has anyone ever instructed their sols to look for a higher settlement figure than they have suggested?

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as above really. I would like them to pitch in higher than they want to (which is still very significantly lower than my schedule of loss). Has anyone done this?

They are "free" sols - ie through my house insurance, so I get the feeling they really don't want to go to tribunal (the insurance pays them a flat/low rate for taking the whole case on inc attending tribunal if that's what happens) and are keen to just settle.

Any thoughts? Am i stupid for considering and should just go with their advice?

thanks.

depends entirely if you are likely to get the higher figure. Does your solicitor think it's possible?

hello, thanks, I guess that's the rub.

I need to speak to sols on phone as doing it over email difficult to judge tone, but get the impression that no, they don't think my higher figure is realistic.

I suppose that answers my Q really, its just i am slightly doubting my sols motivation - seems a bit like estate agents advising you to accept a low offer - it doesn't make much difference to them but makes a big diff to you.

I know what you mean ! If it's not worth they're while financially they willl take the easier option I guess - but it's real lives that are at stake eh?

Sod what the sols think. If your not happy with the number instruct them to ask for a higher amount. Just becuase they are "free" doesn't mean they can do what they want.

thanks Grevling. I am speaking to sols today hopefully, so fingers crossed that will let me gauge whether they don't want to pitch in higher for sound legal reasons, or whether its just they can't be arsed and want me to go away!

I just kind of thing what's the harm in starting a bit higher, surely it will just be another step in the negotiating process?

apologies for clogging up the board with my ramblings! - am sure will be back again with another update!

Be very careful if you are going to make an offer that it too high for the value of your claim. It may just be another step in the negotiating process, but equally I have a number of corporate clients who will walk away from the table if they believe that claimant is unrealistic, or being ill advised.

You can of course instruct the solicitors to ask for a given amount, and they should follow your instructions, but they could withdraw your representation later (depending on the terms of your policy)

IMO I am more likely to strike a deal on behalf of my corporate clients if they come up with a realistic (if high) number and stikc with it rather than ratchet the numbers. When claminats do that i stop believing them when they say its the bottom line

thanks curiosity, that's really interesting. The sols have mentioned in a very round-a-bout way that they would need to speak to the insurers if I don't take their advice, which I guessed was intimating (felt a bit like threatening to me) that they could refuse to do what I request. Wasn't sure they could actually do that but assume they can.

This would be our first counter offer, and it would be below the max a tribunal could award (and about half of what my schedule of loss sets out). But it is admittedly some way higher than the first offer made by the other side.

I just find it hard to believe that on the basis of a high first counter offer the other side would decide they don't want to play this game and just sit back and go to tribunal? But that seems to be a possibility from your experience??

Yes, do be careful. I have seen companies walk away from settlement discussions entirely as curiosity describes.

Also, you need to understand your own schedule of loss. Some are designed as negotiating tools - way higher than even what your own lawyer thinks your claim is realistically worth. Some show more realisticially what you expect to get. Make sure you understand which yours is before basing too much on it.

What curiosity said. I can think of several HR contacts I have who have been so at the amount a claimant has asked for that they've walked away and happily spent more than that in legal fees and gone all the way instead.

ok, thanks all for taking the time to reply, very useful advice.