Personal injury claim

artvanderlay

Hi,

I'm just looking for opinions/advice.

My wife had an accident in 2011. She was knocked to the ground by a security guard who was chasing after a shoplifter. She lost consciousness, and injured her arm and neck. She is a musician and music teacher and hasn't been able to do those things properly since her accident. She was self-employed at this time, and doing quite well, but hasn't been able to work in her career since then. Since this loss of her career, she subsequently developed a severe mental illness, and has been hospitalised numerous times (she never had any problems before this accident). Because of the complicated nature of her injury (nerve damage), as well as the mental health aspects, the personal injury board (PIAB) said they are not able to deal with this as it is beyond their remit. She has been to see numerous specialists over the years, and along with our solicitor, we met with a barrister in the Four Courts who asked my wife plenty of tough questions. It just seems to be very slow moving, back and forward between our solicitor and the third party insurers. We give them some report and they ask for something else. This whole experience has been very stressful for her and for me; her loss of earnings alone has had a massive impact on our lives, not to mention her mental illness. This is now going on for 6 years. I believe the third party insurers are wanting to sit down to look at her earnings prior to her accident, maybe to help them come up with a number for settlement.

Anyways I just wanted to check is there anything else we could/should be doing? And is 6 years waiting for a settlement crazy excessive?

Thanks a lot.

NUTLEY BOY

artvanderlay wrote: »

Hi,

I'm just looking for opinions/advice.

My wife had an accident in 2011. She was knocked to the ground by a security guard who was chasing after a shoplifter. She lost consciousness, and injured her arm and neck. She is a musician and music teacher and hasn't been able to do those things properly since her accident. She was self-employed at this time, and doing quite well, but hasn't been able to work in her career since then. Since this loss of her career, she subsequently developed a severe mental illness, and has been hospitalised numerous times (she never had any problems before this accident). Because of the complicated nature of her injury (nerve damage), as well as the mental health aspects, the personal injury board (PIAB) said they are not able to deal with this as it is beyond their remit. She has been to see numerous specialists over the years, and along with our solicitor, we met with a barrister in the Four Courts who asked my wife plenty of tough questions. It just seems to be very slow moving, back and forward between our solicitor and the third party insurers. We give them some report and they ask for something else. This whole experience has been very stressful for her and for me; her loss of earnings alone has had a massive impact on our lives, not to mention her mental illness. This is now going on for 6 years. I believe the third party insurers are wanting to sit down to look at her earnings prior to her accident, maybe to help them come up with a number for settlement.

Anyways I just wanted to check is there anything else we could/should be doing? And is 6 years waiting for a settlement crazy excessive?

Thanks a lot.

Not legal advice - just a view on the general issue(s).

Part of a defendant's waiting game is to see how well long term injuries are settling. If the prognosis is good there is value in waiting for improved or resolved symptoms before making a premature and possibly excessive settlement offer.

From the perspective of a plaintiff with the constellation of injuries described a long wait is advisable and advantageous. There is no bigger mistake for a plaintiff with serious injuries than to settle prematurely before the long term medical prognosis is clearer. (Clearer does not automatically mean resolved.) This view is on the assumption that there is definitely going to be a significant element of future losses in financial terms as well as pain and suffering. A premature settlement could leave a plaintiff under-compensated if the actual future outturn of the injuries goes poorly. A countervailing view is that if the injuries settle very well the final offer might be less ! It is a balancing act to form the right tactical view of this issue and timing is of the essence.

The significance of a plaintiff avoiding a premature settlement in a case like this relates to future lost earnings / loss of future earning capacity. In this case the solicitor will almost inevitably have to consult an actuary to evaluate the financial losses in to the future.

I assume that proceedings were issued against the defendant(s). If so, this case will not linger in limbo as it will have at some time to be set down for trial.

nuac

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Leaving open for general discussion, but asking for compliance with rule re legal advice

artvanderlay

Thanks @ Nutley Boy. Very helpful feedback. Puts my mind at ease a bit. Yes, proceedings have been issued. Hoping to get it all wrapped up this year!