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-   -   Injury Claim (http://forums.sv650.org/showthread.php?t=229670)

Bri w 16-06-18 05:50 PM

Re: Injury Claim
 
From experience;

If you have a pre-existing condition, e.g. an x-ray finds arthritis that you may not have even known was there yet, it will be used to offset any compensation. I didn't know I had a lot of wear in my lower spine till an MRI after the accident. The accident brought on the onset a lot sooner but made little difference to the final payout - tough.

If you decline the offer and decide on a trip to court the judge may find in your favour but decide the offer is fair. You then pick up the costs.

No win, no fee is the law. This stops unscrupulous ambulance chasers. You've got nowt to lose, see a solicitor.

maviczap 17-06-18 03:36 PM

Re: Injury Claim
 
Quote:

Originally Posted by Bri w (Post 3087335)
From experience;
No win, no fee is the law. This stops unscrupulous ambulance chasers. You've got nowt to lose, see a solicitor.

And get one who is used to dealing with motorcycle cases, such as White Dalton

garynortheast 17-06-18 06:50 PM

Re: Injury Claim
 
A second endorsement here for White Dalton. Andrew Dalton dealt successfully with my FiL's case. He takes no nonsense and he and most of, if not all, of the staff there are motorcyclists themselves.

shiftin_gear98 17-06-18 07:23 PM

Re: Injury Claim
 
Just to add, I tried to switch to White Dalton, but they wouldn't accept my accident once the ball had already been set in motion with someone else.

littleoldman2 17-06-18 08:42 PM

Re: Injury Claim
 
They wouldn't deal with mine because it happed in Scotland.

Talking Heads 17-06-18 10:05 PM

Re: Injury Claim
 
Quote:

Originally Posted by littleoldman2 (Post 3087393)
They wouldn't deal with mine because it happed in Scotland.


Scotland is a different country with (amongst other things) a different legal system.
Lawyers who qualified in England are not able to practise in Scotland without requalifying in Scots Law.
So the company likely couldn't rather than wouldn't deal with yours ;)

Red Herring 18-06-18 09:52 AM

Re: Injury Claim
 
Quote:

Originally Posted by Bri w (Post 3087335)

No win, no fee is the law. This stops unscrupulous ambulance chasers. You've got nowt to lose, see a solicitor.

I guess the question you should be asking yourself is are you after what you can get, or what you deserve? The two are not necessarily the same thing and ultimately only you will have to live with your decision.

Why is it that people value honesty and integrity in others so highly yet are so willing to sell their own so cheaply...... so yes, you do have something to lose.

timwilky 19-06-18 08:53 AM

Re: Injury Claim
 
Firstly from my own experience after being offed. My first medical examination that concluded that I had "Soft Tissue" injuries and would be fully recovered within 6 months was on behalf of the 3rd parties solicitors. Not happy with the pain that I was suffering I sought a second opinion from a consultant orthopedic surgeon that specialised in shoulders. After his examination he read the original report.


Putting it down. His first comments where who the hell wrote this, then after a couple of minutes on the computer came back with. He is a bloody GP what qualifies him to give opinions/prognosis on trauma injuries. A second report was issued by my consultant and I had to have a follow up by the 3rd parties who this time was a named orthopedic specialist. Who immediately recognised my consultant as an eminent professor of orthopedic surgery specialising in shoulder injuries and he concurred with my chaps findings.


Sufficient was proper medical reporting that after 4 years of arguing I got a reasonable out of court settlement. But 15 years after I would give it all back for it never to have happened in the first place. Even sat here typing that damn shoulder is hurting. So much for the 6 month to fully recover!


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