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car accident whiplash claim

(8 Posts)
seaofyou Thu 08-Nov-12 22:30:31

Hi all a very large taxi went into back of my car nearly 3 years ago. I have suffered with neck problems since the first 18 months really bad.
I have a trapped nerve from neck injury which results in numbness in fingers which is getting worse...cant peel veg, cut, sew even drive for long when the numbness sets in.

It is due to go to court and I want to accept the amount but solicitor said I should carry on. I am worried I could be awarded a lower amount if I go to court. Can this happen? Or should I follow solicitor's advice?

Terrified of going to court as suffer panic attacks and think this my main reason for wanting to settle as the thought of another 'court' case (been through 3 for ds over maintenance and Education) so kinda have PTSD effects of 'courts'.

WWYD?

Collaborate Fri 09-Nov-12 08:00:13

The choice is yours. Presumably the solicitor won't guarantee you'll get more.

However you'd have to accept that you may be selling yourself short. Do you have no confidence in your solicitor? If they're on a no win no fee retainer it's in their interest to settle early, so advising you to carry on must count for something.

seaofyou Fri 09-Nov-12 09:19:56

Thanks Collaborate for your reply.

No they are not no win no fee just solicitor through my care insurance so free.
Solicitor says between what I have been offered and double.

Also I neck injury about 20 yrs ago in same spot as now with whiplash so possibly weakness there? If they found that out from my medical records in court? Then I could risk getting much lower or nothing?

Chubfuddler Fri 09-Nov-12 09:29:39

Regardless of the fubdibg arrangement between you and your dolicitor, Your solicitor is still at risk of not recovering some of they have run up if they take it to trial and you do no better than you have been offered, so they must be very confident the current is an under value. That said if you cannot face trial it is your claim and up to you. Your solicitor is probably fearful that you could bring a negligence claim against them if you under settle on their advice.

If you were my client I'd give you a very full and firm explanation of the ramifications of settling now and if you were determined I'd take your instructions and settle.

I do this for a living btw.

Chubfuddler Fri 09-Nov-12 09:30:00

*funding

Chubfuddler Fri 09-Nov-12 09:32:11

The medical report your solicitor obtained would include a full review of your medical records, and exacerbation of pre existing injuries/conditions is compensatable. You don't get nothing if someone injures your neck just because you've injured it before. It's called causation. Your solicitor should have explained this to you.

seaofyou Thu 15-Nov-12 01:25:34

Thanks Chubfuddler.

The solicitor is advising against taking the lump sum and 2 weeks away from the 3 yrs. He says the sum is too low compared to the injury suffered.

I have no more neck pain after 2 years of lots of pain. But I have a trapped nerve form it and my dominant hand is getting worse the numbness can't use it for long even writing.

How much would a case like this pay out normally?

Solicitor is requesting to the court (have that form to sign too hear) for amount offered to double the amount.

I have less than a fortnight to decide...it is courts putting me off!

seaofyou Thu 15-Nov-12 22:00:06

I had letter today from solicitor...the other insurance has upped their offer by £250. Solicitor advises to low not to settle.

Thing is my hand is starting to get numb all the time without doing anything...it is the treatment I want to make it better too! Can I request ongoing treatment by the insurance company too at court?

Should I carry on fighting this as 3 yrs nearly up? Other ins only made annual increased offers too.

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