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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think it's not enough?

15 replies

FairyF1 · 26/06/2019 22:21

My elderly and terminally ill fathers arm was broken in December by Patient Transport when they were bringing him home from dialysis. The private ambulance company have done a review and say the injury was caused by negligence/they have admitted liability. The driver was sacked (it was a Friday night, my father is a wheelchair user and the driver didn't want to go back to the ambulance to get one so tried to transport him without one) . Fortunately the driver now has a new job. My father was unfortunately kept in hospital for nearly six months whilst the hospital and council argued over who would pay for the double handed care that was now needed (my father had a stroke in his 40s and the money from selling his house was used on his care long ago). We've had a hell of a time- my father has been in pain and stuck in a hospital bed for months. I've had to visit him every day after work (he's deaf and blind and the hospital found it challenging to communicate and care for him). Fortunately he's now home but I've spent the last three weeks on his sofa providing night care so am not thinking very straight.

Today his solicitor said the private ambulance company have offered him £1,000 compensation. I think this is a joke as travelling to and from the hospital for nearly six months has cost much more than this. The company has a multi million pound contract with the trust to provide this service. I do know I am tired and we literally don't have a penny now. Am I being unreasonable to think he should be offered more or should we accept is at its better than Nothing?

OP posts:
wonderingsoul · 26/06/2019 22:24

I think you need to get all the receipts you can. Or prove if extra money spent write the extra agro down then put on compensation for the agro on top.

1000 is nothing

Aquamarine1029 · 26/06/2019 22:26

The solicitor is taking the piss. They must be joking.

Outnotdown · 26/06/2019 22:29

That is outrageous. Tell his solicitor to do his job and get decent compensation Flowers for you

VivienneHolt · 26/06/2019 22:30

That’s absurdly low. The injury alone is worth several times that; let alone your expenses. Did your solicitor advise you to accept the offer? If so I would seriously consider ditching them. For an injury like this where liability is admitted you shouldn’t be accepting less than £8k for the injury and then actual expenses on top imo.

RubberTreePlant · 26/06/2019 22:43

Go to court.

FairyF1 · 26/06/2019 22:45

Thank you so much for the replies. My fathers solicitor advised us to accept the offer. They said that whilst the ambulance company have clearly admitted liability and the hospital apologised in writing for his treatment it will take time to get an independent medical expert to produce a report on the impact of the broken arm and given he is so ill the solicitor thought we would be better to accept something than nothing. As my father is terminally ill timing is an issue (I had hoped he would receive some sort of acknowledgement) but to be honest it feels like a bit of a smack in the face. I know it’s a significant sum but compared to what we’ve been through, the pain, costs and keeping my dad in hospital for so long it feels like very little. I think I may ask if someone else in the practice can review the advice? I don’t want to appear pushy but to be honest I did cry when told the amount. It made me feel like they were saying his life/quality of life isn’t worth a lot? Does that make sense?

OP posts:
KateWrong · 26/06/2019 22:45

This is shocking. I am so sorry for what you and your father have been through Flowers

Yesicancancan · 26/06/2019 22:45

Go to court, what an insult.

VivienneHolt · 26/06/2019 22:52

OP, that honestly is not a significant sum. I dealt with a case where someone was tipped out of a wheelchair and sprained their wrist and that settled for £14,500. One grand is a ridiculous joke, it will have been made in the full expectation that you would refuse it. Definitely get someone more senior in the firm to look at the case.

LadyMacbethWasMisunderstood · 26/06/2019 22:53

It’s not enough.

There is guidance for awards for personal injury (you can google it). Even simple forearm fractures with good recovery start at £5,000 compensation.

On top of the award for pain and suffering your father will be entitled to claim for expenses directly related to his injury. You will need to be able to prove a direct relationship between the injury and the loss claimed.

It seems as though the very least you should be looking for is £5,000. Possibly a good deal more dependent on the exact injury, his prognosis and what direct losses you can prove.

If his solicitor is any good she/he will know all this and advise you accordingly.

SandyY2K · 26/06/2019 22:55

It's not nearly enough. Damn insult tbh.

chitofftheshovel · 26/06/2019 22:57

They have offered peanuts. That is a total smack in the face for everything your father has suffered, and subsequently what you have had to endure.
To liken it to a position I've been in my partner had a work related accident. The offer on the table includes £10,000 for care alone. This probably still falls short but is in the right direction.
You must be shattered. And worried. Take time to look after yourself as well.
£1000 really is peanuts.

LadyMacbethWasMisunderstood · 26/06/2019 23:00

I see you have been advised to accept the award. That seems very odd. Do a bit of research and ask your solicitor to explain why they are advising so low a settlement. Let them know you know what typical awards are. Ask for someone more senior to look at it. Everyone expects you to get a medical report in a PI claim. It’s not difficult.

That said - without wanting to be too insensitive - the only reason I can think of for advising settlement at so low a figure is if your dad’s time is very limited indeed and it would ease things in the very immediate future.

KarmaStar · 26/06/2019 23:00

I am so very sorry that this has happened to your dad and yourself.
Can you get some legal aid of assistance from the citizen's advice bureau?
Absolutely an awful of them to offer this small amount.
Stick it out to the end ,you're both entitled to it.
Wish I was a lawyer if fight your case for free.
The very best of luck.🌼🌺🌼🌺🌼🌺🎆

KarmaStar · 26/06/2019 23:02

I meant by sticking it out to the end,fight them in court,sorry for any misunderstanding x

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