Assessment list for personal injury

xxtippchickxx

Hey guys hoping someone could help so after 5years my claim been on the high court list just checking online that im down for a 3 day assessment List for april im just wondering does anyone know what this means

Please and thanks

Pat Mustard

If a PI action is being dealt with as an assessment, it means that liability is not an issue. This does not mean that the plaintiff does not have a fight on his hands, as the amount of damages will be at issue, and if there is an IB assessment or tenders to overcome, then there may be costs issues.

I assume that you have a solicitor if matters have been entered in a trial list?

xxtippchickxx

The Mustard wrote: »

If a PI action is being dealt with as an assessment, it means that liability is not an issue. This does not mean that the plaintiff does not have a fight on his hands, as the amount of damages will be at issue, and if there is an IB assessment or tenders to overcome, then there may be costs issues.

I assume that you have a solicitor if matters have been entered in a trial list?

Yes i have a solicitor dealing with the matter,was advised turn down injuries board settlement,all reports are up to date,no issue of liability and all receipts have been handed in as well as loss of earnings etc so am i right to think that this could be a settlement hearing or some agreement could be reached

Pat Mustard

A settlement could happen. Then again, it might not.

xxtippchickxx

The Mustard wrote: »

A settlement could happen. Then again, it might not.

great thanks was just curious if not than its up to a judge but as far as my solicitor is concerned the other side want it settled,

goz83

xxtippchickxx wrote: »

great thanks was just curious if not than its up to a judge but as far as my solicitor is concerned the other side want it settled,

All sides always want it settled. The only question really is for "how much"?

I hope it goes well and that you're doing well too.

nuac

Case may be settled, but you must be ready to fight it.

Look confident about going on with the case, and have your ducks and docs in a row.

Good luck

xxtippchickxx

nuac wrote: »

Case may be settled, but you must be ready to fight it.

Look confident about going on with the case, and have your ducks and docs in a row.

Good luck

Thanks guys for the advice if its not settled that day does that mean we are in the next high court date for my casse

Pat Mustard

We could only guess at that answer by making assumptions about the availability of your witnesses, that your medical reports are up to date, that all of your documents and pleadings are in order.

You need to ask your solicitor that question.

Uno my Uno.

The Mustard wrote: »

We could only guess at that answer by making assumptions about the availability of your witnesses, that your medical reports are up to date, that all of your documents and pleadings are in order.

You need to ask your solicitor that question.

It also depends on there being a judge available to actually hear the matter.

Best person to ask is your solicitor but the likelihood is that they won't know much because the HC lists are quite difficult to predict. You will get on eventually but it's very difficult to say how long that might take.

xxtippchickxx

Uno my Uno. wrote: »

It also depends on there being a judge available to actually hear the matter.

Best person to ask is your solicitor but the likelihood is that they won't know much because the HC lists are quite difficult to predict. You will get on eventually but it's very difficult to say how long that might take.[/QUOTE

thanks im in the last ten on the list so prob wont be heard till the next round

Uno my Uno.

xxtippchickxx wrote: »

Uno my Uno. wrote: »

It also depends on there being a judge available to actually hear the matter.

Best person to ask is your solicitor but the likelihood is that they won't know much because the HC lists are quite difficult to predict. You will get on eventually but it's very difficult to say how long that might take.[/QUOTE

thanks im in the last ten on the list so prob wont be heard till the next round

You could get lucky, I've had a case get on for that day from the bottom of the list. It's about who is available and for how long they are available.

Pat Mustard

Yeah, lists collapse sometimes, so it's possible to get on.

kennM

I wouldn't be surprised if you get a phone call the week before from the other party looking to negotiate settlement. Completely agree with nuac above amongst other posts.

That's the way mine went, dragged on for 4 years... other side were posturing to fight liability (God knows how they were even thinking this). Trial was down for Thursday, they pushed for a settlement meeting on the Monday. Personally thought they were going to play games and was 100% prepared to tell them where to go and see them in court. Turns out they ended up playing ball and we arrived a fair number and that was it. High court costs are expensive and the other side won't be keen to incur the cost if they have limited possible upside.

Best of luck!!! know exactly what you're going through at the mo

xxtippchickxx

kennM wrote: »

I wouldn't be surprised if you get a phone call the week before from the other party looking to negotiate settlement. Completely agree with nuac above amongst other posts.

That's the way mine went, dragged on for 4 years... other side were posturing to fight liability (God knows how they were even thinking this). Trial was down for Thursday, they pushed for a settlement meeting on the Monday. Personally thought they were going to play games and was 100% prepared to tell them where to go and see them in court. Turns out they ended up playing ball and we arrived a fair number and that was it. High court costs are expensive and the other side won't be keen to incur the cost if they have limited possible upside.

Best of luck!!! know exactly what you're going through at the mo

Thanks for the advice,its tough but no money will make up for the pain im still suffering but could do without the mental stress of all this carry on heres hoping its just money matters now as no issue of liability at all saw two more doctors this week for final reports and christ am i stiff

kennM

xxtippchickxx wrote: »

Thanks for the advice,its tough but no money will make up for the pain im still suffering but could do without the mental stress of all this carry on heres hoping its just money matters now as no issue of liability at all saw two more doctors this week for final reports and christ am i stiff

Know exactly what you're going through... it's a difficult time... even if it gets deferred a bit, hold tight. It all just boils down to numbers from a legal perspective - be sure to know a fair valuation yourself and don't be inclined to forget the turmoil that you've gone through. Don't give away anything on public forums either, naturally insurance companies would like to get any insight into mindsets before trial/negotiation etc. All the best! update us once done and dusted.

xxtippchickxx

kennM wrote: »

Know exactly what you're going through... it's a difficult time... even if it gets deferred a bit, hold tight. It all just boils down to numbers from a legal perspective - be sure to know a fair valuation yourself and don't be inclined to forget the turmoil that you've gone through. Don't give away anything on public forums either, naturally insurance companies would like to get any insight into mindsets before trial/negotiation etc. All the best! update us once done and dusted.

thanks but just off the fone with my solicitor and she told me that cus they running so far behind yesterday and today and im the bottom of the list i wouldnt be heard either so now im down 3days wages,still paying a creche and ive to wait another 6months

kennM

xxtippchickxx wrote: »

Thanks for the advice,its tough but no money will make up for the pain im still suffering but could do without the mental stress of all this carry on heres hoping its just money matters now as no issue of liability at all saw two more doctors this week for final reports and christ am i stiff

hang in there. There is an inordinate amount of mental stress that gets carried along with these things. Please God not too much longer. Insurance companies are very good at playing games and delaying things. They know they'll have to pay in the long run but they don't want to make it easy in any way shape or form.

xxtippchickxx

i actually am stressed about it im trying to move on with my life i need closure and this is still lungering in the background i know itts all a waiting game :mad: