Whiplash/ shoulder injury

#1 2011-06-28 11:04:41
shobso

New member

Registered:

2011-06-28

Posts: 1

Whiplash/ shoulder injury

Hi all

I had car accident in feb 2009. The other driver failed to give way at a roundabout and entered at speed sending my car sideways and forwards.

the other driver admitted liability at the accident scene. This has since been backed by the isurance company admitting liability, day after in writing. so no arguments on liability.

I was seen in minor injuries the same day with a 'burning sensation' in my neck, and a egg sized bruised swelling to my forehead. This led to five weeks off work. substantial neck/shoulder pain.
Since this time i have had ongoing neck should pain. A further three weeks off in jan 2010 when my neck went into pain spasm.

I have have been seen by medical practitioner (GP) - for initial report - he said recovery in 9 months......nope!
I was then seen by an orthopeadic surgeon - he said recovery in 2 and half years.
I have also been assesed by an orthopeadic surgeon (neck), by referral from GP. After MRI's and ultrasound, it was found that i have nerve impingement in my shoulder. Following two steriod injections into my shoulder ( which improved both my neck and shoulder) i have very recently undergone surgery to my shoulder. The surgeon has advised that i will be off work for 3 to 6 months due to shoulder intensive nature of my work. I have also attended psychological assesment for stress whilst driving and been diagnosed with an anxiety disorder. I am attending CBT sessions for this.

so there is the background. I am obviously awaiting recovery before i can settle my claim but in the mean time would like to ask some questions. My case is being handled by a solicitor appointed via my insurer.... BUT they are really less then helpful. it has already passed through several claims handlers. I have caught them lying on numerous occasions and feel that they have offered me poor support:

Questions
A) can anybody give a rough estimate as to amount of compensation - they are unwilling/unable to discuss this. and since i have had multiple issues  ongoing for above two year how can I guage the merit of any advice the give me on amounts to expect

B) interim payment - i am already Â?6000.00 out of pocket due to loss of earnings, prescriptions, physio ( paid for by me cos it took so long for the other side to cough up....i needed to get back to work) what are my rights cos i am seriously skint and off work again due to surgery. I have a mortgage to pay and only get statutory sick - part time and self employed partime so earn nothing there.

C) can i claim interest on the amounts i am out of pocket - this has depleted any savings  had - and the main loss of earning was two years ago.

Any Help would be gratefully recieved. Plus any future guidance acceptence
thanks

Offline
#2 2011-07-09 01:12:15
legaleagle

Member

Registered:

2011-07-09

Posts: 33

Your Solicitor should  ask for another interim payment if the medical evidence shows that your award for your injuries is likley to be in excess of the interim payment you have already recieved.

Regards

Offline
#3 2011-10-22 16:30:45
louise

Guest

hi there ive just read your story about your whiplash and it sounds just like mine ,i had an elderly gentlemen rear end me ,i was 5 weeks off work due to whiplash and shoulder injury ,on friday i just had a cortisone injection to my shoulder as a scan showed i had an impingement and frayed tendons ,my crash will be 2 years on the 30th december my medical which i got said 1 year then 2 years which is now nearly up ,apparantley after 2 years off suffering your whiplash and other injurys are classed as permanent or servere ive decided looking at other awards my claim surley has to be worth Â?8 to Â?10k, my lawer is the same you can never get to speak to them or hes always on holiday ,have you had any money since your posting ,my lawyer sends all my medical bills stright to the 3rd party ive had 2 lots of private pyhsio at Â?600 per time and 2 lots nhs pyhsio ,so i suppose ive been lucky with the bills ,louise

#4 2011-10-22 16:31:40
louise

Guest

hi there ive just read your story about your whiplash and it sounds just like mine ,i had an elderly gentlemen rear end me ,i was 5 weeks off work due to whiplash and shoulder injury ,on friday i just had a cortisone injection to my shoulder as a scan showed i had an impingement and frayed tendons ,my crash will be 2 years on the 30th december my medical which i got said 1 year then 2 years which is now nearly up ,apparantley after 2 years off suffering your whiplash and other injurys are classed as permanent or servere ive decided looking at other awards my claim surley has to be worth Â?8 to Â?10k, my lawer is the same you can never get to speak to them or hes always on holiday ,have you had any money since your posting ,my lawyer sends all my medical bills stright to the 3rd party ive had 2 lots of private pyhsio at Â?600 per time and 2 lots nhs pyhsio ,so i suppose ive been lucky with the bills ,louise

#5 2011-10-28 11:26:06
CarLawyer

New member

Registered:

2011-10-28

Posts: 1

Dear Louise and Shobso,

I have read the details of your accidents and unfortunately your accounts are not unusual.  Whilst I do not want this reply to be considered as a sales pitch I frequently take over cases from other solicitors because the former solicitor simply hasn't grasped the full extent of the injuries or the financial losses that stem from road traffic accidents.

In answer to your questions:

The value of your claim is dependant upon your medical evidence and the special damages claim (loss of earnings, care and assistance etc).  Special Damages can often be significant but are also often overlooked when it comes to settlement.

Your entitlement to interim payments is set out in court rules which in essence say that it is irrelevant as to what you need the money for, all  that needs to be proven to the court is that liabiliy is not in dispute and that the amount of interim payment being requested does not exceed the likely settlement.  Obtaining interim payments is usually pretty straight forward and initially will consist of preparing a detailed schedule of loss for disclosure to the Defendant's solicitor and a request for Â?x.  If the payment is not forthcoming then your solicitor should issue proceedings and make an application to the court and based upon what you have said below it seems unlikely to me that the application will not be successful (although of course I have not seen your files of papers).  Many solicitors are reluctant to utilise the court in these instances however the reality is that is exactly what the court system is there for. 

Interest is only recoverable when proceedings have been issued.

Kind regards,

Neil Rees
CarLawyer
Solicitor

Offline