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RTA claim amount

#1 2010-11-02 13:14:37
becky

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RTA claim amount

I was stationary at a roundabout when I car hit me from behind, the other car was travelling at quite a speed and pushed my car across the road - the damage to my car was extensive costing over Â?1200 to repair.
I suffered with a neck & shoulder injury along with an back injury which caused sciatica.
On the medical report it states that I had a soft tissue, whiplash injury affecting the neck region involving muscle and ligaments - the doctor has scored my pain as severe for the first 6weeks and ongoing as moderate - he expects it take 9months before the injury resolves. In relation to this it also confirms that I suffered a continuous headache for 6weeks - as a result of the whiplash injury.
with regard to the Back Injury - the doctors opinion is Pain and Stiffness in the Thoracco-Lumbar Spine - which again he expects it to take 9months for this injury to resolve. He has scored my pain intensity of my back as Severe for the first 8 weeks and moderate ongoing. The doctor advises that my symptoms relate to a soft tissue injury affecting the lumbar spine involving muscles and ligament. With the regards to the sciatica he anticipates that it will take 6months before the injury is resolved.
I have been on constant medication since the accident in August, including Tramadol, Codydramol and Amitryptilane. I have also been having weekly physiotherapy sessions and the doctor has suggested that this continues for 4months.

My question is that my solicitors have just receive this medical report and they have contacted me advising that the value my claim at Â?1750- Â?1950, and I'm honestly not being greedy but I do not agree with this amount - due to the pain and suffering which I have occurred - I have not been able to do anything like I was able to before the Sciatica is so intense that I couldnt make it up the stairs for the first 4 weeks. I wasnt able to sleep for the first 4 weeks of my injury either and havent been able to go grocery shopping as pushing a trolley aggrivated my sciatica that the pain was too intense. Could someone please advise me whether this sounds like the right amount - also if not then where do I stand, because if I pull out with my solicitors now then they will charge me. Also can I ask that my report is just sent across to the other party insurers for them to value or does my solicitor have to value the claim before it get sent across.
Thanks x

#2 2010-11-03 11:48:17
TC

Member

Registered:

2010-08-17

Posts: 61

Each case is valued on its meriits, however the Guidelines for General damages in personal injury state that where a full recovery is made between a few weeks and 1 year, the vallue of the claim will be around Â?850 to Â?2750

These are for general damages (the actual injury) and then you haqve special damages which covers everything else, such as your out of pocket expenses, damage to your vehicle, and so on.

Without having seen your medical report or your case file, it is impossible to value your claim on a public forum, but the idea of the medical report is not only to determine the severity of the injury as it was and now is, but to also offer a long term prognosis and thus affects the value of the award as well.

You can change your solicitor at any time and it will not cost you.

If you instruct a new law firm to take over your case, then they will ask you to sign a letter of authority to allow them to ask for the file, and then they will give an undertaking to pay your previous law firms reasonable costs when the case settles.

If you are being covered under legal expenses insurance, then your current law firm will be paid anyway, and your new law firm may be able to continue to have your case funded under the policy or switch you over top a Conditional Fee Agreement (No win no fee).

Bottom line is though that it will not cost you anything to switch.

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#3 2010-11-28 20:11:28
Kirkie Smeaton

Guest

I used 1st stop claims co. there website has a calculator that tells you what you can get. Very helpful, you'll find them on google.

#4 2010-11-29 12:24:58
rezzy

Member

Registered:

2010-11-22

Posts: 60

Hello everyone,
We are a NO WON NO FEE Claim Management Company!
Becky! Feel free to contact me and then we will see what we can do for you..whatever T.C said is right. So let me know if you want to switch over because according to my thinking the compensation amount should be at least Â?3175.00.
Contact me Becky and I will sort it out for you.
Thanks

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#5 2011-01-30 22:56:58
Prompt Response

New member

Registered:

2011-01-28

Posts: 3

Becky,

Firstly I'm really sorry to hear about your accident.

Secondly about the compensation figure...

Unfortunately yes, the Judicial Studies Board has a figure of between Â?875-2,850 for recovery between a few weeks and a year.

The figure you have been given is probably about right, but as has been stated without looking at the medical report it is impossible to say.

Your claim is calculated on a number of factors. It may not seem minor to you as it sounds like you have been in a lot of pain, but the figure is pretty accurate for your injury.

Whoever you choose to help you with your case make sure the claims company operates under a no charge policy and even if your solicitor offers to take your case on under no-win-no-fee make sure they are covered under their own insurance, so that if you have a bad day in court no costs are passed on.

On a final note, when the third party insurers "value" your claim they will almost always severely undervalue it. They might ask you to settle without going to another solicitor to give you the least amount possible.

My advice to you would be to ask your solicitor what other awards they have offered other clients and see if they are trying to take any of your compensation. It may be the case if you go to another solicitor that you may receive a higher amount (within the general damages guidelines).

I wish you a speedy recovery whatever route you choose to go down.

Kind regards

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#6 2011-01-31 12:18:54
hubbard36uk

New member

Registered:

2011-01-31

Posts: 1

Can anyone help please

My girlfriend was hit head on by a driver who fell asleep at the wheel of his car she had cracked skull shoulder jaw and various arm and leg injuries.. She took it to a no win solicitors the first offer has been for Â?7000 and iv advised her this is very poor offer and as its the first to reject, but when she went to her solicitor the lady told her if she didnt accept she would have to pay for any more medical tests ie scans, physio which she hasnt the money to do so it feels like the solicitor is just pushing to take the first offer and has told my girlfriend she has 21 days to decide.. Something stinks about this as if the offer is based on information before more medical checks then surly another offer can be given without further medical checks?? Can anyone help me out here as time is already running out!! thanks  Andy

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