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"On the balance of probability" compensation query

5 replies

LaraWearsZara · 12/05/2023 19:24

I'm hoping for some advice please 🙏
I had an accident last year which wasn't my fault and resulted in a nasty wrist injury requiring surgery.
The other side admitted liability to my solicitors and also pleaded guilty in criminal court (it was a business at fault as they breached multiple h&s laws).
One of the independent experts I've had to see as part of my compensation claim wrote in his report that I've permanently lost 50% of the mobility of my wrist as well as some of the hand function. It's my dominant hand. He also wrote "on the balance of probability there's a 50% chance she will develop osteoarthritis in her wrist within the next 10 years as it was an intro-articular fracture".
My solicitor asked him if he thought I'd be able to continue with my current job to which his additional report basically said "impossible to say".
The accident was 18m ago.
Today as part of my claim my solicitor has added in the part about arthritis and put in a total amount of £275 which is essentially for a course of physio should it develop.
Does this sound correct? I don't want to query it If it doesn't, however he has made a few errors already which I've been confident in addressing (and I've been correct) and as I felt like this was quite a big point I don't want to end up developing arthritis in say 5 years and being in a position where I learn we should have put in for more.
Obviously that's just a part of the claim - not taking into account the other financial elements for the wrist, head , shoulder injuries, psychological damage and so on which we have not yet discussed.
If anyone has advice I'd be very grateful.

OP posts:
TokyoStories · 13/05/2023 15:46

Are you confident in your solicitor? I made a personal injury claim quite a few years ago now. The first solicitor I spoke to didn’t think my claim was likely to get more than £10k compensation. I spoke to another solicitor who sounded much more clued up about things. I instructed him instead and I ended up with £50k. It sounds like the claim is in its early stages so it might be worth thinking about whether you trust this solicitor and maybe make a few enquiries at other firms.

cryinglaughing · 13/05/2023 15:48

This exact same thread was posted the other day.
What happened to it?
Why ask the same thing twice?

LaraWearsZara · 14/05/2023 08:57

cryinglaughing · 13/05/2023 15:48

This exact same thread was posted the other day.
What happened to it?
Why ask the same thing twice?

I posted this and got no replies so a few hours later I posted in the chat forum. I got replies to that one. Guess you're getting confused with that....

OP posts:
LaraWearsZara · 14/05/2023 09:00

TokyoStories · 13/05/2023 15:46

Are you confident in your solicitor? I made a personal injury claim quite a few years ago now. The first solicitor I spoke to didn’t think my claim was likely to get more than £10k compensation. I spoke to another solicitor who sounded much more clued up about things. I instructed him instead and I ended up with £50k. It sounds like the claim is in its early stages so it might be worth thinking about whether you trust this solicitor and maybe make a few enquiries at other firms.

I think I'm confident in him, he's been good mostly but made a few errors. The issue I have is that its going through the legal cover of my house insurance so I didn't get to choose the solicitor. I guess that probably prevents me from moving too?
The claim I believe is quite late on now although I don't know how long these things take. They were instructed over a year ago and I've had all of the independent expert reports done and back. He's never given an indication on the level of compensation to expect but the arthritis stuff seems low.
I've had some really good advice when I posted this thread elsewhere after this one was quiet, so I'll follow up on that tomorrow

OP posts:
lunar1 · 14/05/2023 09:12

Several factors will be considered with the possibility of arthritis. How old are you now? Has the existing injury meant you aren't able to carry on with your existing work, or reduced your hours or promotion prospects? Are you still independent despite the injury?

How much worse would the arthritis make the existing issues? Ask you solicitor if the expert on your side has considered the impact of this throughout your life, not just a short course of physio.

They can't really single out each injury, they have to have a wholistic report looking at how the full picture has affected the trajectory of your life, and it all has to be 'on the balance of probability'

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