# Personal Injury Claim - Settlement Advice



## MandaC (7 Apr 2008)

Any advice any legal eagles can give me would be much appreciated.

My mam was in an accident and is still unwell. 

Question is :  Should she be entitled to claim for the loss of future earnings(less social welfare obviously) until retirement 65, a Her loss of earnings cert from her job has only listed what her loss of earnings were based on the 2005 rate and not assuming any increases in inflation or pay rises or overtime.  Can these be factored in.

She has a medical card, so I am assuming that any future doctors bills etc will be covered by that, so there is nothing that should be listed as outlay here.


Thanks for any assistance.


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## NiallP (7 Apr 2008)

MandaC,

This is not your responsibility. You should instruct your solicitor to engage an acutuary to work out an approximate future loss of earnings component. There are fairly complex rules as to what expenses/estimations are allowable in the context of a personal / future loss of earnings claim.  There are a number of actuaries who specialise in this area listed in the Law Directory.

Clearly you should be looking for all of your legal costs to be paid by the otehr side as part of the overall settlement amount. You can then recoup the costs incurred in engaging the actuary as part of the settlement. 

When in doubt, always bring in the experts


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## MandaC (7 Apr 2008)

Hi Niall,  thanks for the advice.  I was thinking myself that she would need someone like that as there are all sorts of permations, 

Have just found a great article on the website barcouncil.ie entitled Forensic Accounting and the Calcuation of Personal Injury Damages.  It lists everything you are and are not entitled to claim especially the top ten list of losses plantiffs often overlook.


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## NiallP (8 Apr 2008)

Your solicitor is obliged to act on your instructions. I would advise postponing the meeting until such time as you are absolutely happy with the relevant figures. 

I would suggest that you should not be happy with the figures unless they have been professionally quantified. Speaking for myself, I would never enter a settlement meeting for personal injuries/loss of earnings without an actuarial report. There is no hassle in obtaining a report - it is usually just a matter of days from initial engagement of the actuary to receipt of a report.

IN the circumstances, I would instruct your solicitor to postpone the meeting until such time as you have received actuarial advice. It may be easier for your solicitor to horse-trade with his opposite number on a ball-park figure, but i would suggest that it may be more beneficial for your mother to take things a little slower and to consider her position on foot of professional actuarial advice. This is particularly true where it appears to be a case in which liability is not contested.

As for attempting to work out the figures yourself, I am reminded of the old adage that "a lawyer who represents themself in court has a fool for a client". On no account should you bear the responsibility of calculating figures that are more properly the preserve of an actuary. You engaged a solicitor to deal with the issue of liability - now you should engage an actuary to deal with the issue of quantum of liability.

(Incidentally, I am not an actuary in case anyone thinks that I'm merely touting for business!)


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## Hasslehoff (8 Apr 2008)

Manda C are you nuts, do you want to prejudice your mothers case (you probably have already). Do not discuss this matter on this site further or at least edit your comments about the description of the claimant and make them more remote and vague. But in all honesty let her and her legal representatives deal with the matter.


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## MandaC (8 Apr 2008)

Hi Guys thanks for the advice.  Much appreciated.

Hasselhoff, my mam has asked for my assistance and that is why I am involved.  She is not happy to deal with this herself. She does not have anyone else to go with her to meetings or deal with the paperwork and of course I will do everything to ensure that she gets everything she is entitled to. Whilst I agree with letting professionals deal with work, I am not from the age where people just accepted what they were told by "professionals" at face value whereas my mam is.


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## Hasslehoff (10 Apr 2008)

I do not mean to be condesending but your agenda is so common in these situations and quite transparent .


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## MandaC (10 Apr 2008)

Well I believe in calling a spade a spade and your reply comes accross as very condescending and is bang out of order!

It has been decided to go the route of Niall's advice so thanks for that!


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## Madangan (10 Apr 2008)

Hasslehoff said:


> I do not mean to be condesending but your agenda is so common in these situations and quite transparent .


 

Just curious what,in your opinion, is the OP's agenda as it is neither transparent or apparent to me !


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