Compensation

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dsb

dsb

dsb

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Short story goes, mum was knocked over by a car in a car park over the weekend and broke her wrist, the lad was genuinely apologetic stating he just misjudged her, fair doos we all have off days and make silly mistakes. Mum has a bad brake and will be in cast for up to 8 weeks and will need at least a week off work.

I have advised her to call his insurance to seek compensation ( he happily gave all details and even rang tonight to say sorry again and say that he had told work Company car) and his insurance company) but not sure what she can claim for. I have told her taxis to and from work (bus is not an option) any losses of wages from work and any phisyo she may need.

I have told her as of yet not to get a third party involved as i dont think its needed.

I'm not a fan of pain and suffering claims but how do you put a price on it and how much do you think is fair.
 
Well will she actually be losing earnings or does she get paid for being off sick/genuine reason for not being able to work?
 
what is she actually out of pocket for?

Keep receipts and the insurers will deal with the rest.
 
She only works part time so not sure how that works, i suppose she will as shes been there a while.

This is not a she wants to stitch someone up its a genuine question.
 
blairw said:
Is she losing out by being off work? Does her work not pay sick pay?
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This, taxi seems like a fair cost to seek from them directly rather than by insurance. Physio would be free on the NHS if required wouldn't it?

IMO as long as she only claims exactly what it costs her then its all fair play. If she tries a pain and suffering compensation claim I wouldn't think very much of her
 
Yep, so basically compensation due to her is the figure she has lost due to her inability to work, or as pointed out by RickST, the cost incurred travelling to work while unable to drive. Simples
 
dsb said:
I'm not a fan of pain and suffering claims but how do you put a price on it and how much do you think is fair.
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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.
 
RickST said:
This, taxi seems like a fair cost to seek from them directly rather than by insurance. Physio would be free on the NHS if required wouldn't it?

IMO as long as she only claims exactly what it costs her then its all fair play. If she tries a pain and suffering compensation claim I wouldn't think very much of her
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Why? is she not in pain and suffering? :confused:

Is it illegal?

Or is it immoral in the world of RickST therefore no one should ever make a pain and suffering claim?
 
I see this every day and what people rightfully claim for.
If negligence has taken place then your Mother has every right to claim if it starts to cost her money + the set claim fee of the injured body part.
I can't go into details but a recent claimant needed their house redesigning and every day items put into different places/heights etc.
The claimant & spouse were no longer able to go on the cheap holidays with loads of friends anymore but instead could only go on more expensive holidays where their needs could be met.
It would be great if we could all say 'It's only a broken arm, I couldn't be bothered' but most of us would lose out of it.
 
she asked about phisyo yesterday at hospital and was told once the cast is off they will refer her, and said the waiting list was already 10 weeks plus, could she not try get this paid for by his insurance, i think it would be quite fair.
 
Raymond do you have any links with guides so when she calls tomorrow she has something to reference to.
 
dsb said:
she asked about phisyo yesterday at hospital and was told once the cast is off they will refer her, and said the waiting list was already 10 weeks plus, could she not try get this paid for by his insurance, i think it would be quite fair.
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that one blurs my moral compass, i'm going to side with yes it seems reasonable to claim for that as 10 week in physio/healing time is quite a bit and perhaps not receiving treatment quickly could lead to long term issues
 
dsb said:
she asked about phisyo yesterday at hospital and was told once the cast is off they will refer her, and said the waiting list was already 10 weeks plus, could she not try get this paid for by his insurance, i think it would be quite fair.
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i had physio under a whiplash claim. what i would say is, i am starting to regret accepting the first offer (i just wanted it over with - crash happened oct 06, i got compensation and physio aug 07) but my neck still gives me problems now. i settled for a payout and 6 physio sessions.
 
RickST said:
In my opinion yes it is immoral to seek pain and suffering compensation when it was a simple accident, **** happens grow up and get on with it.
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Newsflash for you. The law doesn't work on the basis of morality never mind yours. So I am not sure what relevance it has on the OP's mum's accident or the next time a 3 year old get hit by a drunk guy running a red light and left brain injured.

That's a simply accident too is it not? Or do you have a line that define what you call pain and what isn't? Please enlighten us.
 
RickST said:
This, taxi seems like a fair cost to seek from them directly rather than by insurance. Physio would be free on the NHS if required wouldn't it?

IMO as long as she only claims exactly what it costs her then its all fair play. If she tries a pain and suffering compensation claim I wouldn't think very much of her
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So she doesn't deserve to be compensated for the suffering of being knocked down by a car? :confused:

Raymond Lin said:
Newsflash for you. The law doesn't work on the basis of morality never mind yours.
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Actually it often does unfortunately, hence drug and pornography laws.
 
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