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| Dischord |
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Dischord
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 Posted: 15:27 - 05 Aug 2008  Post subject: Case going to court, anyone with experience?? UPDT 30/12/08 |
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Long story short I crashed my bike 3 years ago and now I've had a letter of my solicitor saying she's starting court proceedings.
Now I've even been given figures even though they are a 'little' vague -
'the claimant expects to recover -
more than 15,000 but limited to 50,000 for the claim'
Basically just after anyone with experience on how these things work or if you've been there yourself! I will be booking an appointment with my solicitor also.
It says the defendant hasn't admitted liabilty.
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Last edited by Dischord on 17:47 - 30 Dec 2008; edited 2 times in total |
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sickpup
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Dischord
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| Posted: 16:03 - 05 Aug 2008 Post subject: |
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what do you mean 'doesn't need to be overseen by a high court'?  will it be dealt with on my behalf kinda thing? and thanks for the tip, just curious but why do you recommend I attend the hearings?
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| yambabe |
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yambabe
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| Posted: 17:13 - 05 Aug 2008 Post subject: |
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Can you be a bit less vague?
Did you crash into someone else and they are claiming off you, or are you claiming off someone else?
Whose fault was the crash?
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| Mrs Kickstart |
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Mrs Kickstart
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| Posted: 20:13 - 05 Aug 2008 Post subject: |
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Hi
Its best to attend and keep abreast of what is happening the solictors is acting for you but sometime can need a kick up the arse. You can ensure that every thing thats needs to be said is said.
Different courts can deal with different matters and amounts so by limiting the claim it keeps it out of a the high court and it will be dealt with by the county court.
Regards
Charlotte
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| Dischord |
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Dischord
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| Posted: 20:31 - 05 Aug 2008 Post subject: |
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I'm making a claim against the defendant after he pulled out of a junction and I crashed into the side of his van. Things have always been in my favor in my eyes however he hasn't admitted liability.
I broke my femur and some other smaller injuries.
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| Clanger |
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Clanger
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Posted: 15:17 - 09 Aug 2008  Post subject: |
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Go and see your solicitor and ask them to tell you in laymans terms what it all means. It might help your case if you actually turn up to the hearings.
My case went to court, I had a barrister, my solicitor and myself present, the other party did not admit liability and only a spokesperson from his insurance company turned out...it didn't go down well with the court, and they awarded me more than we originally asked for!!! 
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Dischord
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| Posted: 17:38 - 30 Dec 2008 Post subject: |
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Just been offered 30,000 by the other sides insurance as an out of court settlement.
My solicitor advises I reject the offer until I've had surgery to remove the rod from my right femur and then they can give a prognosis for the future.
The only thing is if I reject this offer and the case goes to court I could end up with less than the current offer. Anyone been in a similar situation? I doubt my solicitor would advise I reject the offer if she thought there was a chance this would happen, still a worry though!
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| mad4it028 |
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mad4it028
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AC
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strag
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BBCTom
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Posted: 20:00 - 03 Jan 2009  Post subject: |
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| mad4it028 wrote: |
the solicitors earn more money the longer it takes not by how much you get so yes they might well tell you to turn it down even if it means you getting less as said longer it takes more they earn!! |
Not strictly true. Once a case goes to court, the costs recovered by the solicitors are what are called predictive costs (before litigation their costs are fixed costs), basically meaning, the solicitors will get more money the more recorded time is on there - meaning its based on the work carried out and recorded time spent, its difficult to explain but its not how long they have the case, its how much work they do on it, and taking it to court doesn't entail all that much more work. The Judge still decides on how much the Solicitors get if it goes to court, and if it goes to court and you win they will get a 100% success fee meaning whatever compensation you get, they will get exactly that amount on top of their costs, if it didn't go to court they would receive 12.5% of your overall compensation on top of their costs (not deducted from your compensation but claimed directly from the third party insurers if you have gone with a No Win No Fee Solicitor like ourselves).
Also, your Solicitors are now obliged to issue court proceedings as the 3 year limitation is up or coming to an end, meaning if they didn't and they let the limitation date pass by, you will get nothing as you are out of time to claim. (You have 3 years to claim for road traffic accidents, and other personal injury claims, if the 3 years are coming to an end, and no decisions have been made in regards to liability, then court proceedings have to be issued).
Solicitors work off what is called the JSB Guidelines, (Judicial Studies Board) as do the courts, to value claims.
In your instance for a knee injury see below:
Knee Injuries
Severe
£14,750 -
£52,500
Moderate (Up to)
£14,750
They then have to take into acount how long you have suffered, what treatment you have received and what treatment you are likely to receive in the future, and also what other injuries you have sustained. As you haven't finished the treatment, it wouldn't be in your best interests, or that of the Solicitors, to settle. If you do settle and you're still suffering in a year or so, and you had been advised to settle from your solicitor, then you would have a case against them for wrongly advising you.
They are also not going to put you in a position whereby they think you will get less in court, as if the offer is what is called a 'Part 36 Offer' which I assume it is, and you get awarded less than what has been offered, you are technically liable for the other sides costs - I am sure your solicitors have taken out an indeminity insurance policy to cover you for such events like we do for all our clients. (Just so you know, the Courts will not know how much you have been offered, they will take your case on its own merits).
Judging from what the JSB Guideline say and that your accident was 3 years ago, I believe they are correct in advising you to reject. The £30,000 will encompass your total losses not just your injuries, so you have to consider what they are actually offering you for your injuries alone, not knowing what your losses are its difficult to say what this is. You should know what other losses you are recovering so try working it out that way. For example, if your other losses amount to £10,000 you're only being offered £20,000 for you injuries which wouldn't be a fair assessment.
So believe me when I say that your Solicitors have your best interests in mind, its not worth the rath of the Solicitors Regulation Authority to advise you to reject if they believe you have been offered a fair amount. Do you know if your Solicitors are taking it to court for the decision on liability only or also for quantum (compensation). Just for your info, an offer is not an admission of liability, its just the way insurers get rid of work, so there still isn't an admission unless that is stated within that offer.
Sorry for the waffle, just thought I could be a bit of help, if you need any more advice, please get in touch.
Hope it all works out for you.
Tom 
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Old Thread Alert!
The last post was made 17 years, 60 days ago. Instead of replying here, would creating a new thread be more useful? |
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