Hello, a bit of advice would be greatly appreciated. Posting here for traffic... (sorry...)
Background:
This has been ongoing for over 2 years now as it's been quite a significant case.
In 2021 DH was involved in a serious motorcycle accident which resulted in a severe complete degloving of the foot up to the ankle, numerous broken bones and a three week stay in the QE hospital where he underwent multiple surgeries where bones were fixed, metal plates where bones were lost, a large skin flap (plus muscle and veins) removed from his thigh (opposite leg to the injured foot) to reconstruct his foot and skin grafts.
He has been out of work since the accident (was let go last September as his employer couldn't continue to hold his position open and he simply could not do the job) it seems unlikely he will ever be able to work again due to ongoing chronic pain in the foot and in the site of the skin flap. He can walk/stand for no longer than a couple of hours before the pain becomes severe.
He is still awaiting medical appointments with plastics and limb reconstruction to enquire about the foot being amputated in March. The skin flap site is quite disfigured and expands pretty much the entire front of his thigh from the groin to just above the knee.
He has developed severe PTSD to the point he suffers frequent panic attacks, flashbacks and nightmares. We live on a fairly busy road and just thee sound of the cars going past the house will trigger an anxiety attack.
He was not at fault for the accident.
He has received a part 36 offer of settlement (250K) before all appointments and reports have been collected.
His questions are:
- What is a Part 36 Offer? Is it a tactic for the defence to save money?
- Why has the defendant put forward this offer before all appointments and reports have been attended and collected? DH is still awaiting Psychology and Limb reconstruction appointments and reports. It seems odd to receive a settlement offer before all the facts have been laid out.
- Is this a low offer considering DH's life has practically been destroyed (lost job, unable to work, chronic pain, now disabled, possible limb removal, PTSD)
we are well aware that the offer isn't a low offer at all but in his circumstances it seems low
- Can he negotiate the offer without going to court?
This has been a long post. Thank you if your still here and any advice would be greatly appreciated