Good Advice - Don't get knocked off your bike = Stress

Page may contain affiliate links. Please see terms for details.

fossyant

Ride It Like You Stole It!
Location
South Manchester
Argh.

Legal Shinanigans. Driving me Potty.

My case is nearing settlement after nearly 3 and a half years. 3 medical reports, NHS records as long as your arms and an operation later.

We've served notice of court procedings on the third party's insurer. They have indicated to defend (which they do as matter of course although liability is admitted) and they've only just responded, but we don't know what they have said yet.

What's really hacking me off is my solicitor of 3.5 years has unfortunately gone, and the new one it trying to pick up my case again - argh. Also my details have gone to a barrister for a claim 'value' to be calculated. Bearing in mind these 'folk' only really have a short involvement the comments he has made are really making me angry...:cursing:

He suggests about adding in 'care and assistance' - At the minute I can do most things, but overhead and heavy DIY are causing me pain. My father comes round a couple of times a year and trims the 'larger' trees. This costs me a couple of crates of beer as he won't accept payment. Decoration, well we do this over a number of days, rather than in a whole day I would usually do.

Anyway I've told the barrister this, but he says I've got to pay it out to justify it - so I've gone back and said, well don't suggest it, or don't put it in as it's not a real 'cost'. Argh. :cursing:

At least I know a bit more about the system now. With PI, they look at the most severe injury, and award an amount, the next less severe injury only gets say half of it's value, the next injury just a third and so on.

It's now at the stage where they may start to make offers. The Barrister has suggested yet another 'medical' opinion from a specialist shoulder expert and possibly looking into further operation costs - FFS !- more opinion shopping when I already have a 'favourable' opinion from an orthopeadic surgeon, who has recommended no more surgery. 'Favourable' means not a particularly good outlook for me, but it is in the case of the claim. :sad:

The stress of it all nearly makes you think of giving up on all of it. I certainly wouldn't want to go through this again. No wonder legal costs are so high.

A bet the driver has no idea what pain and stress this has caused me and my family over the last few years. It would be good if careless drivers received an 'update' as to the condition of the 'victim' - might just make them think.

Rant over - off to de-stress..... :wacko:
 

dan_bo

How much does it cost to Oldham?
Bet you're sorry you bothered having the accident now foss!:banghead:
 
I would be more lenient towards the barrister - I find they tend to pick up the key issues fairly quickly.

In your case it seems you are having problems which you Dad is helping with at the moment but you can't always rely on that and he shouldn't have to be doing it. On the medical opinion I have enough experience to not take one medics word and it again is clear you are having to live with the consequences of the accident at the moment rather than having them fixed. Now medicine cannot work miracles but I have often seen one doctor dismiss as "nothing more we can do" something another doctor has subsequently successfully treated. It's your barrister's job to look out for you on these things against the typical British "don't want to make a fuss" attitude.
 

PK99

Legendary Member
Location
SW19
Argh.


He suggests about adding in 'care and assistance' - At the minute I can do most things, but overhead and heavy DIY are causing me pain. My father comes round a couple of times a year and trims the 'larger' trees. This costs me a couple of crates of beer as he won't accept payment. Decoration, well we do this over a number of days, rather than in a whole day I would usually do.

Anyway I've told the barrister this, but he says I've got to pay it out to justify it - so I've gone back and said, well don't suggest it, or don't put it in as it's not a real 'cost'. Argh. :cursing:

:wacko:


my smidsy was April, CTC solicitor managed payout in December of the same year, but that smugness aside the point of my reply is.....

Included in the claimed and paid sum was an allowance of X hours per day for Y weeks @ £notional rate of pay for the additional care and assistance and domestic duties my wife had to undertake
 
OP
OP
fossyant

fossyant

Ride It Like You Stole It!
Location
South Manchester
my smidsy was April, CTC solicitor managed payout in December of the same year, but that smugness aside the point of my reply is.....

Included in the claimed and paid sum was an allowance of X hours per day for Y weeks @ £notional rate of pay for the additional care and assistance and domestic duties my wife had to undertake

Thanks for that - may need to give the barrister a bit of a slapping. What rate does an 11 year old need to be paid ? - My son's been a great help - I made a disabled access ramp to my in-laws static caravan this weekend - couldn't have done it without him, and he also did a load of painting in the kitchen and his bedroom the last few months.
 

simon.r

Person
Location
Nottingham
A bet the driver has no idea what pain and stress this has caused me and my family over the last few years. It would be good if careless drivers received an 'update' as to the condition of the 'victim' - might just make them think

I whole-heartedly agree with this.

I attended the orthotics department (Google it - I had to^_^) of my local hospital last week, as a direct result of a SMIDSY in 1983. I bet the driver concerned never even thinks about it, whereas I live with the consequences every day:sad:
 
OP
OP
fossyant

fossyant

Ride It Like You Stole It!
Location
South Manchester
Well got a copy of the defendants submission to court. I have to respond within 7 days. They only admit liability due to the defendant's negligence and only that some injury may have been caused. :ninja:

They do not accept the 6 independent medical reports. Stock response though!

My reply to my solicitor will be to 'legally screw them'. :thumbsup: Want evidence, they can have my NHS records, very telling they are.

Barstewards. :boxing:
 

Crankarm

Guru
Location
Nr Cambridge
What firm of solicitors are you using fossyant? Pm me if you like.
 

dellzeqq

pre-talced and mighty
Location
SW2
I'm with Red Light on this

I accepted a payment from the MIB back in (I think) 1989. It didn't occur to me that I'd be still suffering the consequences in 2012.
 
Top Bottom