# Personal Injury Compensation - how much?



## zippitydooda (5 Jun 2008)

Hi everyone,

I've been dealing with an insurance company for 2 years now relating to genuine injuries from a car accident.  They have asked me to think about how much I would want from them to settle the case.

How do you go about getting to a figure?  I feel greedy just thinking about it but I understand that compensation for a lifelong injury is what its all about.

I asked if I looked at the Book of Quantum for each injury and added them up would that be OK - and they said no - that I should come up with a lump sum.

I'm not sure where to go/who to talk to to get a good figure in mind.  I could leave it to PIAB to determine but they are pushing me to settle before that.

Any advice?


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## extopia (5 Jun 2008)

You should think about talking to a solicitor who specialises in this kind of thing.


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## zippitydooda (5 Jun 2008)

Would they entertain me even if they knew there wasn't money in it for them?

Any recommendations on a solicitor? (Meath area) - PM me...


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## extopia (5 Jun 2008)

Would you not consider paying the solicitor for advice? Sorry, no recommendations.


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## sam h (5 Jun 2008)

I would second getting some professional advise or else you will probably end up settling on a lower amount.  You'll obviously have to pay for it but they are professionals at assessing exacting what the impact will be on you for the long term and there may be future expenses and problems you haven;t considered.  You should talk to a solicitor or an insurance adjuster (I think thats what they are called).  

I will PM you a number for the latter, but I don't know if he can do personal claims.  He should be able to point you in the right direction.


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## lurcher (5 Jun 2008)

I had an accident a few years ago,when i went to solicitor he asked me to sign something like a mandate were he gets a certain % of my award after it gets to court & if it goes over a certain amount then the % goes up further.I signed it but read in a news paper article a few months ago that this pratice was not allowed,i contacted the law society.A lady whom i spoke to on the phone told me that i could have grounds for a complaint but was very vague with any further information,does any one have any info or advice for me? I havent approached my solicitor about this matter as yet.


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## MandaC (6 Jun 2008)

It is incorrect to charge a percentage of any claim.  You need to pursue the law society.  The Solicitors used to be able to charge a percentage, but that is no longer the case.

In respect of the original poster, if the majority of the work is now done, why not consult a Solicitor with a view purely to obtaining settlement.

I know two people with serious genuine claims, one is heading towards the high court and the other recently settled at a settlement meeting in law library.  

At the outset, PIAB were stressing that a Solicitor is not necessary.  Both people went ahead and engaged a Solicitor, the person who settled very recently was very satisfied how the Solicitor handled the case and with the professional service he received.  

If he had been asked to quantify a figure himself, he probably would have ended up with a very considerably lesser settlement figure, even after all costs have been paid.(He reckons at over 1/3 less, because he had not factored in everything he was entitled to)

I think you could lose out by not having at least a consultation.  The loss assessor is a good option too.


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## Moral Ethos (6 Jun 2008)

I had a case a while back where I brought a claim to PIAB via a solicitor. The insurance company ignored the solicitor and wrote to me directly making an offer to settle. The solicitor was not impressed with their tact. 

Is there any reason why they would ignore the solicitor and contact the claimant direct?


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## NicolaM (6 Jun 2008)

I would have that would be a scheme to try and pay out less! 
However, on looking at the [broken link removed] website, it appears that this should not be the case _"Whether you deal directly with PIAB or choose to engage an agent the award will be the same."_
I suspect that the insurance company should have not done that.
Interesting.
Nicola


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## MandaC (6 Jun 2008)

I know PIAB say your award will be the same, but in the two cases I know personally, PIAB were unable to make a decision and released both cases to court after a year.  Both people were glad to have engaged a Solicitor from the outset.


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## bond-007 (6 Jun 2008)

PIAB may say that you don't need a solicitor, but you would be a fool not to have one.


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## dazza21ie (9 Jun 2008)

zippitydooda said:


> Hi everyone,
> 
> I've been dealing with an insurance company for 2 years now relating to genuine injuries from a car accident. They have asked me to think about how much I would want from them to settle the case.
> 
> ...


 
I presume you didn't treat your injuries yourself and you should really go seek professional advice in this regard also. There a number of factors to consider when coming to a settlement figure e.g. injuries sustained, recovery period, loss of earnings, expenses. It is in the insurance companies' interests to settle for as little as possible.


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## heretohelp (9 Jun 2008)

Imho , i really advise you to contact your a good personal injury solicitor. 
Piab assessed a claim i had and it was substantially less than what i should have received ( i am now paying the price for being pushed into a hurried decision by the insurance company) . So please seek good advise.


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## MOB (9 Jun 2008)

I note that this case is going on "for two years now" and that the OP says "I could leave it to PIAB to determine".  

Just to clear up one point, may I take it that the case is already lodged with PIAB?   

If not, it may well be statute barred.


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## Investing (10 Jun 2008)

bond-007 said:


> PIAB may say that you don't need a solicitor, but you would be a fool not to have one.


 
This is the reason the PIAB was set up so that you dont need a solicitor!


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## dazza21ie (10 Jun 2008)

Investing said:


> This is the reason the PIAB was set up so that you dont need a solicitor!


 
This is true. Unfortunately there are many flaws in the PIAB legislation which will not be obvious to a lay litigant but which could be fatal to their claim. With the way PIAB is currently setup it is still advisable for a person to go through a solicitor.


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## Hasslehoff (11 Jun 2008)

Dazza "there are many flaws in the PIAB legislation which will not be obvious to a lay litigant but which could be fatal to their claim"
Can you provide a couple of examples ?


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## whitegrass (11 Jun 2008)

Statute of Limitations continues to run against claimant if Respondent is the Estate of a deceased person. Just one of the serious and potentially fatal flaws in the legislation.


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## Hasslehoff (13 Jun 2008)

Sorry to hear about your bad luck, but I am sure the money will be of some comfort when it comes along.
What about asking your solicitor to go to the other side and ask them for a stage payment i.e. some form of payment to cover your medicals and cost of living which could be deducted from your settlement.
OR
If you/your solicitor are that cock sure why cant your solicitor provide you with a loan to keep the home fires burning ? Or an undertaking to the proposed bank to pay the money back if you default.
Remember you take your solicitors advise but he has to take your instructions.


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## wexself (13 Jun 2008)

i've been through it with the solicitor, he seems to think the bank will be ok about the loan, he is willing to give something in writing to them explaining the situation. So all I have to do now is get the guy in the bank to actually speak to me about it.
You're right the money will be some comfort when it eventually arrives but won't be much comfort if I've already lost the house, car etc. Payment protection has only covered so much.....sorry for going on about this. I've borrowed from every source available to date and the credit card is going to self combust any day now. Still trying to get bank on phone. Going to try again now. Thanks for listening!


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## zippitydooda (10 Jul 2008)

Me again!

I've heard back from the insurance company in question that they will not consent to a PIAB assessment (basically for one of the injuries my doctor is saying its permanent and a doctor I saw from their side said the knee injury could not be caused by the car accident).  To be honest I don't even know what report is right - all I know is that I have damaged my knee somewhere but it doesn't need operating on....but it's painful!

Anyhoo - it looks like I'll need a solicitor at this stage...can anyone recommend a good PI solicitor around Meath - I called one in Navan yesterday and she was hilarious...she actually made me laugh out loud with her air of self importance and her speaking down to me even though she had never met me and hadn't even asked why I was calling!

I just need someone who can negotiate a settlement - it is unlikely to go to court as the MRI scans prove most of the injuries and have already been reviewed by the top surgeons at this stage so their reports are alla available.

Thanks for any advice you have!

Z


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## John joe (10 Jul 2008)

zippitydooda said:


> Me again!
> 
> 
> 
> ...


 
Why was she speaking down at you for? this doesn't sound to professional. What exactly did she say if you hadn't told her why you have phoned at this stage?


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## dazza21ie (10 Jul 2008)

zippitydooda said:


> Me again!
> 
> I just need someone who can negotiate a settlement - it is unlikely to go to court as the MRI scans prove most of the injuries and have already been reviewed by the top surgeons at this stage so their reports are alla available.
> 
> ...


 
I wouldn't be so confident as to likelihood of settlement. You have already said that the insurance company has refused for PIAB to assess the case. This would sugguest that the insurance company intend fighting the case.


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## Legal (10 Jul 2008)

To Zippitydooda

You mentioned that your accident occured 2 years ago.   You should choose a Solicitor urgently and get your Solicitor to file you claim with PIAB immediately !   

The reason is that you only have 2 years from the date of your injury to file your PIAB claim, or else your claim will be staute barred (i.e. you will not be entilted to any compensation).  

Even if the insurance company are trying to negotiate, if the 2 years runs out, your claim still becomes stature barred, and the insurance company will simply refuse to pay.   I know of cases where this happened.   Of course, this is very unfair.   However, the linsurance company is not obliged to inform you about your rights and/or to remind you to file your claim with PIAB on time.  The legal onus is on you to file your claim with PIAB before the 2 years runs out.

Here is some detailed info which may be of interest:

Best of luck!
*The Statute of Limitations and PIAB*

Section 7 of the 2004 Act, reduces the time period under the Statute of Limitations for a person to issue court proceedings in a personal injury case from three to two years from, ' the relevant date'. The relevant date is the date of accrual of the cause of action, or the date of knowledge of the person concerned as to the cause of action, whichever occurred later.
Both the submitting of a claim to PIAB and the issuing of an authorisation from PIAB have a significant effect upon the Statute of Limitations.
The date on which a Claimant makes an application to PIAB, is the date the clock stops running under the Statute of Limitations. It is important to note for any claimant whose time for issuing proceedings is close to expiring under the Statute of Limitations that the 'official date', of making of an application under Section 11 of the PIAB Act, is the date on which the fully completed Form A is acknowledged in writing, ' as having been received by PIAB'. Therefore it must be taken into account that the date on which time stops running under the Statute of Limitations is taken out of the control of the Claimant.
Under Section 50 of the PIAB Act, time starts running under the Statute of Limitations after the expiration of six months from the date of issue of an authorisation from PIAB. PIAB can seek an extension of time in which to deal with claims beyond the period of nine months, for a further six months and therefore, the effect of Section 50 of the Act is to prolong the limitation period by a further six months in those circumstances.
PIAB does not bar claims on the basis that the limitation period has expired but the Respondent only has to refuse to consent to an assessment in such a case and defend the action in court on the basis that it is statute barred.


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## Stifster (16 Jul 2008)

OP please confirm that you have already applied to PIAB.


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## dieseldave (29 Jul 2008)

What you have to consider hard is what life was like pre accident and your plans for the future, accidents happen, thats why we pay for insurance, I think you should ask for whatever wages you would be getting pre accident for the rest of your working life. I know a man in a similar position caused a dangerous overtaking driver, he had pins in his leg, got infected, had to have them removed, physio, all the pain, he is holding out for his mortgage to be paid.


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## ney001 (29 Jul 2008)

Go onto the piab website and take a look at the book of quantum.  This will give you an idea of the payout PIAB make.


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## dazza21ie (30 Jul 2008)

ney001 said:


> Go onto the piab website and take a look at the book of quantum. This will give you an idea of the payout PIAB make.


 
The book of quantum will not take into account future loss of earnings. An actuary might be needed to calculate this depending on the injuries involved


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## JamesGG (8 Aug 2008)

I'm not a solicitor, but I did have a claim with an insurance company, a woman rear ended me and they paid for my car straight away but the injuries part takes a long time.

You need a report from your doctor approx €300. He must be satisfied that the injuries are from the accident etc.

Your solicitor contacts the insurance company and tells them he is preparing a PIAB application, and usually they will want to (if they know they are at fault) offer you a reasonable settlement in relation to the injuries caused and say they will object to a PIAB assessment and make you go through the courts which could be a bluff or could be true and if you lose you will be a lot worse out. 

My own advice is if you can live with the injuries, take what they have offered now unless your solicitor is fairly confident you will win in court but he won't guarantee it.


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## Skary (13 Aug 2008)

Hi, 
I would definately engage a solicitor. I have been involved in a claim for an accident at work in early 2005 and approached the PIAB - the insurance company for the defendant waited till last minute to reject any liability. (I look back now and am so grateful that they did at the time as I ended up having to have major surgery due to it) but I engaged a solicitor an have been going through all the motions.. We are ready to set a date for tria


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## Skary (13 Aug 2008)

(Oops)  We are ready to set a date for trial now (High Court) and just yesterday I received notice that they have called for a settlement meeting. 
I really have no idea how much my case is worth - but it is interesting that they have chosen (after much humiliation caused from their doctors and denial of any liability) to call a settlement meeting now. 
My medical bills that I have already paid out exceed 10k and I still owe the hospital money and am receiving ongoing treatment.  
Wexself - just be patient - I know that you cant see the light now - I have been in the same finiancial trouble as you and stand to lose a property too - but just try and negotiate with your lenders -  nobody can survive on Injury benefit - it barely paid my bills and that was before even considering rent/mortgage.  I think as long as you can pay them some of what is owed and have a standing agreement with them that you will pay as much as you can and your solicitor can vouch for you and your case, you should be OK.. Though the credit history goes down the toilet  
I really hope all works out for you and i will keep you updated. 
Anyone needing a good PI Solicitor in Dublin can PM me as mine is great!


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