Compensation offer help

[JamVal1013]

Serious accident. Serious injury. Solicitor has filed claim prompting defendant's insurers to make an offer. My solicitor feels its too low. One option is to make a counter offer. Anyone here can advise and aid my decision?

Offer £200k. I don't want to give detail on accident/injury.

Tia

It’s very difficult to advise without knowing injuries etc…

will they be able to resume employment? will they be able to resume any employment?

Permanent knee ligament damage on a below knee amputee. 3 years post accident unable to fit usable prosthetic. Level of mobility much less than before accident. Pain and discomfort every day. May never recover. Am 49 years old.

Employment throughout but level of rehab (over 100 appts in past 3 years) will likely need to continue making current employment (full time, responsible mid-mgmt role) difficult to sustain. Exhausted. Mental health very precarious.

has your solicitor suggested an expert opinion from a rehabilitation specialist?

Yes. I'm seeing all the experts (the few there are that i haven't already encountered!). I need to get on with my life and am inclined to settle before court. There is also risk court judge will settle on a lower figure AND I'll have to pay dependent legal costs. My solicitor feels offer is low. My question is what is a sensible counter offer?

If it's not possible to say, that's fine. I'm just trying to assess my options.

Thanks for replying!

I have no experience but the fact you can’t wear a prosthetic would make me think you deserve a shit ton more.

Just seen your update, what would be enough for you to put the law stuff behind you and focus on your mental health? 300k? 400? Go for whatever you’d be happy accepting as a counter and hope they accept before court

Your solicitor will get reports on your injuries from your medical team. But your solicitor should also arrange independent experts who are used to medico legal work in this area to assess you, separate from those involved in your care.

They should be assessing and reporting on how your injury affects you now, but importantly also in the future. Are you likely to have housing, equipment or care needs in the future as a result of this injury which you wouldn’t have otherwise had? Is employment likely to be restricted in the future? Experts in this area will definitely look at an award which will cover future expenses.
Id want all those assessments done and reports completed before making any decisions.
I am not a lawyer but I’m a HCP

This absolutely. @JamVal1013 professional reports are not just used at the point of court. When you go back with a counter offer and can state that you have professional reports about what your future will probably look like and what your long term needs will be, they are more likely to take any counter offer seriously. I get that you are feeling mentally frail and exhausted but you will get one shot at this and ending up without sufficient resources is not going to help your mental health in the longer term.

Thanks all for input. I guess it's no easy answer!

you won't have the answer but there are expert witnesses who will be able to find you an answer without much effort on your part. I am actually a bit surprised that you solicitor hasn't suggested this already.

Oh gosh OP, sorry to hear you’ve been through so much. I would say given the fact that the rest of your life has been affected and you are still quite young, that the offer is too low. I would push for £350/400k.

I'd be really careful about suggesting figures on here, even though the OP asked. We don't know enough about the circumstances and it would be awful if the OP took advice on here and ended up without enough to support them through life.

I am getting expert witnesses - psychiatric, ortho and prosthetic. Original ortho report has been dismissed by my new barrister and finding experts in amputees that I haven't seen before is really hard!

I'm talking to barrister in.a couple of weeks (2nd one I've had, this since about Feb, again difficult to find someone who "gets" my history and situation).

We'll see!

What does your solicitor think the figure should be?
I might be reading it wrong, but the accident didn't cause the loss of your leg, but has meant more pain and now you can't use a prosthetic so less m9bility?