Injury claim incorrect

dreamers75

"Someone" I know is claiming from his previous job for an accident they admitted neglicence in. Ie they did something stupid hurt themselves now the company has documented that he was a dumbass as he admitted it in the investigation thingie.

But he got onto a solicitor anyway and they sent in a letter saying"blah blah your job at fault totally your jobs fault on this day"

But the day is miles out its nearly 3 weeks out from the actual recorded incident.

Even tho his claim is wrong on many levels, how much will he get?

salamanca22

dreamers75 wrote: »

"Someone" I know is claiming from his previous job for an accident they admitted neglicence in. Ie they did something stupid hurt themselves now the company has documented that he was a dumbass as he admitted it in the investigation thingie.

But he got onto a solicitor anyway and they sent in a letter saying"blah blah your job at fault totally your jobs fault on this day"

But the day is miles out its nearly 3 weeks out from the actual recorded incident.

Even tho his claim is wrong on many levels, how much will he get?

We can't possibly know with what has been given to us.

Pat Mustard

Mainly, lawyers base valuations of injuries on medical reports.

There is no description of injuries here and there is absolutely no way of telling the value of damages.

I don't see the potential of this thread so far, and it's likely that it will be closed.

Bepolite

Not before...

kennM

dreamers75 wrote: »

"Someone" I know is claiming from his previous job for an accident they admitted neglicence in. Ie they did something stupid hurt themselves now the company has documented that he was a dumbass as he admitted it in the investigation thingie.

But he got onto a solicitor anyway and they sent in a letter saying"blah blah your job at fault totally your jobs fault on this day"

But the day is miles out its nearly 3 weeks out from the actual recorded incident.

Even tho his claim is wrong on many levels, how much will he get?

Concur with what's said by others.....

There are two aspects here. Liability and damages. If he was a dumbass and caused it himself and company was not negligent then liability = 0 and compensation = 0.

Assuming 100% liability against company there are no details on injuries etc. to base a total guesstimate on.


For all intense purposes, know this from going through the personal injuries process after road traffic accident, it's a big game of chicken. One side will posture and say you're at fault for the following 500 reasons. T'Other side will respond saying "No we're not, you are for the following 600 reasons". Everyone holds firm.... stakes rise and someone blinks first and it's all settled.

dreamers75

Some context

Person did something stupid shortly after being informed he was finishing up the next Friday. Solictor sent letter with incorrect dates and basically saying Company at fault (standard letter).

insurance company asked company to let their investigator view everything related to the "accident" investigator came to scene of accident and deemed it a pisstake, but reckoned the ex employee would still get something.

My Op was vague for a reason but doesnt have to be now

person has not worked since due to a knee injury sustained in the accident but seemingly plays football every other week (investigator lad thorough). Company intends to fight the case but I and investigator think he will still get something.

My original question was to attain how much he would get? as in is there a sort of template of awards?

goz83

Compensation is not just based on the injury, but on how the injury impacts the injured persons life. For example; if a person slips and injures themselves at a supermarket and is unable to work for 6 months, losing 50k in earnings and cannot spend quality time with his family and cannot drive his car....well lets just say he is likely to receive higher compensation for the same injury, as someone who has no family, is unemployed and has no gainful future in sight.

If the injured person mentioned in the op is claiming he can't work, but plays football regularly, it is possible that even if he were to be paid compensation, he could be sued for insurance fraud.

kennM

dreamers75 wrote: »

Some context

Person did something stupid shortly after being informed he was finishing up the next Friday. Solictor sent letter with incorrect dates and basically saying Company at fault (standard letter).

insurance company asked company to let their investigator view everything related to the "accident" investigator came to scene of accident and deemed it a pisstake, but reckoned the ex employee would still get something.

My Op was vague for a reason but doesnt have to be now

person has not worked since due to a knee injury sustained in the accident but seemingly plays football every other week (investigator lad thorough). Company intends to fight the case but I and investigator think he will still get something.

My original question was to attain how much he would get? as in is there a sort of template of awards?

gox83 has it spot on....

Quick high level. There are two aspects to any PI claim: General Damages & Special Damages. General damages cover compensation for pain and suffering (past and future), special damages are out of pocket expenses - medical expenses, loss of earnings etc.

Unfortunately there is no formula to assess. The closest thing you are going to find is the book of quantum and you'll find a lot of other useful FAQs on the Personal Injuries Assessment Board website (http://www.injuriesboard.ie/eng/FAQs/).

When you mention company and insurance company I would assume they are both on the side of the defence? i.e. insurance company who covers liability for the company and naturally wants to try and lessen any possible payout (if there is one at all).

It's a bit elaborate game of chicken really... plaintiff says company are wrong for the following 15 reasons. Defence say plaintiff is at fault for the following 20 reasons..... the pressure cooker is closed and sealed and the heat turned on. Everyone goes quite waiting for court dates to come up while legal expenses build etc. increasing the pressure. Someone blinks first at some stage & it goes from there.

Sometimes insurance companies will throw a small enough settlement figure at plaintiffs to settle because ultimately it can be cheaper to do this then fight it all the way and win.

If he's claiming he can't work due to knee injury and is playing football every other week..... that's a very handy ace to have up the sleeve. I've read about cases being completely thrown out because symptoms were exaggerated. Cases where liability was accepted on the part of the defence and plaintiff was entitled to compensation but they "over-egged the pudding".