Crash Victims Info

Settlement Values for Injury Claims?

Nearing the end of 4 years long of litigation over an industrial injury, my husband will be sitting down for a joint settlement meeting with his solicitor, a barrister and the defense team. The original schedule of losses prepared by my husband's legal team equated to over £300K but the defense have responded with schedule of losses quating to just over £20K. My husband's schedule of losses was adjusted to over £200K. The defense's schedule follows a medical report prepared by two orthopedic consultants - each representing either side of the claim. The gap between £20K and £200K is incredibly wide. Can anyone tell me how these meetings generally decide a final amount of payout? I'm so confused. Thank you in advance. I forgot to add that the defense liability is 100%

Public Comments

1. Check with an attorney regarding the range of amounts that recently decided similar cases received in your particular jurisdiction. To find a good lawyer with relevant experience, contact your local bar association. Try your city, county, or state bar association. They should have a lawyer referral program and be able to point you in the right direction. Most of the lawyers recommended through the referral service will give you a free initial consultation (or a very small fee which is merely to support the referral program). If you're not sure how to contact your local bar association, ask the American Bar Association. http://www.abanet.org http://www.findlegalhelp.org
2. First these meetings decide nothing - this is a mediation or possibly a round table meeting without a mediator. It is a discussion where the parties are given the opportunity to settle the case without the need to go to trial. There's no obligation to settle anything unless you want to. I don't know the facts but I assume the issue is loss of earnings and in particualr future earning capacity. A trial is a contest of evidence and both sides will have to 'take a view' on the relative strengths of their respective cases. That's why your solictor and counsel are there, to advise you. The discussions the judgement makes on the medical evidence (assuming it is not agreed) will determine the value of the overall case. Having conducted dozens of these, my only tip is this: You must be prepared to walk away, do not be pressurised into selling your case short just to get a settlement on the day. The offer will still be there the next day - no matter what the defendant says about 'time limited offers'. Be flexible, be pragmatic and be realistic. Try to see the case as the Judge might see it, dispassionately: - and be sure you are entirely comfortable with how the value of the claim is calculated. It is not alchemy.