A question about compensation

[WaitWithMe]

I recently issued a complaint for a serious incident which almost resulted in serious injuries.
Thankfully, no one was hurt but there was a high level of distress caused.

I have since been offered £350 in compensation for this.

Is this a reasonable amount?
Also if I want to escalate the complaint, can anyone tell me if the original compensation offer will still stand or if it could go down if reviewed?

How much did you lose financially?

Rather depends on circumstances. If no injury or time off school/work required and the issue that caused it was addressed seems potentially quite generous.

They didn't resolve the issue. If it was left down to them the outcome could have been very bad.

You can't claim compensation for what "could have" happened... only what did happen.

If it was emotional distress lasting less than a few days, I'd take the offer.

Can you be more specific? Who is the subject of the complaint, what actually happened, who would you escalate the complaint to? If the compensation has essentially been offered as an apology and goodwill gesture then it’s not subject to any statutory guidance, they can opt to remove the offer as easily as increase it and opt to follow their full complaint policy and procedure, depending on what that is, which may not result in any financial offer.

Ireland: I was hit by a car and suffered whiplash and severe bruising but no bones were broken. I also suffered nightmares in the beginning but had therapy and a few sessions of physio privately and about 18months later I received almost €25k in compensation from the drivers insurance company. This was an out of court settlement.

Depending on the level of harm you've suffered, £350 sounds insanely low to me. 😳

How were you offered this compensation?

Claims for damages with insurers/court are likely to be much higher than general complaint processes/ombudsman/ADR schemes.

Sorry I've been so vague with this I just don't want it to be outing.
I'm claiming from a company who provided a service which could have ended in injury to myself and other family members. It was discovered the person was unqualified and therefore not supposed to be doing what they were doing.

I would expect a refund of what you paid for the service, at best.

But yes, they can withdraw the £350 if you decline to accept it.

So if I was to escalate further they could withdraw the original compensation offer?

Potentially yes.

This is important.

Also how much was the service? I would expect a refund and apology.

Presuming this is not compensation formally awarded via a legal process or ordered by the Financial Ombudsman, yes. It sounds as though it’s being offered by the company by way of an apology and goodwill gesture. They can withdraw the offer without negotiating further and you’d then have the option of taking your case forward formally- though as others have indicated, compensation for something which didn’t actually happen is likely to be heavily defended.

If the company is providing services using staff who aren’t properly qualified for the work, and you want to ensure it doesn’t happen to anyone else, report them to the Health and Safety Executive.

Compensation is designed to restore you to the state you would have been in if the incident had not occurred.

It's easy to measure eg if your car has been written off or you've lost something that needs to be replaced.

Injury to feelings or psychological distress is insanely difficult to measure financially, and is usually offered a very low settlement in court.

Have a long think before you turn the money down, even if it seems low, unless there is something you can put a demonstrable financial price on

Or depending on the service there may be a professional body or association. Are the qualifications legally required eg nursing or gas engineer or is it something like a nutritionist where anyone can call themselves that.