Settlement process

mystic

I have a meeting with my father's solicitor tomorrow afternoon to discuss a settlement and I'm totally clueless about it.

Background. My father is in his eighties and had several 'accidents' (4) in a hospital. The last one led to him having to go into a nursing home as it left him unable to walk. This happened four years ago. We only decided to take legal action after the life-changing accident but I think all 4 'accidents' were included in the legal submission. My father is completely 'compos mentis'.

The only thing I know is that there's a book of quantum which gives estimates for specific injuries, for example a broken arm.

I'm hoping someone can answer a few basic questions for me. As I said I'm clueless about the process and have only used a solicitor when buying our house.

Q.1 Are all the injuries taken into account when deciding on a settlement or just the most damaging one? For example, a broken arm in 2010 and a broken nose in 2012 (btw, dates and injuries are made up)

Q.2 My father has almost exhausted his savings by availing of the Fairdeal Scheme. We opted to pay the 5% per annum value of his house up front to speed up this process. For the last three years his nursing home expenses have been greater than his income (SW State Pension and Occupational Pension). Should these vouched nursing home fees/expenses be included in the settlement?

Q.3. Are other expenses (physiotherapy and dressings/medication) not covered by his medical card included in the settlement?

Q.4 My father's solicitor told me what's going to happen during the negotiation process but indicated that if the settlement was refused a doctor (from the UK) would be required to prepare a report and give evidence to the High Court. He said it would cost 'thousands' as they have to pay up front. My question is, does the solicitor pay these costs or would I be expected to?

Q.5 Will the settlement figure include future nursing home costs/medical expenses? If yes, how is this calculated?

I'd appreciate feedback/replies as I'm totally clueless.

Thanks

MarkAnthony

Ensure the solicitor is going through everything and explaining it fully to you / your father, that's what they're there for.

I'm not qualified to advise you on your questions and without sounding arrogant I doubt anyone here would be comfortable doing so notwithstanding the charter. I'd look for advice on how to best deal with your solicitor.

Best of luck OP.

mystic

Thanks. I only found out yesterday that a legal forum existed on here while googling 'book of quantum'. I had a quick read of the charter and didn't know if it was appropriate to post.

I'll delete the post if it's not appropriate.

MarkAnthony

mystic wrote: »

Thanks. I only found out yesterday that a legal forum existed on here while googling 'book of quantum'. I had a quick read of the charter and didn't know if it was appropriate to post.

I'll delete the post if it's not appropriate.

Sorry, I've no intention to backseat Mod, I just saw your post and thought I'd comment.

New posters here find threads locked and get the hump, in reality the mods go along way to accommodate people but asking the right questions in the right way will help you a lot, people here are really helpful.

Again not my intention to backseat mod, my contribution is just make sure you're getting all the info you want from your solicitor. Some people seem to get nervous dealing with them, don't be.

mystic

I've read through the charter and I think I adhere to the guidelines....hopefully!! I am not looking for legal advice per se, just opinions/experiences of the settlement process and what it entails.

mystic

Hopefully I've asked the questions in a general way. I didn't identify the hospital or the nature of my father's injuries.

By posting this thread it has helped me to clearly identify the questions to ask my father's solicitor later today.

Thanks.

Mr. Incognito

Tthese are very specific queries and is legal advice.

Your solicitor can answer these questions. Its what you are paying him or her for

goz83

I can only echo the above and add a little to help, without offering legal advice.

The purpose of a claim is to leave the injured party in the same position, as much as is financially possible, as before the party was injured. If there were no broken arm, a cast would not have been an expense. If there was no blood, there would be no dressings and no cost as such.

I hope this gives you some idea of what you need. I recommend you look here over the next 5 pages or so, as there is a thread about someones experience of the injuries board and court process. "War" is in the title thread.

Talk to the solicitor.

mystic

Apologies if I breached the charter. Met with the solicitor and had all questions answered.

Mods: Please delete or lock this. Thanks

kennM

goz83 wrote: »

I can only echo the above and add a little to help, without offering legal advice.

The purpose of a claim is to leave the injured party in the same position, as much as is financially possible, as before the party was injured. If there were no broken arm, a cast would not have been an expense. If there was no blood, there would be no dressings and no cost as such.

I hope this gives you some idea of what you need. I recommend you look here over the next 5 pages or so, as there is a thread about someones experience of the injuries board and court process. "War" is in the title thread.

Talk to the solicitor.

Hey goz... I pop back on here from time to time.... I'm guessing you're alluding to the one I wrote? http://www.boards.ie/vbulletin/showthread.php?p=93328566