If you are pursuing a personal injury compensation claim then you probably want to know the possible value of your claim (i.e. how much compensation you will receive). You may receive something called a “pre-medical offer” from the Defendant.
A pre-medical offer is simply an offer to settle your claim before you have been examined by a qualified and professional medical expert. It’s important to note that the Defendant is not being nice or amicable by making a pre-medical offer; it’s more than likely they’re only trying to save themselves some money.
Ultimately, it’s your choice as the Claimant, whether or not you want to accept a pre-medical offer! Or any offer made to you for that fact.
However, you should make an informed decision by reading this article first.
First, understand, how a personal injury claim is valued…
The value of a claim is based on medical evidence from a suitably qualified medical expert. In some cases you may need to be assessed by various experts in various fields of expertise.
The medical expert will then prepare a medical report which documents the accident, the injuries sustained, the effect of the injuries on your life, any effect on employment, and so on. The medical expert should also give a prognosis.
The value of your claim will depend of the nature, length and severity of your injuries and the effect on your life. Naturally permanent injuries are therefore more likely to be given a higher award. When medical evidence is obtained and approved, your solicitor can then consider the value of your claim.
In addition to looking at the nature and length of your injuries, your solicitor will consider past case law and the JSC Guidelines to determine a value to your claim.
Claims do not have a set value and it’s a case of negotiation with the other side. The value can be impacted due to risks in the case amongst other things. Note that we cannot value your personal injury claim without medical evidence covering all of your injuries.
If you settle your claim without medical evidence or whilst you are still suffering from injury, there is a real risk that you may under settle your claim. If you settle your claim and your injuries take a turn for the worse, you cannot then come back for more compensation.
Now let’s consider a pre-medical offer
Your claim may have just started and you may not have been examined by a medical expert, but the Defendant may offer you a sum to settle your claim. This may seem tempting as it’s a quick settlement, but there is a real risk that you’re settling for a sum lower than what your claim is actually worth.
Obviously there is also a risk that the sum offered is more than what your claim is worth meaning you could reject it and end up with a lesser amount further down the line – however this is much more unlikely.
Always consider why a pre-medical offer is being made!
When we win a compensation claim the Defendant has to pay, in addition to your compensation, your solicitors reasonable costs and disbursements. A disbursement is basically a bill or fee, such as for a medical report. Medical reports could cost £500 or more and the Defendant would have to pay for this when your claim is successful.
If you accept a pre-medical offer, the Defendant is saving money on such disbursements and costs. However the main issue for you as the Claimant is the value of the offer and pre-medical offers are usually very low.
As we cannot value your claim before medical evidence, we cannot advise acceptance of a pre-medical offer.
Without medical evidence we cannot say for certain whether the offer is a good offer or a low offer. If you are happy with the sum offered, it is your claim and you can accept it. However we would always want you to make an informed decision.
Your solicitor will always be happy to explain things to you. Our job here at The Injury Lawyers is to advise you and give you the required information so that you can make an informed decision.
