Personal injury court case - any experiences?

[siriusb]

Technically they would be witnesses for one of the defendants so would I be right in thinking it would not be my ( my solicitors) responsibility to pin them down? Anything they would need to say is covered in emails I have printed off.

[Ganymede]

Well hope he's disappeared then and can't support the Defendant.

 

Your sol can also interview the witness if he is still around as there is no property in a witness.

[siriusb]

Well looks like i'm heading back to my original question...

 

POC filed, and defendants replies recieved. In all honesty outright lies in places and certainly 'grey' areas in their response/s but still left me really upset as they are saying it's my fault.

 

My solictor put forward part 36 offer which was rejected but counter offer (with no admission of liability) for less than half the amount put forward by defendants. This amount didn't even cover my lost wages. I rejected this offer.

 

So now I have provided all documents etc for disclosure, and provided dates that I am not available for court.

 

I know that a settlement may still occur BUT having seen how the defendants have replied it feels like they are mud slinging my way to try and make it all my fault. I am not entirely sure they will back down.

 

If it goes to court it will be my word against 6 'managers' for the other sides - which I hate the thought of.

 

Random questions - how much does a court case like this cost in reality - ignoring any potential award...i'm just talking about solicitors and barristers and judges costs i guess...

[Ganymede]

Why do you need to know the cost? You won't pay it.

[siriusb]

I'm just trying to see it from defendants side.... Cost of court vs part 36 offer made by my solicitor.

[Ganymede]

For a claim like yours to go all the way to a full liability trial I'd imagine your costs and disbursements would exceed £20k.

[siriusb]

Thank you for your input - my part 36 is far lower than that so maybe they may come up with another figure within the next few months.

[siriusb]

Well the other side have upper there original offer by about 60% compared to their first offer but it is still below what my part 36 offer was. But i'm torn. I'm at the point where i really just want this over. I don't want to have to face down managers who i work with on a daily basis now in a court case. But then i do feel like the defendants are taking the michael by making such a low offer.

My solicitor is happy to pursue the case further but realistically the offer made by the other side is about 12% below the lowest offer she recommended i accept so it is not a huge difference we are talking about.

The other side have categorically said that this offer is their final offer and i think the next step is disclosure of documents...

Any thoughts/advice peeps?

[siriusb]

Hi Folks,

 

I agreed back at the start of May to settle my PI claim (marginally below what the solictor suggested I accept as my lowest offer).

I received a letter from my solictor saying it usually takes 4-8 weeks for the settlement to be paid (even that seemed like a long time but i rolled with it).

It is now well past the 8 weeks. I rang my solicitor and was informed by her secretay that it can take longer than that - and 4-8 weeks was 'average', and that they had not received a payment as yet.

 

I settled because i just wanted the toing and froing over and done with and yet i'm still having to push and chase.

 

Does anyone know if there is any legislation that governs the time limit that settlement sums have to be paid once agreed? Can i claim interest on the sum due to the delay?

My solictors are ok...not great, just ok so i'd like to go back to them an demonstrate i seriously want that cheque in my grubby mitt asap!

 

Fed up of doing all the chasing.

[citizenB]

I think if you make your complaint via the FOS, then once htey have told the Bank they have to cough up, they get 8 weeks to pay out.

[siriusb]

I think if you make your complaint via the FOS, then once htey have told the Bank they have to cough up, they get 8 weeks to pay out.

Arghgg. More sodding paperwork!I think part of the problem is the solicitors I am using. Apart from the FOS, whom i am happy to go to, is there anything within the whole PART 36 settlement offers stuff that gives a maximum time the settlement has to be paid in once agreed?

[steampowered]

Personal Injury claim or Personal Protection Insurance claim?

 

If the claim has settled the time for payment would usually be specified in the consent order/settlement agreement. There is no one-fits-all size for payment. 8 weeks sounds pretty excessive to me.