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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

AIBU to consider accepting an offer for a PI claim?

26 replies

gettingbacktoresearch · 17/02/2020 10:49

Hi,

Middle of January, I fell down a hole that was partially uncovered (it was 9:30 at night, dark and I was totally sober!).... after various trips to doctors and a and e etc it turns out I have an avulsion fracture of the fibula in my ankle and I start physio next week. It’s still achy and sore and my walking distance is limited....

The sub contractors have just popped around and have offered £1000 to compensate me (avoiding need for solicitors etc).....I had two days off work and worked from home for the rest of that week and have a slight limp at present if walk too much.

I’m considering accepting this but DH thinks I’m mad.

So aibu to accept this and get it over with it ainbu?

OP posts:

Iminaglasscaseofemotion · 17/02/2020 10:51

Why does you dh think it's mad to accept?

MatildaTheCat · 17/02/2020 10:53

Do not accept this. Consult a decent personal injury solicitor for advice. It won’t cost you anything.

This could bother you for years.

Motorbike311 · 17/02/2020 10:53

That's not nearly enough, tell them no and contact your solicitor.

Shoppingwithmother · 17/02/2020 10:53

£1000 is not very much - what if you’re still limping in 5 years’ time?

P1nkHeartLovesCake · 17/02/2020 10:54

You only had 2 days off work so unless you lost out on more than £1000 in wage over those 2 days why wouldn’t you take it?

You didn’t lose a limb you had a fracture so what does your DH think they should pay???

dappledsunshine · 17/02/2020 10:56

I wouldn't accept. At this stage it's too soon to know how your recovery will go and whether you will have any long term repercussions.

goldendog · 17/02/2020 10:57

Ex personal injury solicitor here.
Yes, you would be crazy to accept.
From what you have said the subcontractors are clearly liable (and know that hence making the offer).
A fractured ankle would be worth considerably more than £1,000. I would need to consult the JSB guidelines to check but from memory even an uncomplicated ankle fracture would be worth at least £3,500, probably more.

Also.....it is very early days and you don’t yet know whether there will be further complications requiring treatment/therapy (which you could get paid for privately).

I suggest you instruct a solicitor. Don’t settle for less!

WarrenNicole · 17/02/2020 10:58

Seek legal advice on the offer from a decent PI firm.

Are you or your DH members of a union? If so, union membership would entitle you to free legal advice from their solicitors.

yellowkangaroo · 17/02/2020 11:00

I know a tiny bit about this - enough to say consult a solicitor or PI legal firm, and/or negotiate that offer up. It is usual for PI claims to settle rather than go to court, to support this, lawyers are able to get a sense of what a reasonable pay out might be based on past cases and their experience. It's not just based on how many days off work but the nature of the injury. Therefore your £1000 offer might be generous or not. By all means take it if you want to avoid all hassle, but the recommended route is to take some expert advice and go from there. Check if you have legal cover with your home insurance or similar and perhaps mull it over with them first before taking any action. Let the firm know you are considering their offer in the meantime.

Oysterbabe · 17/02/2020 11:08

Your injury is worth a lot more than that. Find a decent no win no fee lawyer. They'll take 25% but you'll end up with a lot more than 1k.

Oysterbabe · 17/02/2020 11:12

For context, 1k is what you could expect if you suffered a soft tissue injury that completely resolved in about 4 weeks.

NotEverythingIsBlackandWhite · 17/02/2020 11:13

I would not accept the offer. You need to know whether you are going to experience any further problems in the future. If you accept this (low) offer you will not be able to seek further redress in the future if you suffer ongoing problems as a result.

NoWordForFluffy · 17/02/2020 11:16

I'm a PI lawyer. Don't accept it! Instruct a firm of solicitors to act for you. If you have LEI with your home insurance or are a member of a union you can contact them for their panel solicitors' details.

partofthepeanutgallery · 17/02/2020 11:28

You don't even have a long term prognosis for your ankle yet, and you've been quite restricted on it for a month already. You'd be mad to accept.

Original poster

gettingbacktoresearch · 17/02/2020 11:28

Thanks everyone..... for those of you with experience/knowledge etc..... typically how long do this sort of claim take to resolve if I go down the legal route?

I haven’t suffered any significant financial loss as had full sick pay so it’s just the scuff on my shoes paracetamol/ibuprofen for a month and a couple of bus fares to and from the hospital.....

It’s only a very slight chip which is why the radiographers missed it initially and only on review did they see it and advise a review resulting in physio next week but no other treatment but rest, elevate and painkillers with no long walks for now.....

I’m torn as I’ve never been a fan of the no win no fee mentality and don’t want to feed into that system but appreciate that they were to blame and I’ve had some impact on my life (but not as bad as many others)..... if I’d needed surgery or a stay in hospital or even a cast I’d be more inclined to talk to solicitors but it feels ‘odd’ to me.....

OP posts:

Sparklfairy · 17/02/2020 11:31

If they're offering you that without any prompting it probably means the claim is worth many times more.

PI solicitors are no win no fee and handle it all for you. Claims do take a while though and obviously you pay them out of your settlement.

Somanysocks · 17/02/2020 11:41

I would expect £1000 to be their opening offer. They're probably expecting you to negotiate upwards.

Oysterbabe · 17/02/2020 11:41

It will take a while. The PI lawyer will have to instruct a medical expert and you will need to attend an appointment. They will prepare a report giving an opinion on the injury and prognosis for recovery. It's this report which is used to value your claim. Even if they admit liability, 6-9 months is a reasonable estimate.

BabyMoonPie · 17/02/2020 11:41

I used to work in PI vetting new claims and people would try and claim for the most ridiculous things when there was clearly no third party liability because they were hoping for a payout. Based on the information you've provided you genuinely have a claim : a third party left a hole which you've fallen into and you've suffered injury. Speak to a PI solicitor and see what they say - you don't have to go ahead with the claim but you'd have all the information about your options. Claims take time but that's partly to make sure the outcome is correct eg you'd need to see a doctor for an opinion on how long your injury will take to heal

NRPDad · 17/02/2020 12:02

This could be months of ongoing physio, disrupted your life and schedule, requiring time off work. Pain may not subside. May be further complications.

I get the impression that £1k is low for any kind of PI compo. Especially something affecting mobility.

Consult a PI solicitor and I suspect they would laugh and guarantee you a sizeable increase, they will take their cut or charge fees of course.

KnifeAngel · 17/02/2020 12:06

It could go on for years. My Dad's claim took 5 years to sort out.

GetMeOffThisCycleOfMisery · 17/02/2020 14:57

Definitely not. Go down the proper route.

I slipped at a council owned building years ago, the cleaners had mopped the floors, but not dry-mopped it. There were no signs out either.

I walked in, slipped and smashed down onto my knee so badly that a lump like an egg appeared in minutes. A child also slipped and landed on his face, bloodying his nose.

I was in so much pain, but the painkillers wiped me out, meaning I wasn't fit to drive or work. After a week I had to stop the tablets as I needed to work.

I consulted a solicitor, they got me seen by a private doctor who said it would take at least two years to heal! The pain did last almost two years in total, although not as bad as when I first injured it.

I got £3000 compensation.

TalbotAMan · 17/02/2020 15:03

According to the Judicial College Guidelines for personal injury awards (which is the scale judges use when valuing these), a minor ankle fracture which resolves within a year is worth up to £5,160. It's a little early to say when you will recover but £1,000 is far too lpw.

If you haven't already done so, get a solicitor on board.

AJPTaylor · 17/02/2020 15:08

If you havr house insurance you probably have legal insurance. Go there first.

LonginesPrime · 17/02/2020 15:14

I haven’t suffered any significant financial loss

Yet. You haven't even seen the physio yet so as others say, definitely don't accept this offer. You have no idea what the long term prognosis might be.

It will take a while to claim, but you'll ideally be coming out of the other side of any treatment before you settle so that the damages can be properly quantified and you know the claim isn't being undervalued.

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