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

#1 2008-11-27 18:09:24
julieB

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Registered:

2008-11-27

Posts: 3

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

I am very new to any kind of forums!  I have posted my querey in the, 'Road accidents' thread, but as far as loss of earnings is concerned...

A specialist that examined me said that any symptoms I have after two years after this accident were due to a previous accident years ago from which I had made  a complete recovery.  Therefore I am only entitled to compensation for the last two years and not for any FUTURE loss of earnings.

However before the last accident I was fit and well, always attended work.  This seems like a cop-out.  Surely as I am no longer able able to work I due to this second accident I should be be entitled to loss of earnngs until my retirement date.  Bear in mind that before this second accident (the subject of my current claim) I had a perfect 25 year unbroken work record with a major high street retail employer.

Any advice on the above would be very much appreciated.

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#2 2008-11-30 10:58:26
claimsus

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Registered:

2008-11-28

Posts: 29

Although some small payments to children are made just on the basis of a signed
acceptance by a parent, it is not good practice to do it this way. It is better to
ask the court to approve it. This makes sure that the child does not turn 18 and say
"you settled my claim for not enough". It may sound strange but that is what can
happen. Settlement with the parent is not binding on the child. To make sure the
settlement is binding the court should approve it. The procedure is to issue an
application at court. At the hearing the judge decides whether the settlement is in
the child's best interests. This protects the child and the parent. The court then
directs what happens to the money. Normally the court wants to make sure that the
child is protected so the money is invested by the court funds office until the
child is 18. This makes sure that the money is not mis-spent. The court funds office
gets a good rate of interest and the interest is accumulated so the fund will beat
inflation.The court can agree to payments out of the fund if it thinks that it is in
the best interests of the child.
If this seems daunting, instruct a solicitor. The insurance company will be ordered
to pay the legal costs of a solicitor preparing all the paperwork and going to
court. The procedure would take in the region of 3 months.

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