Whiplash Payouts

jcarrer · 13-07-2019 12:42pm #1

Hi all,

Just a quick one. Have had an ongoing personal injuries case dating back from the start of 2017. Basically I was injured in an accident (whiplash, some damage to a muscle in my neck), other party are liable...it’s on cctv and there is no disputing their liability. I still have an ongoing issue with my neck, I receive physio on it quite regularly. I’m still able to participate in sport but it’s not gone away yet.

I’ve engaged a solicitor and also have gone through the piab process their recommendation was very low so was rejected and now I have got a court date set for 2 months time.

Last week there was a settlement meeting. My solicitor initially thought the case was worth close to 60,000. Their offer was 30,000 which he is now encouraging me to take as their opening offer was 15,000.

I’m just unsure what to do given the climb down from 60,000. What have other people’s whiplash settlements been and would I be better off going to court given it’s still ongoing?

Dht · 13-07-2019 12:49pm

If settlement figure in court is less than pre court offer of 30k you will be liable for court costs

ronin88 · 13-07-2019 12:49pm

I’m in a similar position myself OP.

I was rear ended well over 3 years ago. Went through PIAB and their offer was deemed too low so went through the courts. I’m at roughly the same stage as you now, had settlement talks and I’m currently considering an offer or whether to go to court.

I’ve read of similar situations where it’s still ongoing and people are awarded 40,000+ and I’ve also read very similar ones where people get 12,000.

I’m definitely no expert here and maybe others can share their stories and what they settled for

Eggs For Dinner · 13-07-2019 12:50pm

Take it to court

nuac · 13-07-2019 1:35pm

Mod
We cannot give legal advice here. Forum is for general legal discussion
Some procedural suggestions
1. If case is within two months of trial I presume Counsel, Junior and probably Senior are already onboard.

2. I also presume that all pleadings have been closed, and that all notices for particulars etc have been fully dealt with and vouched.

3. JC and/or SC will probably have advised on proofs - that would have included getting all medical reports and other relevant reports up to date

4. Items 2 and 3 above should be substantially dealt with before any settlement meeting. Your counsel should do the negotiating - And I so recommend after many years as a solicitor

Good luck

jcarrer · 13-07-2019 1:55pm

Thanks for the replies.

I suppose I’m just wondering what people in a similar situation settled for?

It’s been over 2 years, still symptomatic

soups05 · 13-07-2019 2:50pm

I was rear-ended back in 2014, was recently told by solicitor that because I recovered well(within two months) and there are no ongoing issues she expects an offer of 3-4000. apparently not exaggerating injuries is a bad thing these days? I prob paid out more in inflated premiums these past 5 years.
no idea about points 2 and 3 from nuac's post as only one i speak to is solicitor about once a year when she can be bothered to respond.

in short, every case appears to vary wildly from a payout point of view. don't worry about hat others are getting cos only the big payouts get the headlines, if it suits you settle. if not......roll the dice.

Irishphotodesk · 13-07-2019 3:11pm

My opinion would be to take the offer, the level of awards will drastically drop in the coming months, if you are still symptomatic the matter should be further adjourned.

Also, there is a little piece of court procedure which is strangely rarely highlighted:

If you are awarded by a court less than the settlement offered (in this case €30k) before court action, you can be held liable for the legal costs of the difference (which over a period of 2months could be extensive). If you are accepting the offer - is it inclusive of legal costs or are you expected to pay your own costs out of it?

It is a bit of a gamble, you have been injured, you are entitled to be compensated ....the level of compensation is what the haggling is all about, are you happy with €30k or do you think you should get more (ignoring what the solicitor originally valued the case at, sometimes they get it wrong) ... of course, the solicitor may have underestimated the value too but the value is close to the limit in civil court and at the lower end for high court.

Hope the injury clears up.

nthclare · 13-07-2019 3:15pm

I would do whatever my solicitor suggests, they wouldn't put you astray.

That's a reasonable payout, 30,000...

Id take the money and walk.

hullaballoo · 13-07-2019 3:28pm

Dht wrote: »

If settlement figure in court is less than pre court offer of 30k you will be liable for court costs

Irishphotodesk wrote: »

My opinion would be to take the offer, the level of awards will drastically drop in the coming months, if you are still symptomatic the matter should be further adjourned.

Also, there is a little piece of court procedure which is strangely rarely highlighted:

If you are awarded by a court less than the settlement offered (in this case €30k) before court action, you can be held liable for the legal costs of the difference (which over a period of 2months could be extensive). If you are accepting the offer - is it inclusive of legal costs or are you expected to pay your own costs out of it?

It is a bit of a gamble, you have been injured, you are entitled to be compensated ....the level of compensation is what the haggling is all about, are you happy with €30k or do you think you should get more (ignoring what the solicitor originally valued the case at, sometimes they get it wrong) ... of course, the solicitor may have underestimated the value too but the value is close to the limit in civil court and at the lower end for high court.

Hope the injury clears up.

The costs penalty only applies if the offer is tendered.

If it's an offer made at a without prejudice settlement meeting or even in writing unless expressed to be an offer under s 17, then it could be any amount, you don't have to beat it and there's no costs penalty.

jcarrer · 13-07-2019 7:44pm

Thanks all.

I trust my solicitor but I also know that the difference in getting 30,000 or 35000 means nothing to them. While it’s a lot of money to me and towards my future expenses.

I’ve read in the piab’s book of Quantum that a neck injury of this sort that has this time frame on it usually has a settlemy of between 30,000 and 50,000. So that has thrown me somewhat

hullaballoo · 13-07-2019 8:16pm

We've not seen your medical reports or anything that would guide us, nor will we. So asking here whether your claim is worth €30k or €60k is pointless. As far as we can tell, the answer is yeah somewhere in that range probably.

But there are a few prevailing factors that apply now that didn't in 2017. Firstly, general damages for personal injuries have been recalibrate downwards by the Court of Appeal. Secondly, there is a lot of well publicised pressure on the Courts to reduce awards and it is having an impact notwithstanding that damages are supposed to be restitutional. Thirdly, the jurisdictional limits for the District
Court and Circuit Court have increased, which has had the effect of lowering awards across the board below the Circuit Court jurisdictional limit of €60k. Fourthly, there is a strong likelihood as mentioned above that some further attempt will be made either through legislation or by product of the Judicial Council to reduce whiplash type injuries further still.

Tbh, even before all of the above somewhat new factors, a €60k estimate for a whiplash type injury was always highly optimistic.

Dav010 · 14-07-2019 2:58pm

jcarrer wrote: »

I still have an ongoing issue with my neck, I receive physio on it quite regularly. I’m still able to participate in sport ?

Are you concerned that they may produce a video of you playing sport while claiming damages for whiplash/neck injury?

I’m minded of recent high profile cases of Marie Bailey running a mini marathon and a guy working out in a gym while making claims.

hullaballoo · 14-07-2019 3:49pm

Dav010 wrote: »

Are you concerned that they may produce a video of you playing sport while claiming damages for whiplash/neck injury?

I’m minded of recent high profile cases of Marie Bailey running a mini marathon and a guy working out in a gym while making claims.

Absolutely nothing in the OP or any of his posts to suggest that's the case.

You're jumping the gun there.

Dav010 · 14-07-2019 8:05pm

hullaballoo wrote: »

Absolutely nothing in the OP or any of his posts to suggest that's the case.

You're jumping the gun there.

What case? it’s a question, not an assumption. Might the fact the op is able to play sport effect the award?

jcarrer · 15-07-2019 5:19pm

hullaballoo wrote: »

We've not seen your medical reports or anything that would guide us, nor will we. So asking here whether your claim is worth €30k or €60k is pointless. As far as we can tell, the answer is yeah somewhere in that range probably.

But there are a few prevailing factors that apply now that didn't in 2017. Firstly, general damages for personal injuries have been recalibrate downwards by the Court of Appeal. Secondly, there is a lot of well publicised pressure on the Courts to reduce awards and it is having an impact notwithstanding that damages are supposed to be restitutional. Thirdly, the jurisdictional limits for the District
Court and Circuit Court have increased, which has had the effect of lowering awards across the board below the Circuit Court jurisdictional limit of €60k. Fourthly, there is a strong likelihood as mentioned above that some further attempt will be made either through legislation or by product of the Judicial Council to reduce whiplash type injuries further still.

Tbh, even before all of the above somewhat new factors, a €60k estimate for a whiplash type injury was always highly optimistic.

I suppose I’m just wondering that is 40k or above unheard of in similar instances

jcarrer · 15-07-2019 6:04pm

Dav010 wrote: »

Are you concerned that they may produce a video of you playing sport while claiming damages for whiplash/neck injury?

I’m minded of recent high profile cases of Marie Bailey running a mini marathon and a guy working out in a gym while making claims.

No, I admitted it to the piab consultant when he assessed me. He asked was I still able to participate in sport and I told him I was based purely on the fact that I am. It plays up at times and I can’t play or train but I’m only playing club so I can’t pretend like it’s holding back my inter county aspirations or anything.

I suppose what I’m worried about is the symptoms not clearing. I’m trying to get a rough estimate of what others in similar situations settled for.

Mad_maxx · 20-07-2019 12:11pm

jcarrer wrote: »

No, I admitted it to the piab consultant when he assessed me. He asked was I still able to participate in sport and I told him I was based purely on the fact that I am. It plays up at times and I can’t play or train but I’m only playing club so I can’t pretend like it’s holding back my inter county aspirations or anything.

I suppose what I’m worried about is the symptoms not clearing. I’m trying to get a rough estimate of what others in similar situations settled for.

It's important to bear in mind that the PIAB appointed consultant is not entirely impartial, they represent the PIAB who are aiming to minimise the payout, the consultant in turn will do their best to play down the extent of your injuries

Eggs For Dinner · 20-07-2019 4:02pm

Mad_maxx wrote: »

It's important to bear in mind that the PIAB appointed consultant is not entirely impartial, they represent the PIAB who are aiming to minimise the payout, the consultant in turn will do their best to play down the extent of your injuries

PIAB are there to assess the loss, they have no reason to minimise (or inflate) a payout. Why do you think they do?

hullaballoo · 20-07-2019 5:05pm

For once I'm in agreement with Eggs for Dinner. I'd better check my blood pressure.

Mad_maxx · 20-07-2019 10:07pm

Eggs For Dinner wrote: »

PIAB are there to assess the loss, they have no reason to minimise (or inflate) a payout. Why do you think they do?

They are a tool of the insurance industry.

Eggs For Dinner · 20-07-2019 10:30pm

Mad_maxx wrote: »

They are a tool of the insurance industry.

They are not

Fanny Wank · 21-07-2019 9:04am

Eggs For Dinner wrote: »

They are not

Remember its the legal discussion forum.

The PIAB when set up

- increased awards
- replaced eye watering legal fees with a far smaller charge for assessing the claim

Prices came down massively. Everyone bar the legal profession was happy.

Even today every claim settled through it results in legal fees that could have been paid if it went through litigation not being paid. Of course solicitors will seek to bad mouth it

Whiplash Payouts

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