Am i Being justly compensated

#1 2008-12-13 10:47:58
kazandlee

New member

Registered:

2008-12-13

Posts: 2

Am i Being justly compensated

Hi,

Realy need some help, 18months ago i was involved in a motorway accident that i survived but has affected my quality of life greatly,
Firstly, i was hit by a driver that was asleep at the wheel, the driver crashed into me whilst i was driving in the outside lane of the motorway, he lost control and hit my rear quater causing me to fishtail along the carrage way, i was told by a wittness that two of the fishtails i had i was on 3 wheels, i still dont know to this day how i kept my car on its wheels, all i remember is seeing vehicles in my rear view mirror come at me at speed, i belived my life was about to end, during the collision i aquired a sprained wrist, whiplash to my neck, upper back muscular damage, my head and ear hit the seat belt pillar twice.

Whilst i was able to exit my vehicle ok, i was in shock, it wasnt until the next day that my hell started, after a hospital visit i started to have this annoying ringing in my ear, 18months later i still have this issue, i have had numerous examinations for my injuries and i have been diagnosed with severe tinitus with partial hearing loss in one ear, my wrist has since mended, my back and neck symptoms remained for 1 year, i still have niggles, my biggest issue is my psycological state, my quality of life has reduced, i feel i cant cope with day to day issues like driving, making confident decisions, i have been diagnosed with PTSD, i occaisionally have flashbacks, i feel guilt, my whole life has changed as a result of this accident, i am in a proffesional career, which has been affected by this, even my marrage.

I have been offered a some of money to settle the claim, the amount that has been offered is 20k, the thing is, my solicitor is saying this is a good deal and take it, i feel however that it is not, i spoke to a colleague who had an accident 10 years ago and was awarded 6k just for whiplash, it doesnt stack up to me, the thing is, its not as if i need the money, i just wanted to be compensated fairly.

Hope someone can advise me on what to do, this is the first time i have ever had to claim for anything so this is all new.

Thanks in advance.

Kaz

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#2 2008-12-18 11:58:03
claimsus

Member

Registered:

2008-11-28

Posts: 29

Kaz, sorry to hear about your accident.  Loss of hearing and tinnitus is rare
from an accident but we have known it to happen before. Without seeing all the
medical evidence we cannot tell you if the offer is fair or not. It is dangerous to
compare your case with other cases when you do not have all the evidence. Did your
solicitor talk to you about the Judicial Studies Board Guidelines or any cases to
support his advice? You should ask your solicitor to get an opinion from Counsel (a
barrister) and insist on a face to face meeting with your solicitor and barrister.

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#3 2008-12-18 12:08:10
The Claims Guy

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Registered:

2008-12-18

Posts: 8

Hi Kaz

I really need to know more about your partial loss of hearing from one ear as this can cripple you long term.  Do you know if you accept that offer then it would be the full and final settlement that you cant go back and re-open the case, does the 20K include your other damages such as travel, medical and loss of earnings of is it solumny based on your injuries.  I say that contact your GP or visit your local hospital and query this issue and if they say that in 10 years time you will be completely deaf from one ear, then to be honest you can push the figure of settlement higher as it is going to affect you long term and compensation is determined on your prognosis period, meaning how long of a period of time you will be suffering.

Hope this helps

Again i would love to take the case on but sinse the case is already running, then stick to the solicitors who are representing you as im sure they will be looking at your best interest.

Thanks

The Claims Guy

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#4 2008-12-20 07:24:04
kazandlee

New member

Registered:

2008-12-13

Posts: 2

Thanks for your help,

The Prognosis for my ear problem is permanent partial hearing loss in one ear, i have constant ringing in my right ear, it has become a real problem for me, even getting to sleep has been affected, the 20k is for my injuries only, my injuries consisted of, severe whiplash, this apparantly has caused the onset of the tinitus due to the nature of the collision, and the injuries to my neck and upper back,i am still suffering from depresion, flashbacks, interupted sleep, and of the course the affect on my life in general, the hand injury has now healed, the neck and upper back injury has recently reduced, so this leaves the issue of my state of mind, and the tinnituss, the specialist diagnosed this as severe, long term, probably permanent partial loss of hearing in one ear.

I spoke to my solicitor last week and told him i would not be accepting the offer, i hope i am right in doing this.

Thanks

Kaz

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