whiplash claim

#1 2011-01-12 21:32:16
titch1

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2011-01-12

Posts: 2

whiplash claim

hi all,

Oct last year i was hit by another driver who pulled out into the side of my car . I had a medical last week due to my whiplash and numbness in my hand not getting any better . The report has just been posted to me and says that in the Dr's opinion he recommends physio for around 6 sesstions and he says he thinks my whiplash will get better in 9 months and hand in 6 months. My solicitor ask me if i want to ask for a settlement figure of Â?2200 for compensation but stated that if i sign but dont get better in the stated time i cannot claim against my further pain or she said i can defere the claim untill the 9 months is up see if im better then put in the claim. I don't know whats best to do what if i put in the settlement and still remain in pain. Do you think Â?2200 if a fair amount ??

I was thinking to have the physio then see how i am pain wise , if i then feel like im getting pain free days i could them put in a claim.

what do you think ??

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#2 2011-01-13 10:48:40
TC

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2010-08-17

Posts: 61

Firstly, your solicitor is correct in that if you accept the amount on offer and you then sign a full and final settlement, then your case is closed and you have no further claim against the third party should your injuries be ongoing.

Many legal expenses appointed solicitors will try and settle as quickly as possible as you are simply a number on their conveyor belt and they wannt you off their books.

As a rule of thumb, the quicker your claim is settled, the more liklihood there is of your claim being undervalued.

You are probably wise to wait until you get sent to see the independent medical expert who will prepare a report with a prognosis, and it is that report which will give your solicitor a better idea of what your claim is actually worth.

If your injury was sustained in October, and 12 months later you are stil experiencing difficulties, then it will be worth substantially more than Â?2,200.

It is also estimated that approximately 12 months after the injury was sustained, you wiill have a better idea of how well you have recovered or whether there is likely to be any ongoing problems.  At this stage, it is totally unknown.

If you have already started the claim process, (whilst the money would probably be quite nice right now), don't short change yourself, and as someone who works in personal njury law, I would recommend that you wait until you have at least seen the independent medical expert before deciding whether to settle or not.

If you choose to have physio and you are required to pay for it, then this will be seen as mitigating your losses and you can claim these costs back as you are making a genuine effort to return back to full fitness.

Just make sure you keep receipts.

IIt willl also help you make up your mind whether you are likely to suffer any ongoing problems.

Hope this has been of some help to you.

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#3 2011-01-13 12:34:30
titch1

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2011-01-12

Posts: 2

I have seen an independent medical expert he was the one that said in his opinion 9 month for my back 6 months for hand to get better.
I'm going to see what physio says then decide .

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#4 2011-02-08 13:41:17
louise

Guest

hi there iam in the same boat as you in december 09 someone rear ended me and since then ive has 2 medical reports the first said i would be okai within a year ,which i wasnt had another medical 2 weeks ago and he nows says i will be okai within 2 years ,i have had 2 lots of physio and now have t o go for another session ,my lawyer suggests i go for this and see how iam he said the doctor got it wrong the first time ,but it would mean i have to wait to about december to see if im going to be any better ,its frustrating but im not going to settle if im still not okai after this round of physio ,

#5 2011-03-02 20:33:36
Injurylawyersuk

Member

Registered:

2011-01-25

Posts: 87

Hi All

You both present with similar cases which are quiet frequent.  Louise you are being very sensible.  What you have to think is what would have happened if you settled your claim after the first 12 months!!! you would have been considerable under compensated.

Whilst a lot of claimants see making a claim as just getting a fast buck truely this is not the reason for doing so.  If your injuries continue as they are you could be looking towards a permanent problem which brings into play all sorts of issues:

Will it get worse
Will I suffer future problems which will prevent me from working
Will I need some kind of carer assistance in my older age if the symptoms continue.

All of these issues are what should be considered now that your injuries have not substantially subsided.  Please make sure you consider all of these at your next medical appointment.  IF indeed you are able to ask your solicitors to appoint a more senior expert and one with a specific interest in the area of your injuries.  This will provide a fresh set of eyes on your porgnsis and also put you in a better position when it comes to relying on his evidence.  You would not wish to rely on someone who got it wrong twice in the past would you??  Neither would the defendants I can assure you so get in first with a fresh one if you can persuade your solicitors to do so.

I wish you luck.

Regards
Matthew Waterfield
INJURY LAWYERS UK LTD
www.freeinjuryclaim.com

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#6 2011-03-07 22:44:02
Tracey

Guest

I am about to go for an assessment tomorrow. I was hit from behind 5 weeks ago. I sufferred whiplash and a suspected broken collar-bone, this turned out to be severe bruising. I have had problems with the shoulder, my neck is still painful and without full range of movement. My back has also been very painful through all of the muscles right down to my hips. I have had some physio sessions already, he has been focussing on loosening my verterbae but has only got as far as the base of my neck, it is too painful for him to go any further at present. My situation is also complicated by a metal implant in my hip. This has been very painful since the accident, I see my orthapeadic consultant at the end of the month to check this fully. Not many docs understand the op that I had so cannot really tell much from my x-rays. The solicitors appointed said they would request a specialist orthapeadic doctor to do my  medical, yet it appears I have been given an appointment with a general injusy claim doctor. My biggest concern is that my implant has been moved and will result in me requiring a full conventional replacement. Is this still covered does anyone know, as it has exagerated an existing condition? It isn't about the money, I will be devastated if I have to have this op. I have managed my condition over the last 5 years and had just got to a point, that all be it with the help of meds, I was in control of it rather than my condition controlling me.
Any advice gratefully received

#7 2011-03-13 11:40:21
Injurylawyersuk

Member

Registered:

2011-01-25

Posts: 87

Tracy

First of all sorry to hear about your accident and also my late response to this post.

You sound like you are having a bit of a rough time with your injuries and you are right to be concerned that you are being correctly represented.  I am sure that your solicitors are working hard to ensure that your injuries are considered appropriately.  However depending on the level of the solicitor dealing with your claim you need to ensure that you monitor this closely.

A few words of advice are below.

1.  Please establish the level of the fee earner dealing with your claim.  My opinion is that your claim could potentially be a Multi Track Claim, if you do require a full hip replacement AND this can be linked to the exacerbation of your injuries from this accident.  If your claim is being dealt with by a paralegal or someone with less than 2 years Personal Injury experience please request that your claim is transferred to a more senior fee earner.  You are within your rights to do so and this will ensure the appropriate level of consideration on your claim.

Do not let them brush you off by saying your claim is being supervised by a partner as supervision simply means if there is an issue it will be bought to the attention of the partner at that point.

2.  You ought to be seeing an orthopaedic consultant who specialises in Hip injuries and Hip replacements however this may not be feasable until first you have seen a more junior expert who will then refer you to a higher level for further investigation.  When you get your first report from the expert you recently saw please read it carefully.  If it does not reflect the injuries correctly please make a fuss about it.  Make sure everything is considered within this report.  Then ask for the matter to be placed on hold until you have seen your own treating consultant and have his further opinion.  This will then be recorded within your medical records which can be forwarded to the more qualified medico legal consultant in the future.

3.  You are entitled to private medical care if the defendants have admitted liability for your accident and in somecases even if this is not the case.  Please make sure you ask your solicitor to arrange the appropriate level of rehabilitation for you.  The use of physiotherapy and things of the like can assist your symptoms a lot.  Also you will be assessed again by another expert who may recomend a different course of action also.

I hope the above helps you a little, the main thing however is that you make sure your claim is handled by the appropriate level of fee earner.  If you require a hip replacement your compensation could run into a considerably sum and a junior fee earner may not recognise this.

Regards
Matthew Waterfield
INJURY LAWYERS UK LTD
www.freeinjuryclaim.com

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#8 2011-07-16 17:32:39
mahinder

New member

Registered:

2011-03-28

Posts: 1

Even I was in a similar sort of situation. But since I the injury was very minor I did not claim any amount. However inn case you want information about claiming a whiplash payout or the symptoms associated with it you can refer the following site about whiplash payout  www . whiplashpayout.net . It contains some past experiences about the claims as well and can be helpful at times.

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#9 2012-04-25 12:51:05
Magic

Guest

Hi All

December last year I was hit by another driver who drove into back of my car. Since then I had medical due to whiplash and was told that full recovery will take around 15 months. My question is how much do think I will get as a settlement?

Thanks