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| Jadc |
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Jadc
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T.C
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 Posted: 22:07 - 13 Mar 2008  Post subject: Re: Had My Medical... |
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| Jadc wrote: | Hey guys
as some of you may know i had a motorbike accident on my honda xr 125 on the 13th of december last year , i was riding about 35mph on a mainroad and this car pulled out to my left at the last second and had no choice to hit him, im ok kind of he wrote my bike off ...fuc*er lol. he admitted everything that it was his thought the police came and an ambulance took me to hospital.
after couple of days i went with this compensation company called QDOS and they have been dealing my case for the 4months now.
i had my medical finally this monday just gone and the doctor checked me over my injuries and asked a series of questions.
he has basically wrote down my injuries which are knee , neck and lower back and also i've mentioned its messed me up mentally abit by i still get scared of getting a vehicle especially side turnings. so he sending me counseling and also physio for my injuries.
he will be sending his report to my solicitors and they will passing it on to the guys insurers for a settlement so im basically waiting on how much ill be getting roughly at least any idea's?
thank you very much! |
The value of your claim in legal terms is called quantum, and how much you get are dependant on a whole number of factors, severity of injury, long term prognosis, pain and suffering and so on.
What will probably devalue your claim is that you have been sent for your medical so soon after the crash.
Normally, it is reckoned that if you have a medical less than 12 months after the initial crash (depending on severity) you are looking at losing around 50% of the value of your claim.
Why? The chances are your injuries have not yet settled down, there may be other underlying issues which may not yet have developed, and the other side will be rubbing their hands with glee at the opportunity to settle early.
I don't think we have ever sent a client to their medical in less than 12 months for that very reason.
Every injury has a value which is laid down by the Judicial Services Review Board, and the values must be complied with by law firms, the courts and insurance companies. For each injury there is an upper, middle and lower limit on top of which there is an award for pain and suffering, inconvenience and out of pocket expenses.
Until the results of the medical report are through and without seeing your case notes, the only people who can even start to consider a figure are your legal representatives, and based on what you have already said, don't hold out for too higher a figure.
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| tutton |
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tutton
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T.C
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Posted: 22:53 - 13 Mar 2008  Post subject: |
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| tutton wrote: | * Sorry for minihijack although its related
the one advert on tv when the lady slips over on wet floor in work, and gets around 5,600 pounds surely, you'd get a bomb from a car crash? |
The maximum amount of compensation that anyone can ever get is at the moment about £275,000 for a severe brain injury or someone suffers tetra or paraplegia.
The smallest amount is £600 for a badly broken tooth, and by badly broken, I am talking well mashed with complications.
When you hear of someone being awarded multi million pound settlements, they will have received the maximum award, the rest is made up of the cost of looking after that individual until they reach age 65 which is when most people retire.
It will allow for (and these are only examples because no two cases are the same) the purchase of a specially adapted house, a full time carer, special transport needs and so on.
When awarded large amounts, the money will be put into a trust so that it can develop interest and provide for the individual after they reach retirement age assuming they live that long, and the trust is administered by professional people, not the families who are just as likely to squander the cash.
It has been worked out that if a brain injury at birth case is awarded £5 million at age 18 (which is the age that most of these cases are settled), and assuming that the individual lived to the age of 65, the cash awarded would actually run out by the time they were 55 if it was not in a trust.
The slip and trip case you mention may well be worthy of the amount shown, but as I have already mentioned it very much depends on the prognosis of the independent medical examination, and any case that is sent to medical in under 12 months is likely to lose about 50% of their true valuation!
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| kawakid |
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kawakid
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| Posted: 23:24 - 13 Mar 2008 Post subject: |
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Its funny how we've changed.
Going back to 94, I was in a head on car crash, (we were stationary) and hit by another car.
Our car was knocked back about 40 yards in to a wall and halved in size. The engine came through in to the front seat. Glass and blood everywhere, I was trapped in the back with my mate who was screaming he couldn't see.
The fire brigade cut us out and I woke in hospital luckily just cuts and severe bruising, (couldn't get out of bed by myself etc), my mate ended up on crutches.
It also cost me my HND to degree conversion year, with time off and my new view on life , that hey i'm alive and couldn't give a toss.
How much did I claim, did we claim. Nothing not one penny. The Garda (irish police) at the time told us to see a solicitor. We didn't bother, didn't think it was right. It seemed american and not the done thing. I was english, my mate french (bretagne) and he had the same view.
Our justice was the guy went down.
Its amazing how much we have changed as a society.
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tutton
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ms51ves3
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hmmmnz
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Posted: 11:13 - 15 Mar 2008  Post subject: |
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i have to agree , now im sure your more the right to claim for damages,
but where i come from if you tryed to claim against some one you would get laughed out of court.
shit happens, some times very bad shit, but i still dont think any one should be able to claim for slipping over or having a crash ect.
but in saying that, in nz if you get injured the government pays your wages while you are off, so there is no need to claim against any one,
as for mental anguish. fuck, life is just one big mind fuck,
this whole suing culture is just friggin dumb,
just my opinion of course 
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Madmanx
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County
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ms51ves3
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| Jadc |
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Jadc
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T.C
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| Posted: 18:08 - 15 Mar 2008 Post subject: |
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| Jadc wrote: | well i can hope for the best and let you guys know how much roughly cos april they will let me know how much roughly....so should i except the first offer or the second or should i ask my solicitors on what they think i should do ? im totally new to this i need to get another bike out of my claim n my a2 test so hope for the best.....you get About £3000 for a simple bash up the ass from another car.. |
In respect of your injuries, there is no such thing as a first, second or third offer. The third party will make an offer and it will either be acceptable or it won't and if your solicitors are on the ball the chances are that they will have made what is called a part 36 offer ( a written confirmation to the other side of what is considered an acceptable award) which must be responded to in a set period of time.
If the part 36 is not accepted, your solicitor will try and negotiate a settlement, if this fails then proceedings will be issued and it will go to court and the Judge will decide on the settlement.
Most third party claims are usually settled before it gets that far however as the costs rise substantially and the third party will be liable for those costs which they want to avoid if they possibly can.
Once the offer is made from the other side, it cannot be accepted without your say so and your solicitors are obliged to tell you of that offer, but they must also tell you whether they deem it a suitable or acceptable figure. If you decide not to accept their advice, then they are within their rights to drop your case and let you go alone in just the same way as you are entitled to change solicitors at no cost to yourself once proceedings have been issued.
As far as the bike is concerned, if it is a total loss, then you need to provide your solicitor with a figure that is acceptable to you, and if you can substantiate your figure by producing adverts or something that shows your figure is not unreasonable, then they should fight your corner. Bear in mind that you are entitled to be compensated so that you can replace like for like withut being out of pocket, but you cannot claim more just because you want something flashier or more expensive.
| Quote: | That's part of life. How does money fix an inconvenience? It doesn't. You can't go back in time. It becomes part of your history and I can't see why a few thousand pounds makes everything better. |
Believe it or believe it not we have the lowest claim rate of any country in the world, with something like only 1% of all injuries being claimed for where negligence or blame is attributed, whereas in countries such as the USA the figure is somewhere around the 60% mark.
That having been said, anyone who is injured through no fault of their own is entitled to be compensated for their suffering, pain, inconvenience and loss and is a fundemental principle of our society.
So if someone chooses not to claim, then that is their right and entitlement, but if someone is negligent or at fault for causing injury to another why should they be allowed to just get away with it without some concequences, it would open up an even bigger and may I suggest more dangerous can of worms than we currently have?
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Kickstart
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tutton
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| Posted: 19:43 - 15 Mar 2008 Post subject: |
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Financial suffering could be anything
from petrol for your mums car, to having to take the bus for 9 months due to your now "broken leg" or whatever.
Also i dont think many companies would pay you 9 months sick pay 
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Madmanx
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| Posted: 20:57 - 15 Mar 2008 Post subject: |
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Nothing can replace anguish,suffering or inconvenience but at the end of the day all they can offer is a sum to try and recompence.
Shit happens!
All you can do is try and lighten your spirits get on with the future and spend their dosh on something you've maybe always wanted but never had that kind of expendable income.
Good luck 
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Kickstart
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Jadc
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| Posted: 23:46 - 15 Mar 2008 Post subject: |
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In january i received a cheque for my honda xr 125 for £1500 which i was more than happy with as i bought the bike for that a year and half ago. for other losses like weeks of work because of the accident my solicitors are claiming that back for me and other losses such as helmet and some body gear.... really i just hope for the best of what i can get, Antony & Hodari have been really good they basically nearly keep me informed on a daily basis with phone calls or letters, the guy who is dealing with my case said they will be able to tell me how much roughly ill be looking at getting in april some time and i supose he will give me advice on taking the offer and the circumstances. T.C i really respect you for the information you have been giving me really do...be better if i could speak to you in person or on phone cos you seem the type of person who knows what they are talking about.  |
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Madmanx
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| c_dug |
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c_dug
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| Posted: 12:17 - 16 Mar 2008 Post subject: |
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Dont know how much this will help out but....
April 9th 2007 myself and a friend were hit by the same driver (we were on seperate bikes)
I wont go in to his claim as my injuries etc seem more similar to yours (i got off extremly lucky).
I claimed for a bad leg (not broken just sore around the joint) and lower neck pains (whiplash).
By september i had been awarded £1200 for my bike, not bad considering i paid £200 for it 
More to the point by the end of november i was given £1500 to compensate for injuries, i accepted the first offer on the advise of the solicitors, i hadnt even been given a medical examination.
So a total of £2700, all things considered that is a huge amount of money but in all honesty money cant do anything for injuries, my neck still hurts now and no amount of money can fix that.
c_dug
p.s. my friend was almost killed in the accident and the compensation hasn't been settled yet, the case is going to court in a few months.
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Jadc
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| Posted: 22:05 - 17 Mar 2008 Post subject: |
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well i hope your wrong cos im at least looking forward to getting £3000 so i can at least get a bike lol.....
but thanks any way bud ! been trying to get hold of my solicitors at the moment ....well the guy who is dealing with my case it keeps going straight through to answer phone which doesnt sound to good i've left him about 3 messages now and also e-mails grrrrr ! |
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tutton
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Old Thread Alert!
The last post was made 18 years, 245 days ago. Instead of replying here, would creating a new thread be more useful? |
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