Does this seem like a fair offer?

[AmbulanceChaser]

Name changed as this will probably end up quite outing. It may also end up long, sorry.

I have an elderly friend who was knocked over (reversed into) by an even older driver just over a year ago. My friend broke a bone and was bed bound for 2 months while it healed, followed by another 2 months or so in a orthopedic boot. Carers came in 4x a day while they were bed bound, but their spouse (who was unused to looking after themselves) deteriorated health wise rapidly and they died. Previously, this couple, despite both being in their 80s were living independently, unsupported, no care needs etc. Since then, various family members are providing in home support as the surviving spouse is not yet at the point of needing residential care but is struggling to adjust to living alone for the first time in their life. Their injury still causes pain and mobility problems so they are now walking with a zimmer frame or using a mobility scooter, rarely leave the house, reluctant to drive, scared to go to many places in case something happens again, when they had a good social life before. Daily household tasks have got much harder, making beds, cleaning etc, anything that requires standing for more than a few minutes at a time because of muscle loss and poor bone healing. The effect of 2 months in bed in their 80s is very apparent, physically and emotionally.

Police were involved and the driver initially denied having hit my friend, claimed they fell, until CCTV footage clearly showed the incident, at which point they admitted it and have surrendered their licence.

Anyway, to the main point, and where I start to feel really uncomfortable. One of the friend's children got a no win no fee lawyer involved and they will get 25% of any compensation. The driver's insurance have made an initial out of court offer, which by the time 25% is removed and my friend is reimbursed for the care fees and other associated costs, will leave them with under £10k in compensation.

They have asked my advice whether to accept or push for court (or whatever next stage might be). I am not usually one for any sort of compensation culture. However, I am not convinced the offer is enough. In part, they do not want the extra stress, in part they are so angry with how their life has changed in the last year. This is not someone wanting to be greedy only to be fairly compensated for what has happened and neither of us know if this offer is right or not.

Please don't be harsh in your answers. This is not AIBU and is a genuine dilemma that I am seeking different perspectives on so that I can discuss with my friend and help them decide what to do. Their children have said it is up to my friend.

Thank you!

I don't think it's enough no, but I'm not an expert. Any offer under 6 figures and I'd see them in court.

What you somehow need to do is to find out how much the average compensation for that type of injury is but I don't know where you would find that information.

Getting a no win-no fee lawyer wasn’t a good idea IMO as their percentage is far too much. General rule of thumb is to never accept first offer and be prepared to go to court.
However, is time against them? I don’t know how long it takes for cases to get to court? Some Citizens Advice centres have pro bono lawyers who offer their time for free so might be worth asking there?

I’m in Ireland and got €30k when I got hit by a car as a pedestrian. I did suffer minor injures and mental trauma but nothing as severe as your elderly friend. I think the insurance company offered something pathetic like €5k initially but I refused it.

In the Irish system, you don’t need to employ a lawyer as the claim is dealt with by the Injuries Resolution Board who make their recommendations to the Insurance company, so I kept 100% of the compensation.

Compensation awards are based on the injury, length of recovery, lasting damage, costs incurred and loss of earnings and/or the effect on future earnings. As the person has not lost any income from the accident that is not going to be included. You say that by the time the solicitors fees and the care costs have been removed then there's £10,000 left - how much were the care costs? Huge payouts are no longer a thing except in cases of medical negligence or where life limiting injuries were sustained and there is significant loss of earnings or need for expensive ongoing care. If your friend goes to court there is a risk that the compensation will be the same only the deductions will be higher and the stress will be far greater - a decent solicitor will make a counter claim and avoid court.

@PluckyChancer I don't think time is against them, as although there have been some other minor health concerns this year, they are 'good for age' and come from a long lived family. The other party is more of a concern, as they must be nearly 90.

I do agree that the no win no fee thing was a bad idea but I was not asked before that decision happened and the child who did it is also executor for the deceased parent's estate as well as having a full time career and family of their own, so I think felt it was the easier option.

@SleepingisanArt It was also around the £10k level, as it included various other costs which they would not have otherwise incurred (e.g. a private ambulance had to be used as NHS couldn't/wouldn't take them to some appointments and they couldn't walk at that point). These had to be paid for out of pocket. I don't have every detail.

My gut is saying they should ask for double what they have been offered and be willing to settle somewhere in the middle. Does that seem fair?