Car crash, Whiplash and Sacroilliac joint injury

#1 2011-03-02 10:54:15
naafi

New member

Registered:

2011-03-02

Posts: 8

Car crash, Whiplash and Sacroilliac joint injury

Hi,
I am new to this forum but am hoping some one out there may be able to give me proper advise.

I was a passenger in the front seat of my own car last November, while waiting to pull on to a roundabout a car hit us from behind.
The other party have admitted they are liable.

No assessment or idea or compensation I might receive has been given to me. I assume that the 2 injury are separate injury's.


My question is,
I never hear much from my solicitors, I have legal cover with my insurance.
I ask for updates and never get them, I have no idea from one week to the next what is happening.
They say they are using the fast track system.

I was sent for a medical 2 weeks ago.
It was in a local office, not a health center or any thing.
I was asked a few questions, about things like was I wearing a seat belt, did I continue with my journey, did I go to casualty, some of the questions were silly.

The medical consisted of being asked if I could touch my toes?
No was the obvious outcome.could only bend so far over.

Asked to attempt to turn my head, up, down, left right etc.
Could not do any of it.

That was it!!!!

The doctor said I needed another 8 weeks worth of physio at least and then I would be fine.
He also said I had an inflamed Sacroiliac joint.

I had an assessment for Physio and 3 sessions of physio after the accident solicitors arranged it.
The physio I saw then,  told me that he could do no more for me, He said I had regained as much movement in my head etc as was possible. He said he would be sending a report to the solicitors  and that in his opinion I had mild to moderate damage. So I do not understand what is going on.

The medical was in my opinion a waste of time, That is not a proper medical as far as I am concerned.

I have constant headaches and neck pain now, my arms and shoulders ache. I get very bad dizzy spells, I can not sit for long as the pain in the bottom of my back gets a lot worse until I feel like screaming. ( apparently this is due to the sacroiliac joint.)
I take pain relief all the time.

I know this all sounds very confusing but am no good at writing.

What should I expect in compensation.
Should the medical have been more thorough
.

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#2 2011-03-02 13:34:39
T.C

Guest

Firstly, you are on what is called the fast track system which is nothing to worry about from your point of view, it is simply a legal procedure that solicitors and insurers follow in lesser value claims, usually up to around the Â?10,000 mark.

However, if the third party denies liability or the claim is assessed as being worth more, then it will be transferred to what is called Multi track, again just a sllight difference in prcedure and nothing for you to worry about.

Your solicitor really should give you regular updates, but sometimes regular can mean every 2 or 3 months dependant on the type of case, however there is no excuse for not returning your calls or emails, and unfortunately the treatment you have experienced is symptomatic of using legal expenses appointed law firms, you are just a number on their conveyor belt.

The independent medical examination tends to be quite simple, or at least appear quite simple, but the quality of expert is dependant on who has been instructed and there are some who are better than others.

Where the examination takes place is imaterial by and large.  Sometimes they may take place at a private clinic, a hospital or a local health centre, it all depends on who had been instructed, so do not read anything into where the examination was carried out.

If you were the only person injured, then regardless of how many injuries you sustained, it is dealt with as one case.

The compensation for your actual injuries and pain and suffering is called General Damages, and then for your out of pocket expenses and other losses, these are called Special Damages and the two are then added together.  This is a simple explanation although in reality it is a bit more complicated.

If after receiving treatment, your symptoms are still ongoing, then keep a diary of problems you experience so that a chronological order of events are maintained and it can be shown that even after the time period expressed by the expert you still have ongoing problems.

Given that your injuries were sustained in November, don't expect a settlement for possibly another 12 months at the earliest.

Given your ongoing problems, if your claim is settled too quickly, it usually means that it has been undervalued and the other side will rub their hands with glee.

Their may be a requirement for a further medical, so that a long term prognosis can be made and this will affect the level of compensation you can expect to receive.

Normally for minor injuries, settlement is around 12 - 18 months, for more serious injuries, 18 - 24 months and in serious cases, 36+ months.

As to how much your case is worth, only your solicitor can answer this as he has access to your medical records and file notes.  It can be anything from Â?1,000 t over Â?10,000 depending on the severity.

If you are unhappy with your current solicitor, tell your legal expenses insurer as such ands either they will arrange for another firm to take over your case, or you can go to another firm of your choice and get representation under a Conditional Fee Agreement (no win no fee).

I would advise against a claims management firm as many of the compalints in road crash cases relate to the way claims management firms sell on their cases.

#3 2011-03-02 14:07:16
naafi

New member

Registered:

2011-03-02

Posts: 8

Thank you for all of that.

I have rung them and have been told that if they have the medical logo report now then they will be putting a value to my claim and sending it the other side.

What should happen then please?

I also have a letter dated 21  December from them which states,
" we are pleased to advise you that the third party insurers have admitted liability for the accident.
It is now a matter of agreeing the amount of your claim with them"

I assume from that, that they are responsible and just want to agree a figure then. Am I right?

If this is the case what sort of time scale would it usually take?

Normally when i phone them I just get an answer machine, I leave a message and hear no more.
If I email them it is no better.

I wish I had of used a local solicitor now, but I did feel as if I had no choice when the accident was reported to them, if you know what I mean, they seemed to take over.

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#4 2011-03-02 19:24:11
Injurylawyersuk

Member

Registered:

2011-01-25

Posts: 87

Hi Naffi

I have read your posts above and would agree with everything said so far.  HOWEVER be careful you seem all too keen to settle your claim and it may not be in your best interest to at the present time.

Yes an admission of liability normally means you will be paid out compensation providing causation can be proven which is the purpose of the medical report.  It will say that in the opinion of the expert the symptoms you are now sufferring are as a result of the accident.

Beware of jumping the gun for a little bit of money in the bank now!  If you truely are still sufferring as you say my advice would be wait, go for more physio as recommended your solicitors ought to give you two options now.

1) Compromise your claim now with Physio being paid to you as part of your damages or to the physiotherapist directly and assume that this will releive your pain and suffering and you will fully recover from your injuries at that point.  This is your choice if you need the money quickly then take the settlement BUT be careful you cant go back later and ask for more if the injuries/symptoms get worse.

2) Ask for your claim to be put on hold for a while, have physio arranged as per the experts advice, go and complete the course of physio.  If this does not resolve your problems which seems may be the case then ask for a further medical appointment with the expert and explain the same.  If he confirms that you are still sufferring it may be that you will continue to do so indefinately which could mean your compensation could be significantly higher than if you just settle now.

Other things to consider is how the injuries are affecting your work, if you dont recover soon will these start to cause you loss of earnings? will it mean you will have to change jobs?  all of these things are what you should be considering now, not how quickly your solicitors should be settling your claim.

On the converse of course if your symptoms are minor and not intrusive in any way you may wish to proceed to settlement.  The problem with Legal Expenses solicitors is that you are simply on a conveyor belt as mentioned above.  Its upto you to make sure you get taken off and treated as an individual claim.  Make sure if your claim is being handled by a paralegal you try and insist on the file being transferred to someone more senior.

A word of warning always be polite and courteous to your solicitors no matter how much they frustrate you, they are there to work on your behalf if you upset them by being rude they may not give you the priority you deserve. Plus they are just doing their job too!

Hope this helps.  Good luck.  Any further questions post them here and we will all try and help you further, ultimately however you MUST rely solely on the advice of your appointed solicitors.

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

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#5 2011-03-05 12:10:30
naafi

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2011-03-02

Posts: 8

Thank you for your help.

I am not in any hurry to settle my claim, but just wish they would tell me more. Keep me informed at every step of the way.
As I do not work I can not claim for loss of earnings. I am just a housewife and grandmother.:-)
I was sent a form of some description last December which they had filled in, requesting an interim payment from the other side. Don't know what ever happened to that? Never heard any more about it.
So I am not impressed by them.

I am so glad that I can come on these forums and get advice and am very grateful to every one on here.

I will keep you updated with any new developments .

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#6 2011-03-13 11:49:33
Injurylawyersuk

Member

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2011-01-25

Posts: 87

Hi Naafi

You're welcome.  I would not worry about an interim payment these are generally only for larger claims with loss of earnings and things of the like.  Interim payments are only payable on out of pocket expenses.  ie. things like past loss of earnings, future loss of earnings etc so as you have not sufferred any of these no interim payment will be possible.

I am sure your solicitors are doing all they can, however you are right to be cautious and ensure that this is the case as after all it is your claim and you were injured.

Take care if there is anything else do post it and we will see how we can help.  My advice is always however be guided by your own solicitors as they know the full extent of your claim.  We are here for a little pointer in the right direction but any advice is really just general and blindsighted in that we dont know what exactly is the case.

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

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#7 2011-03-23 16:45:23
naafi

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2011-03-02

Posts: 8

Just chased up on my case, seems they have still not received the medical report from the experts.
Seems to be taking a long time to get to them as it is now 5 weeks since my medical.
So at a standstill until it arrives.

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#8 2011-03-23 17:57:28
Injurylawyersuk

Member

Registered:

2011-01-25

Posts: 87

Naafi

Thats fine 5 weeks is about right most medical agnecies say between 2-4 weeks for the report.  It may be that your expert is a little busy or you have caught him during his/her holiday season.  I am sure it is diarised by both your solicitors and the medical report agency used so will be chased regularly.

Again be paitient and anything else we can help with let us know.

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

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#9 2011-04-05 11:27:32
naafi

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Registered:

2011-03-02

Posts: 8

Spoke to my legal team the week before last and was told that I would receive a copy of the medical report and the value of the claim by last week.
It never arrived. I spoke to them yesterday and they said they had not even looked at it yet and that the person dealing with it was leaving that day.
So no further forward.
I am seeing my GP this week with a view to asking to see an orthopedic consultant as I am suffering increasing head and neck pain and my back is now grinding badly on certain movements.I was not aware of having any back problems before the accident so this makes no sense. If there was any signs of arthritis or any thing there,  the accident has greatly exasperated it. If I lean over the bath to wash my long hair, this is the way I have always washed my hair, I get stuck! struggle to get upright again.  I am taking painkillers.
I have told them that the first physio they sent me to said that no more could be done for me and that he was going to send them a copy of his report.
They say they will not be using that only the medical logo. That again makes no sense to me. surely his opinion counts for some thing, they sent me to him!!

Another thing I find strange and is probably normal but  I have no idea who the other sides solicitors are. I know nothing.

I am tempted to contact another firm of solicitors locally now and ask if they can take over the case. I know them and feel that I may get more answers and a better service. Be kept better informed.
I do not know if this is allowed but I am not impressed by the Co-Op legal services so far.
Also I was told that as a member of the Co -Op their services were free win or loose. Not sure what that actually means. Does that mean if I pull them out that I will have a fat bill?

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#10 2011-04-13 10:02:27
naafi

New member

Registered:

2011-03-02

Posts: 8

Had an letter from my legal team telling me that they have valued my claim at between Â?1950 & Â?2250.
I did manage to speak to them on Friday after many calls and eventually getting some one. before this came and explained that I have been examined by my GP and it turns out that I have a pre existing condition which I never knew about. I have degenerative bone disease.
My GP explained that the accident will have exuberated or (made a lot worse) the condition. I probably would not have know I had it for a few years yet.
I told them this and they said that they found this hard to believe. I explained that I had been told that I would probably have to have an MRI and that it has been suggested that I may have to go on to have epidural pain relief. I have been put on stronger pain relief for now.
They seemed to be calling me a liar!!
They told me that the medical report said I should be back to normal by August.
They also informed me that they had lost the form which contained my out of pocket expenses, and could I explain what the traveling expenses were for.
I was told by my doctor that  physio would not help me but they dismissed that as well.

I spoke to another solicitor but was told to make a formal complaint and that they could not take the case over.

My legal team have arranged 6 more sessions of physio even though I have told them I do not want it arranged by them and that it will not help me. I did request that I chose my own physio  but this was dismissed.

I am so angry with them that I have told them I will take what they suggest. But I feel it is a far cry from what I should be receiving. They do not seem to see it that way.

I feel now that it is my legal people who I should be suing, they are a total waste of space.
They never answer emails, they do not answer the telephone, answer machine is always on. Can take many calls before eventually some one might pick up.

Some opinions on what I should do for the best would be great. I have never been in this situation before. What good would complaining do me?

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#11 2011-04-19 14:52:40
naafi

New member

Registered:

2011-03-02

Posts: 8

My legal team have passed my case now to a proper qualified solicitor.
AT LAST!!!

She was very helpful and nice. She has suggested that I have the medical report reviewed by the medical logo because of what I have told her. She said they will now get my medical records and then re-value my claim accordingly. She has advised me not to worry about the extra physio for now and to wait untill they have my records and a review of the medical report. She said they may then send me to an orthopedic consultant for a prognosis.
She does not seen to be making me wait untill mid August which is when the first medical report said I would be better by.
So I hope this is good news at last.

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#12 2011-06-11 10:31:08
marrie11

Member

Registered:

2011-06-11

Posts: 16

I feel now that it is my legal people who I should be suing, they are a total waste of space.
They never answer emails, they do not answer the telephone, answer machine is always on. Can take many calls before eventually some one might pick up.

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#13 2011-07-17 01:17:15
Liza

Guest

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#14 2011-07-17 11:07:41
Tracy

Guest

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#15 2011-07-17 13:23:59
Pokey

Guest

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#16 2011-07-18 14:05:28
Jetson

Guest

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#17 2011-07-18 15:05:00
Laneta

Guest

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#18 2011-07-18 16:20:21
Espn

Guest

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#19 2011-07-18 17:34:45
Daveigh

Guest

Haha, shouldn't you be chargnig for that kind of knowledge?!

#20 2011-11-03 15:50:29
Frankatnmips

Member

Registered:

2011-11-03

Posts: 26

Hi

You have a claim for personal injury.

For free and friendly advice call Frank on 0800 023 2551.

Regards

Osman Awan LLB (Hons)

N.B. We can pre-value your claim too - based on previous cases. Call us now.

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