The first offer of £5,000 leads to a settlement of £25,000
Claimant settles for 500% more than the insurers first offer.
A recent case settled by Levenes, illustrates the importance of considering the medical history of the Claimant carefully and also being tough in negotiations with insurers.
Should you accept first pre-medical offer?
The Claimant was injured in an accident at work. He was attempting with a colleague to lift a car roof which weighed about 100kg.
This was a dangerous work practice because the weight was far too heavy for 2 men to lift between them. His work colleague could not manage it, and the Claimant then was holding the entire weight, and as a result he injured his shoulder.
It so happened that the Claimant already had a problem with his shoulder for which he needed surgery.
Levenes therefore had to consider, what the extra damage was to his shoulder from this incident on top of the injury he already had.
His previous injury had not stopped him from working, although he needed an operation on it.
The additional injury meant that he needed a more serious operation with a longer recovery period and he was off work for a few months.
Before any medical report had been obtained, the insurers, who admitted liability, made an offer of £5,000.
This type of offer, known as a “pre-medical” offer has become quite common.
Insurers often make these offers, which they hope the Claimant will be tempted to accept to bring the claim to a rapid conclusion.
Pre-medical offers are occasionally attractive but usually, they bear no relation to the true value of the claim.
Does the first offer reflect the full value of a personal injury claim
Frequently, we find that insurers have pulled a figure out of the air and that figure does not represent the losses, which can include surgery costs, care and assistance and loss of earnings.
If this type of offer is accepted, without a medical report having been obtained, then the Claimant is gambling on his recovery, assuming that he will recover well and quickly.
Some clients will decide to accept this, but we generally advise against it because at a stroke of a pen, you are giving up the right to claim what could be many thousands of pounds.
Only when a medical report has been obtained can a proper assessment be made.
In the case of this Claimant, he wisely agreed not to accept £5,000. His claim was settled for £25,000 – 500% more than the first offer.
Can insurers withdraw their offers?
Insurers can withdraw offers and sometimes they do, but that is quite rare.
It may be tempting to take an offer to see a quick end to the case, but that is risky and very often the Claimant can do much better.
We will help you to make your decision on any offer that is made, including the pros and cons of accepting or rejecting an offer, using our experience and expertise to advise you on how best to ensure that you get the compensation that you deserve.
At Levenes our personal injury lawyers have more than 100 years combined legal experience making us the perfect team to handle your settlement negotiations and we will fight to get you the best result.
There are some firms who are only interested in getting a quick settlement so that they can get paid and close your file. At Levenes, you case will be handled by someone with experience, expertise and who has your best interests at heart.
Our specialist lawyers can help victims involved in an accident recover compensation. You will need expert advice on what action you can take to obtain accident compensation. You can trust in the experience and knowledge of our team of professional injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.