Compensation

[Raymond Lin]

All medical expenses can be claimed for (not necessarily paid) but can be claimed for. If liability is admitted then they are normally paid, provided invoice is provided and the costs are reasonable.

i.e. If the orthopaedic surgeon recommends 12 sessions of physiotherapy and you go and book 20, they are not going to pay for the 8 on top.

 

[cm1179]

Would more money make your neck better?

no but a longer physio plan may have done, same physio plan i pay for myself now at £40 a pop!

it was a genuine whiplash claim (unlike a lot of them) crawling traffic, some lad behind me looking at his phone which was on his passenger seat (he actually said this to me, he hadn't been driving long, had already had a few car park scrapes - i felt a bit sorry for him as he was a nice lad) he hit me at probably 15mph but the effect was quite surreal, my neck felt like someone had tried to pull my head off the day after and i got an extreme headache within 10 minutes of the impact, i hope that i am never in a high speed crash!

on my first physio session, the physio said that he could feel where the muscle in my neck had torn and seperated and this was nearly a year after the crash. i was in my mid 20's then and it's true what they say about ones body taking longer to repair as one gets older as it still causes me problems now. couple this with a sporting shoulder injury and i'm a right mess if it's not for physio and hot showers.

 

[Raymond Lin]

But in terms of evidence... what's acceptable?

Well, the first port of call from the Claimant is his GP. Whom will refer him to a specialist and do a report.

That report is what his claim is basically based on.

More complicated cases where he needs further reports, at some stage down the legal process, they will need to seek directions or permission from the Court to do so. If the Claimant go and seek a report on a head injury from a neurosurgeon that he does not have permission for, the report will not be used in trial nor the insurance company will pay for.

It is up to the Claimant to argue that report is justified and a lot of the time they do get it because they are not going to get a neurology report if the Claimant has a broken leg. More often or not, it is when the Claimant already got 1 orthopaedic report and then wants another one. The defence will argue why? As a report will cost in the region of 4 figures easy.

 

[Deleted member 651465]

Now I know why my car insurance has gone up £6 extra a month, despite me not crashing EVER in 10 years and having 7 years NCB

10 years driving and 7 years NCB?

 

[cm1179]

10 years driving and 7 years NCB?

probably on his parents insurance for 3 years, though i thought cheets64 was 16?

 

[Natwee]

My bf is a manager of insurance litigation in a big law firm. he said "£5k, possibly. Probably more like 4k, but its hard to know as there are no details other than that she has a broken wrist, it depends how it affects her and how quickly and well she recovers, and also on the type of fracture, whether it is the dominant hand etc.

Thats just for the injury, she can then claim loss of earnings, painkillers, travel, care and assistance, eg help with shopping and driving, cleaning etc, on top.

 

[Nitefly]

That's what judges are for.

Or that's what the JSB Guidelines are for.

Kemp and Kemp also lists all the latest case laws for all the injuries to different parts of the bodies and its value.

You then get compensation for loss of earnings. You claim to the penny.

So if you earn £100 a day, you lost 10 days of wages, you lost £1000 in earnings. You won't get £2,000. You can claim for it, but you need to actually prove that you lost 20 days of wages in order to get it.

Contrary to popular belief, the system it to put the Claimant back in the position as if the accident never happened, there should be no betterment. I say that again. There should be no betterment.

Equity is a shield, not a sword.

A million times this.

Yes, an example of a particular law on drugs that is based on morality.

I'd say morality is a factor that is silently involved in lawmaking - in fact I'm quite an advocate of this

 

[mehuk]

Almost as good as a lottery win is this.

Play on everything, including the mental side of things, get a solicitor involved and milk it. That's what the system is there for, all these insurance epremiums you have been paying have to do something, and here it is.