Be Excellent To Each Other

Hello, (to anyone who may have any advice/Mr Chris)

A few months ago (I can't remember if I started a thread on here or WoS about it) I had an accident at work and you lot advised me to take legal action.

I did and it's in full swing, I've had my medical check up and they've admitted liability. Just got a letter off my solicitor with another thing for me to sign. Basically, it's asking if I agree to a pretty measly sum for "Past care & assistance". The "past loss of earnings" section has no claim in it.

Basically, is this sum all I'm going to get, or is this alongside the compensation I may get for all of the other usual crap such as pain and suffering and the like? Because for this sum of money, worked out at a "standard hourly rate" of about a fiver, it doesn't seem worth the hassle for either me or my solicitor. Obviously, free money is not to be sniffed at, but this seems a little bit small.

Will I be likely to receive further compensation in addition, or is "past care & assistance" literally all I'm going to get?

Can't help, sorry. That does sound a bit like a form for quanitifiable moneys though, rather than emotional stuff and stress and worry and that.

Can't you ask the solicitor about it? I would've thought all their fees would be paid by the employer.

Yeah, my solicitor is kind of a faceless firm. I actually had an interview with a guy who does the paperwork, so I've never spoke to the solicitor directly. It is an option, though

I'm not Mr Chris, but I can't resist a legal question.

The things you mention are classed as "special" damages - these are direct, quantifiable expenses, money you've lost as a result of your accident to date and that you can put an exact agreed figure on. (Other stuff which often comes under this heading: damage to any of your stuff which had to be replaced, costs for travel to hospital, prescription fees, insurance excess, that sort of thing). They have nothing to do with the rest of the claim - that mostly comes under the heading of "general" damages, the bit most people think of as "compensation", i.e. pain, suffering & loss of amenity (usually the big one), loss of future earnings (can also be huge), any future expenses you wouldn't have had to meet were it not for the accident, etc.

So, no, this won't be all you'll get, their insurers' solicitors and your solicitors have probably come to a number for "past care and assistance" to cover any money you've already had to pay out for your treatment etc to date and want you to agree it so they can get that out of the way - most of the wrangling and arguing over compensation in PI cases is usually over general damages, or over whether certain bits of special damages are admitted, not over the *amount* of special damages claimed - but if you really did lose out on some earnings up to now due to your accident, you probably want to check with your solicitor to make sure they will be claiming something under that heading.

Excellent! Thank you, oh Purveyor of Legal Pedantry. Best first post ever? Welcome to BETEO!

What Le Revanche said.* However, before signing anything, discuss it with your solicitor. The last thing you want is to be signing something that is waiving any claim for anything *other* than past care and assistance....

*A fellow lawyer? Awesome. Actually, that means I can't pretend to know as much as I think I do any more. Boo.