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Compensation claim

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I've had a claim in fora work accident for two years I've just had a first offer of £10000 to settle. Now my solicitor says that's to low and wants to counter at £13000. Is this normal surely they sho… Read More
mackey246800 Avatar
banned2y, 4m agoPosted 2 years, 4 months ago
I've had a claim in fora work accident for two years I've just had a first offer of £10000 to settle. Now my solicitor says that's to low and wants to counter at £13000. Is this normal surely they should counter at £20000 then this gives us some barter capabilities. I have no confidence in my solicitor as she has dragged her heels all through this process I feel like I'm a little fish to her? Any advice welcomed
mackey246800 Avatar
banned2y, 4m agoPosted 2 years, 4 months ago
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#1
If she counters too high, and the company opt to go to court where the judge decides it's worth less, basically you can lose the claim, she will have checked similar claims and 13 is probably the average pay out, so really she's safe guarding you
#2
Same happened to me they offered me 11,500 and my solicitor was going to counter at 15,000. I then said no it should be more so after i spoke to a more senior solicitor and a centre for legal advice we offered at 18,500 and i came out with 17,000 speak to a senior member in the office for a second opinion.

I actually came out with 15,500 i was given 1,500 in advance when the claim was taken up

Edited By: taurus_the_bull on Dec 15, 2014 17:23
#3
You have to be careful. If you reject an offer and go to court I think you would be required to pay their costs if it turns out the offer was more than the judge awards.
#4
what!! no wonder insurance premiums are so high. Obviously, no disrespect to you as I don't know what happened but seriously no wonder the countrys in debt
#5
glass_half_full
what!! no wonder insurance premiums are so high. Obviously, no disrespect to you as I don't know what happened but seriously no wonder the countrys in debt

Where theres blame theres a claim.
#6
Every claim is based on its own merits. You can't just pull a figure out of the air because that's what you think it's worth. However, if you are doubting your solicitor's merits, then ask her what she is basing that on. Are there recent cases of a similar nature to yours which suggest that 13k is reasonable, for example?

As others have mentioned, if you fail to beat this offer at trial, you will be liable to pay their costs.
#7
There are to main things in play here. Your lawyer has no desire to goto court, that takes time and money for them, their business relies on volume. Secondly as stated you may be liable for costs if it goes to court.
banned#8
Thanks everyone
#9
If you think your solicitor thinks you are a little fish then you should sort this out and put her in her Plaice.
#10
it depends on a lot of things but the the terms of the offer of 10k are key.

Not sure where you've got 20k from but looks like a negotiation tactic rather than scientific. Counter offering at 20k won't mean they will meet you in the middle, they might go to top of thier range and then likely to stick and make an offer taht has costs consequences which you will have deducted from your claim.

your solicitor has to act on your instructions but depends how claim is funded as to whether they will do it without you becoming liable for costs

without knowing anything else I'd go with what your lawyer says as they have the full facts.
#11
Haggisbasher
There are to main things in play here. Your lawyer has no desire to goto court, that takes time and money for them, their business relies on volume. Secondly as stated you may be liable for costs if it goes to court.

Not strictly true. If the solicitors acting for the claimant assess prospects at trial as relatively high, then they would not mind going to trial as the costs incurred will be exponentially higher than out-of-court settlement.

The OP most likely won't be liable for costs as he is probably under a CFA with the solicitors (no-win, no-fee).
#12
I disagree . If case goes to court then its two to three days out of the office not seeing other clients. Some cases go for days, especially if discussing Torts and H&S Law and reasonably practicable.

If he is under CFA then the company will be even less keen to go to court. These companies are looking for high turnaround for little or no work and already have an offer of a settlement.

Good luck in setlling your claim, If you are injured at work, you are entitled to compensation, if the company breached its Duty of Care. You can claim for any loss that can have a value added to it.

I hope it puts you back in the position you were before the injury, as the compensation law was initially designed to do.
#13
Your pay out has to cover loss of earnings, also any money paid for treatment, then they have to work out how long you are likely to be off work ,then they have to cover the years you are likely to be off work, also if you av any dependants.
Most companys always try a cheeky first offer...
I find most solicitors generally work by other cases because they cannot be bothered to work hard for their money.

Saying goes a bird in the hand is better than two in a bush.....
#14
My neighbour was involved in a very serious road accident, not his fault.

His initial offering was £175.000, he ended up getting just over £250.000.
#15
glass_half_full
what!! no wonder insurance premiums are so high. Obviously, no disrespect to you as I don't know what happened but seriously no wonder the countrys in debt

You do realise the national debt and this persons compensation claim are entirely unrelated? :|
#16
monogram
glass_half_full
what!! no wonder insurance premiums are so high. Obviously, no disrespect to you as I don't know what happened but seriously no wonder the countrys in debt


You do realise the national debt and this persons compensation claim are entirely unrelated? :|



^^^^^^^^

Agreed, insurers work on calculated risk/cost.

Nothing to do with the national debt, that is all down to incompetent politicians.
#17
Nice to see so many competent posts in Ask. OP, you can also get a better idea of what your claim is worth by doing a little internet research yourself.
Whatever the route forward, don't spend your money buying HDUK deals
banned#18
Comment
Henvig
Nice to see so many competent posts in Ask. OP, you can also get a better idea of what your claim is worth by doing a little internet research yourself.
Whatever the route forward, don't spend your money buying HDUK deals
but I love hduk deals
#19
adamsxi
If you think your solicitor thinks you are a little fish then you should sort this out and put her in her Plaice.

For Cod's sake. I carp believe you did that.

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