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Court case imminent - what should be my compensation and damages?

#1 2008-11-27 17:53:32
julieB

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Registered:

2008-11-27

Posts: 3

Court case imminent - what should be my compensation and damages?

I am asking for advice regarding a road traffic accident.  Almost two years ago some young idiot drove his car into the back of my  car, whilst I was stationary in a queue of traffic,writing my car off and also writing off the car i was shunted into.

Before this happened I had a perfect twenty-five year unbroken work record with a national employer.

Since this accident I have not worked. I have lost my job, and it seems unlikely that I will ever work again.

There are a firm of solicitors on the Wirrall that are dealing with my claim.  They are suggesting that I allow them to settle now in court for about ?4000 plus up to two years loss of earnings. 

I have been examined by a consultant for my insurance company.  His report says that the problems that I am currently experiencing are due to this accident, 'accelerating' injuries I sustained in a minor accident over two years before.

The insurance doctor says that the symptoms that I have now I would have had anyway by now, even if I had never been involved in the second accident.

I had only rarely seen a doctor relating to symptoms from the first accident, and had not lost any time at work due to the first accident.

It may be true that I may have symptoms from the first accident that have now been accelerated by the second accident.  However how can any doctor say that now, nearly two years after the second accident, I would have been completely unable to work anyway, soleley because of the first accident.

As things stand I can only receive up to two years loss of earnings.  It is quite obvious that I would still be working now if this second accident had never happened.

If I had not been involved in the second accident I would have been able to carry on working for at least another five to ten years.  This means I have lost all those years of future earnings, plus pension.

My solicitors say that if I do not accept his proposal I will have to pay to have further examinations and  try to get a second opinion or report that contradicts the original report.  This accident has devastaed my life, I have very little money and cannot afford this.

I have now received an assessment from a psychologist who has recommended I have at least 10 sessions of CBT for flashbacks and the like. I  have become very depressed because of all of this, for which I have also been assessed.

My case will soon be going to court.  However the limit of damages for the kind injuries I have sustained is around four thousand pounds.  Seeing as I have lost my job and may never work again this seems very low. 

Can I expect any substantial damages for the psychological damages and depresssion?  Is there any chance that I could receive compensation for future loss of earnings? What exactly can I claim for as expenses due to the problems my injury has caused for the last two-and-a-half-years?

Any help would be greatly appreciated.

Thanks.

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#2 2008-12-01 14:01:44
claimsus

Member

Registered:

2008-11-28

Posts: 29

The idea that an accident can accelerate a previous condition is not particularly
scientific but it is a very commonly applied principle. It happens because lawyers
expect doctors to tell them what would have happened "but for" the accident and that
is always a guess. It is an educated guess, but a guess all the same. For a doctor
to say that but for the accident you would have been finished from working in 2
years seems harsh as you say but is it based on any hard evidence? Have you had an
MRI scan? What did it show? If there are degenerative changes shown on the scan then
you would have got symptoms anyway, but severe enough to stop you from working? What
job do you actually do? What were your injuries? Why can you not work?
If the medical report has not been disclosed then I would want a second opinion. Can
you not agree to allow the solicitors to take the cost of the second report out of
your damages? Have you had a conference with counsel? Counsel may be able to speak
to the expert to try to get a sense of why they are cutting your claim off at the 2
year mark. If you have already approved the report for disclosure then it is harder
to justify going to a new expert as the other side are entitled to use the first
report. More and more these days insurers now use experts on contracts that they
don't want to lose instructed through medical agencies. No doctor wants to stick his
neck out and be prepared to say that someone is permanently disabled because of an
accident and risk losing a supply of work so it is very common for doctors to say
that 2 years is the cut off, so even if you go to a new expert you might not get a
better report. I would want to handpick the doctor second time around not use an
agency doctor. It may be better to swim with the tide and see if the doctor will say
that the symptoms that woulld have happened anyway would not have been expected to
stop you from working.

You can get money for the psychiatric damage. Ask your solicitor to advise you on
how much and don't let him tell you that there is "overlap" between physical and
psychological injuries.

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#3 2009-01-08 10:46:52
julieB

New member

Registered:

2008-11-27

Posts: 3

As my car accident claim is due to be settled shortly, I am trying to seek advice on what expensis I can claim for.

Any help would be greatly appreciated

Thanks

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