Been Offered 25k for road traffic accident please read on....?

My boyfriend was knocked of his Bike in 2005. He suffered with a severe sprained ankle and neck injuries. He was off work for 3 months due to this and has been visiting pain clinic ever since. He left his employment due to been harrassed at work and has only just gone back into work and he left in 2006. He cannot put his foot down fully on the ground and suffered from black out soon after the accident which luckly he hasn;t had any for about 2 years. They have offered him a out of court settlement of 25k, but his solicitor has said that he could go to court and could possibly get more or in this case get less as they will be looking into everything especially work. What do you think he should do take the 25k and run or go to court and risk it. Thanks in advance .xxx

You have received a number of answers many of them based on either personal experience or cases known and advice has been given based on those circumstances. Bear in mind that every RTA is different and the outcome is determined by the circumstances surrounding each case on its merits individually.

With that proviso in mind these are the considerations which need to be taken into account before your boyfriend decides whether to acccept the 25k or seek more by way of an out of court settlement or proceed to court.

The solicitor has mentioned that should the case go to court all aspects of the accident will be taken into account. Amongst these he has mentioned employment.

Your boyfriend returned to work just three months after the accident. This could be interpreted along the lines that the injuries sustained have not prevented him from working. The fact that he left work due to harrassment is another issue, possibly not related to the accident. The question to ask here and to be answered is: Was the harrassment, due to and was it focussed on time off for pain management visits? Was it due to the effects of the injuries sustained? If so then your boyfriend may possibly have returned to work too soon after the accident. If this is the case, then in my view his return to work so soon after the accident should not be taken into consideration.

What long term effects have the injuries sustained by your boyfriend had on:-

a) employment. Is he able to or will he be able to pursue his normal employment?

b) due to the injuries will he have to consider a lower paying job?

c) how do the injuries effect social activities he enjoyed prior to the accident?

With regard to the injuries it would do no harm for him to obtain under the Freedom of Information Act (FOI) 2000 hospital and GP records relevant to his treatment and long term prognosis of the injuries sustained. These will help support his case in seeking a higher out of court settlement or his case in court should he proceed along those lines.

My PC is tempermental in providing links but if you google in Freedom of Information Act 2000 UK you will be directed to several useful web sites.

Another consideration to bear in mind is: Does the 25k adequately compensate him for loss of earnings?

Being out of work for three years effectively means that he is being awarded approx 拢8,333 per annum excluding other factors. He needs to work out how much money he would have taken home during his absence from work and that amount offset by any benefits he received. If the amount is more than 拢8,333 per year then the offer is inadequate.

Another consideration would be to what extent was your boyfriend responsible for the accident? This will assume some importance should it go to court and may already have been taken into account before the offer of 25k was made.

Copies of police reports may be useful here. Again you may be able to obtain these under the FOI Act 2000

Another consideration would be compensation for injuries sustained, pain and suffering and on-going medical treatment if that is the case.

What out of pocket expenses soley due to the accident did your boyfriend incur during his period of unemployment. These should be reflected in any award.

Another consideration is payment for repair bills to his byke. These should be re-imbursed.

My immediate response would be to work out the figures as suggested, work out a reasonable amount for pain and suffering and possible long terms effects supported by medical evidence and via your solicitor approach the insurance company for a higher offer.

Bear in mind that the insurance company would rather settle out of court rather incur additional costs but have the facts and figures in front of you to support a higher claim.

You will note I am neither advising your boyfriend to accept or decline the offer and I think, having read the above you will know why.

Just on a final note. In 1963 I was knocked off my motorbyke and the car driver in front of the police admitted total liability.

I was awarded 拢350.00 for injuries - minimal damage done to the byke. I was on crutches for 6 weeks due to torn ligaments and received full pay whilst off sick. In today's terms that is equivalent to 拢5,173.00

Good luck.

I think what the lawyer is saying is that, since he left work for reasons beyond the accident, they will try to claim he has no claim for lost work (true). If the 25k is substantially more than his direct medical expenses, it might make more sense to take the money and run.

If he trusts the lawyer, take his advice. If not, get another lawyer.

Tell them you'll see them in court, by offering the 25k they've admitted liability, and they obviously know when it gets to court they're going to get shafted.
Although reading through the question again, who's offering the 25k? The people who knocked him off his bike, or his employers at the time of the harassment?

Always refuse the first offer and usually the give a lot more before it goes to court, it is a good amount my hubby had similar accident and was offer 拢800 and refused then he got 拢2500 and accepted and he had to pay for court fees if we took them to court.

I initally thought take it! But reading your whole question it sounds like your boyfriend really suffered and will probably continue to suffer for a while/rest of his life. I dont think 25K is enough. Dont take it, hold out for more. Good luck and I hope he does get completely better in time.

hi
i really think it depends how much you need the 25k, if money isnt a big issue then i would go to court and see it through till the end, but if you need the money maybe you should cut and run, good luck.

take the 25k. i was in an RTA and was decided to try and get more however it worked out to my disadvantage and quite often does. i always thought my solicitor said that coz it meant more money in her pocket

i`d get a second opinion from another solicitor. one who specialises in these type of cases.25k doesnt seem a lot for the years since it happened. i.e. lost pay and expenses. good luck

Go to court, They are showing themselves they will probably loose the case, that's why they offered 25k.

If they're offering 25K then they must think he's got a good case....I'd take em to court!

to be honest 25k doesn't sound like a lot for nearly three years of pain, and he is still suffering now, is this your first offer?

Talk to another lawyer.

i think they are trying to get away cheap.

TAKE IT!!

Seriously my GF was involved in a traffic accident a few years ago and took the guy to court. She was offered about 20K in compo, but her Solicitors reckoned it was such a good case that they gaurenteed her she could get more (up to 30K infact) so she went with their advice.

She left court with 拢1,000.

The Solicitors gambled and she lost, so my advice is just to take the cash (sounds like a gameshow or something) as at the end of the day if it goes ****-up, it's not the Solicitors/Lawyers who lose out, it'll be you and your BF.

In that time she was 6 months on the sick (she had a broken back), was sacked from her job, and had to make that 1K last for 6 months until she could start to look for work again, so take the money and leave it at that is my advice.

i work in a personal injury law firm and it sounds to me like 25k is a good offer, but with them offering that much as an out of court settlement figure, maybe he could get more by going to court. if he takes it to court, he can claim for loss of earnings, cost of travelling to and from hospitals etc, he has to think if 25k is worth the pain and suffering and expenses and losses he has suffered or if he wants to risk it all and go to court. Thing is, if he is doing this through "no win no fee" and he loses in court, he could be liable for all the costs of court and solicitor's fees.
does he think 25k is worth what he went through?! it sounds to me like he could suffer with the injuries in many years to come...i would go to court, because at the end of the day will 25k last long enough to compensate the pain?

This is easy, if they are offering an out of court settlement then they have pleaded guilty and don't want the publiscity. You need to instruct your solicitor to up the anti and TELL them that you will see them in court unless they can increase the offer to a figure beginning with 4, ie 40k out of court walk away. However if you go to court you could end up with a lot less and it may cost you in the long run with court costs which you may not be able to claim back.
My pal D****N he was knocked off his bike and had to have his testicles removed, that was 4 years ago and he suffered mentally and his sex life vanished, he only got 33K classed as loss of limb, so that gives you some idea what you are up against