Settling out of court?

[Jordyn86]

My DF was treated for lung cancer 4 years ago.
Although he was 84 at the time he was very very fit and healthy.
We were worried at first that they wouldn't operate due to his age but the doctors said he was so healthy it was the best option.

The operation was successful but it affected him badly. He couldn't eat and became very depressed.
We literally thought we would lose him a number of times and the doctors wanted to put him on end of life treatment.
My DM cared for him so well and we slowly got him back to life.

The cancer was caused by asbestosis and my parents started the long legal process of suing the companies that he had worked for.

They advised my DD that he could expect £80k - £100k.
He has just received an offer of £48k which the solicitor said was low and could try and get £52k.

Reading between the lines it seems like because of my DF age, there is an expectancy that he won't have many years left so will not need as much money for his care. The cancer has a 50/50 chance of returning and this is a final offer to close everything so if it returned he couldn't go back to try for more money.

My DF has since been diagnosed with early Alzheimer's and Dementia.
The doctor said the shock of the operation could have caused it. My DM is doing a wonderful job looking after him but she is obviously getting on herself now and is worried about the future.

As I said my DF is a very strong man, his own mother was 100 when she passed so there is a good chance he has another 10years aged of him (God willing).

The solicitor has advised my parents that if it goes to court they could possibly be awarded a lot less.

My parents really don't want to go to court because it's so stressful. We are aware that the defendant's would have to pay a lot more money in legal fees if it went to court so they would obviously like to settle.

It just seems a bit unfair that they have offered so little, I would say that the operation changed my DF completely.

But should they accept or take the risk of threatening court to try and get more?

The solicitor is advising they accept.

Any advice would be greatly appreciated.

Sorry for the length of my post.

Hi Op, I deal with claims of this nature for a government department. Damages are made up of general and special. General damages will comprise of PSLA (pain suffering & loss of amenity). There are guidelines covering the limits of this. In terms of special damages this is essentially made up of past and future losses. As you've been advised, the life expectancy of your father will limit the future losses. Had your father been younger and working for example, there could have been loss of future earnings and pension potentially. Also the fact that your father is in remission may also impact settlement amounts. Your fathers's solicitor should have prepared a schedule of loss which clarifies the breakdown.

From your post, it seems as though the claim is in the relatively early stages. If you were to progress, it's likely that expert reports would have to be obtained which would require your father to undergo assessments with his solicitors experts as well as the Defendants. These may be virtual or in person.
It's also worth considering that's your father's solicitor will be cost building. In my experience, your father's solicitors costs will far outweigh any settlement that your father receives. He will also likely have to pay a success fee for his solicitor if he's been in a no win no fee agreement.