Motorcycle accident

#1 2010-09-15 16:46:15
Hywel

Guest

Motorcycle accident

Hi, I was in a motorcycle accident 3 months ago where a car pulled out infront of me on a junction. I suffered a dislocated shoulder, sprained thumb and other minor injuries. Does anyone know how much I would be likely to receive for these injuries? I have a solictor at the moment but I don't think the offer they are putting forward is sufficident. Any advice?

#2 2010-09-16 17:29:05
TC

Member

Registered:

2010-08-17

Posts: 61

It is difficult to quantify at such an early stage of the claims process as no two injuries are ever the same the way people heal also varies.

There are a lot of aspects to consider, for example the other side will try and attribute some contributory negligence to get the value down (and bear in mind I do not know the circumstances so just generalising), but there willl be payments for the injury itself which is called General damages, and then special damages which covers pain and suffering, damage to clothing and other property, loss of earnings, out of pocket expenses and, and, and.

The value of your claim (which is called Quantum) to a large degree wiill be based on the report prepared by the independent medical expert who will look at your medical records and the circumstances of the crash, and report on the injuries sustained and the long term prognosis.

There are guidlines that lawyers, the insurers and the courts work by, and there are upper and lower limits depending on the severity, so as i say it is very difficult apart from unproffesional to suggest a value, but your solicitor should pitch it around the right level if they are experienced and professional.

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#3 2010-09-20 13:33:49
Joyce A.

New member

Registered:

2010-08-09

Posts: 3

Speak to your solicitors, cases are valued on cases that are similar to yours that have previously gone before the courts.  They will be able to provide you cases which they have used to value your claim so that you can compare them to your own.  If the injuries are similar (not identical) to your own then provided you fall within the band of the award in that case plus a little for the relevant inflation you ought to accept it.

Anyone who comes along from the little information you have provided and tries to give you a valuation of your claim will be misleading you.  Your solicitors would have obtained a medical report on your injuries, it is only with this report that anyone will be able to provide you an accurate valuation of your claim. It could range from Â?1000 to Â?10,000.00 depending on the severity of ongoing issues, disabilities and the effect this has on your future and or past.  A dislocated shoulder can resolve in 2 weeks or 10 years if there is a tear to the rotator cuff for instance.

If you continue to disagree with your solicitors, under the terms of your agreement with them, you are entitled to seek a second opinion (at your cost). If you strongly disagree then you could ask them to obtain a barristers advice on quantum (the value of your claim) if they are wrong then they will meet the fee.  If you are wrong you will have to meet the fee out of your damages if the other party refuses to pay it.

Your claim is only worth what it is worth in the eyes of the law.  Try not to estimate what you are entitled to from your own view or opinion as unfortunately this is not how the law works.

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