going back to PIAB a second time

wazzoraybelle

I'm asking this for a work colleague of mine, Not looking for opinion just wondering what her options are.

My colleague was involved in car accident 5 years ago and got a settlement from the PIAB for injuries etc.

5 years on and all that money has been spent on pysio and medical expenses. Now she spends pretty much all her income on continueing physio and tests etc and she may have to have a quite serious operation soon. Her Prognosis is that she may be in pain for the rest of her life and need ongoing treatment.

I suggested to her that she should return to the PIAB and may have an argument for further monies as this was the result of the car accident.

Is that possible? Indeed is it in her best interests to do so? Does she have the option of pursueing the insurance company through the courts?

I understand people will say tell her to talk to a solicitor, but the poor girl is constantly broke despite working two jobs and she wouldn't see one unless she had a sense that it wasn't money down the drain.

Thanks for any help.

Cheers Wazzo

blueythebear

wazzoraybelle wrote: »

I'm asking this for a work colleague of mine, Not looking for opinion just wondering what her options are.

My colleague was involved in car accident 5 years ago and got a settlement from the PIAB for injuries etc.

5 years on and all that money has been spent on pysio and medical expenses. Now she spends pretty much all her income on continueing physio and tests etc and she may have to have a quite serious operation soon. Her Prognosis is that she may be in pain for the rest of her life and need ongoing treatment.

I suggested to her that she should return to the PIAB and may have an argument for further monies as this was the result of the car accident.

Is that possible? Indeed is it in her best interests to do so? Does she have the option of pursueing the insurance company through the courts?

I understand people will say tell her to talk to a solicitor, but the poor girl is constantly broke despite working two jobs and she wouldn't see one unless she had a sense that it wasn't money down the drain.

Thanks for any help.

Cheers Wazzo

The monies she received would be in full and final settlement of her claim so she wouldn't be able to go back for more.

This is a prime example of why people with uncertain prognoses should not necessarily accept the first offer from PIAB. I would imagine her solicitor should have advised her at that point as to whether the settlement was in her best interest. It may well have been at that time depending on the content of medical reports received.

Of course, this is just my opinion. Your friend would be well advised to seek a proper opinion from their solicitor or a different solicitor.

nuac

Check the medical reports. Did they flag the possibility of chronic or recurring problems with the injury.

If they did you should have stuck out for full compensation for this, as you can only go once to the well.

If the doctors did not advise of further complications, you would need a further opinion which would probably be from the UK showing negligence and breach of duty by your originall doctor(s).

Moral is that you should take comprehensive medical and legal advice befofre settling a personal injury action.

Avatargh

Was she legally represented the first time?

If not (and this is not a comment directed at the OP, but generally), this is a prime example of just why lawyers are valuable and why "cutting costs" is usually a bad idea when something as serious as health is involved.

kennM

wazzoraybelle wrote: »

I'm asking this for a work colleague of mine, Not looking for opinion just wondering what her options are.

My colleague was involved in car accident 5 years ago and got a settlement from the PIAB for injuries etc.

5 years on and all that money has been spent on pysio and medical expenses. Now she spends pretty much all her income on continueing physio and tests etc and she may have to have a quite serious operation soon. Her Prognosis is that she may be in pain for the rest of her life and need ongoing treatment.

I suggested to her that she should return to the PIAB and may have an argument for further monies as this was the result of the car accident.

Is that possible? Indeed is it in her best interests to do so? Does she have the option of pursueing the insurance company through the courts?

I understand people will say tell her to talk to a solicitor, but the poor girl is constantly broke despite working two jobs and she wouldn't see one unless she had a sense that it wasn't money down the drain.

Thanks for any help.

Cheers Wazzo

Hey Wazzo,

As has already been mentioned piab settlement is full and final from what I understand. There may be other options that a solicitor may be aware of but at best its an uphill battle.

I would also recommend she seeks medical/surgical advice on ongoing injuries. I have an injury that is quite rare and was twice told there was nothing could be done surgically..... Have spent quite a bit on physio. Persisted and managed to find a specialist who is knowledgable in the specific injury and is operating. Should be solved then. I could have been spending money on physio for years to come to noavail.