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Injury Compensation Claim Going to court - advice needed!

(10 Posts)
cvchap Wed 02-Nov-16 15:59:24

I had a car accident nearly 3 years ago which wasn't my fault. My collar bone was dislocated in the accident and I had whiplash. It's a very complicated case as the dislocation wasn't diagnosed and to confuse matters I then had another accident 11 months later which has blurred the lines of who is responsible for what. Note that this accident also was not my fault.
I have been seeking compensation for my injuries, but have received dreadful service from my legal representative so I am now nearly 3 years down the line with no settlement and time ticking.
I am not very happy with the value put on the claim by my legal rep and have been offered £7.5k by the other side. I know that this is a lot of money, but it really doesn't reflect what I've been through (and my family). Nevertheless, the case looks like it's going to court because the other side have offered £0 for travel, care and treatment including physio and counselling which my legal rep has paid for up front.
I have the option to accept the £7.5k and just take the other sections of the claim to court i.e. travel, care and treatment costs. This is where I need the advice - shall I take it all to court and risk being offered less thatn £7.5 or accept the £7.5 and just take the other sections to court. How much of a risk is it that I will be offered far less than £7.5k for the personal injury.
Does anyone have any experience in taking this sort of case to court? Is there any advice that anyone can offer me based on experience/fact?
Thank you in advance! I'm feeling rather confused/under pressure with this decision.

prh47bridge Wed 02-Nov-16 16:56:24

Without knowing how serious the injuries were and whether there are any permanent effects it is impossible to say whether the offer is reasonable. If you weren't happy with the value put on the claim by your lawyer it may be that your expectations are too high.

Thisjustinno Wed 02-Nov-16 17:03:49

I think I'd be very happy with seven and a half grand for a dislocated collar bone and whiplash.

And I've had whiplash and a fractured collar bone which required surgery.

Me2017 Wed 02-Nov-16 17:33:13

Will legal costs swallow up all your £7500 if it goes to court?

Mrsmorton Wed 02-Nov-16 17:40:10

I would honestly settle for that amount. I was left with PTSD, permanent facial scarring and a 5cm leg length discrepancy after an accident that wasn't my fault and was offered about 10% more than you were. If it goes to court you could end up with nothing.

Are you in the U.K.? Why did you have to pay for your own treatment?

cvchap Thu 03-Nov-16 11:22:17

Thanks for the input.

My legal costs are covered and I didn't pay for treatment.

I guess I'm just seeking advice from someone whose personal injury wound up in court and information on how the decision went to help decide whether to gamble or not.

Sorry to hear about your injuries too. Horrible experience to go through indeed.

AnchorDownDeepBreath Thu 03-Nov-16 11:27:36

I'd take the £7.5k. It is a lot for a dislocated collar bone (I bust mine twice in accidents) and you have the added issue of disputed liability because of the second accident. Your unhappiness at your legal reps valuation may suggest you've been misled previously by what to expect? Or you're just expecting too much.

If you intend to take the £7.5k and chase further payments; be really sure that they haven't offered this without prejudice in an attempt to stop it reaching court. It would be rather unusual for you to be able to accept their offer without agreeing not to pursue further claims against them. the settlement essentially discharges any further liability.

MardyGrave Thu 03-Nov-16 11:31:14

What figure did you have in mind?

greenfolder Sun 06-Nov-16 21:04:09

The solicitors have probably over inflated the treatment costs or failed to document them. It's unlikely to go to court. They are having to issue proceedings because of the 3 year limitation period. They will still want to negotiate.

babybarrister Mon 07-Nov-16 20:47:47

There are judicial studies board guidelines as well as cases to guide lawyers and judges - have you been shown these?

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