be considered as well as medical evidence. Your lawyer will advise you of the likely range of damages and if an offer comes in within that range, they will probably advise you to accept. You should follow your lawyer's advice as if you do not, they may terminate the retainer you have with them and they will bill you for the work carried so far, so you would need to be careful you do not do that. Without further details of the dispute I can only give a general answer - as a claimant, the onus is on you to prove your loss (I am sure your lawyer has advised you of this already) - the burden of proof being 51% or "more likely than not", so if you have evidence which points towards a loss, there is no reason why you cannot successfully claim it. Feel free to add further details if you wish and I can refine the answer for you.
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
Thanks, ***** ***** would be required (psychological evidence) to give a prognosis period - in addition to assessing your special damages (out of pocket expenses e.g. loss of earnings).
Sorry, I can’t take a call at the moment but other experts are free to contact you. If no one calls you then you will not be charged for it - an "authorisation" has been made for payment, that's all. However, the call request is open to all experts so will remain available until it’s either taken by another expert or if you cancel it. If you would like to cancel the call and the charge, customer services can be contacted either by email (*****@******.***)
Depression is a psychological issue, so your lawyer will need to obtain medical evidence to give a prognosis period - then the lawyer needs to refer to the Judicial College Board Guidelines (JCG) and also case law, to determine an award for PSLA (pain, suffering and loss of amenity). This is the injury award. Then you add on any financial losses on top.
Thanks, it's impossible for me to say because I have not seen medical evidence (which needs to be final). I would need to see your medical records and a report from a psychologist to know what you would be looking at. It could be several thousand pounds though as I say, it all depends on the medical evidence.
It can range from a few thousand up to over £100,000 for the injury. The medical report would need to give a diagnosis and a prognosis to know how much
Doesn't matter - your lawyer will commission a medico legal report from a psychologist or psychiatrist with reference to your medical notes and they will prepare a report
If you didn't seek medical attention the defendant will say the psychological injury was less severe but it does not stop you from claiming as some people don't seek medical treatment - it's not fatal to a claim like this.
The expert only needs to say that you suffered an injury "on the balance of probabilities" or "in all likelihood", for you to succeed.
If there is any pre existing vulnerability then the defendant will take issue with that. So I wouldn't be surprised at all if the defendant raises causation as an issue (i.e. a causal link to your current / ongoing depression and liability with the treatment from the cult).
Thanks, ***** ***** be covered by the medical expert which the lawyer will commission for you.
Thanks, ***** ***** well try again. If no one else calls, then you can ask customer services to step in - customer services can be contacted either by email (*****@******.***) or here: https://www.justanswer.co.uk/help/contact-us