Question about compensation again.

[Sara_H]

Just wanted your thoughts CycleChatters.

As some of you will know I was deliberately run over by a road rager nearly two years ago, who was subsequently imprisoned for assaulting me and dangerous driving.

I used Slater and Gordon law firm to claim against the driver as they were the firm used by CTC which I'm a member of.

I've been a little concerned all along with how Slater and Gordon have managed my case. They are managing it as "an accident" and don't seem too interested in fact that I've been victim of a violent criminal assault and have focussed entirely on my physical injuries and not at all on the psychological trauma.
They suggested settling a while back and suggested a figure based on the medical assessments I've had. At this point I myself suggested that a psychological assessment might be useful as I'd like to claim damages for the psychological trauma I've suffered.
So they arranged this. This week they've sent me the psychologists report and suggested settling. The figure they have suggested settling for is exactly the same as the the figure the were suggesting before the psychology assessment.
Essentially they are completely ignoring the Mental trauma.

An I being stupid here in thinking that I should be able to claim for psychological trauma in these circumstances.
I'm not being cynical here, this event has had a significant impact on me and I live my life completely differently as a result of it (without going into too much detail).

Any advice? thoughts? I was wondering about getting a second legal opinion but I don't know if this is something that happens as a rule.

 

[vickster]

I'd ask the lawyer. Is your case being handled by a solicitor / partner or paralegal? If the latter, I would ask to speak to their boss. Ask outright what is being considered in the settlement figure? What exactly did the psychological report say, you should have received a copy? Did the psychologist give you any indication of the implications of the report?

I'm not sure if you can get a second legal opinion? I guess you could ask to talk to the head of the cycling accident practice at Slater & Gordon? I guess they do see it as a civil accident claim rather than criminal

Can you speak to Victims Support, see what they say? Perhaps the psychological trauma side needs to be handled separately. I think there is a criminal injuries board or similar?

I too saw a psychologist, my claim is ongoing, a figure was suggested by the lawyers handling my case, but due to other developments, I never got into the detail about how it was calculated

Hope you get sorted soon

 

[Sara_H]

Whats grinding my gears is that they haven't factored the psychological trauma into the settlement figure at all. Which doesn't seem right to me.

It seems obvious to me that the deliberate and violent nature of the assault should be considered as part of the claim. I just wondered if I was completely wrong.

 

[vickster]

I think you'd need to talk to someone high up the chain in slater & Gordon. Should be able to find head of team details on website. If your contact is being awkward, just email the boss and copy them in. I am not sure if the violence is considered by a civil PI lawyer, hence perhaps contact victim support / criminal injuries people?

https://www.gov.uk/government/organisations/criminal-injuries-compensation-authority

S&G should at least be advising but you may need to speak to someone better versed in such rather than pure traffic incidents

I would assume you can claim for ptsd, certainly a quick google suggests such. Assuming the psychologist report supports that

 

[fatblokish]

Can I infer that the criminal case did not include any order for compensatory pay? If so, do you know why this was not ordered?

 

[Sara_H]

Can I infer that the criminal case did not include any order for compensatory pay? If so, do you know why this was not ordered?

I didn't apply for it as slater and Gordon advised me that it would be covered by their claim.

 

[foot_loose]

You get damages for injury suffered. It makes no odds whether it was deliberate or an accident. If you have suffered a psychiatric injury eg depression / PTSD / anxiety disorder, you would be entitled to a sum for this as well as for any physical injuries. Merely being upset upset comes under general damages for "pain and suffering" and would not really add anything. Most solicitors instruct a psychiatrist, not a psychologist.

 

[Houthakker]

You should have had a "Client care letter" which would tell you who would deal with your case, and who their supervisor is. That should be your first point of contact. If no joy with that, the letter should also tell you who you can complain to if you are not happy with the service. Good luck with it Sara_H

 

[Sara_H]

You should have had a "Client care letter" which would tell you who would deal with your case, and who their supervisor is. That should be your first point of contact. If no joy with that, the letter should also tell you who you can complain to if you are not happy with the service. Good luck with it Sara_H

No I don't think I did. The first paralegal who was managing it left very suddenly. I only found this out after a few months of radio silence from them - she'd not handed her case load over and it seems were clients were only being picked up when they made contact to find out what was going on.
Its been a shambles all along to be honest.

 

[vickster]

On that basis, I'd definitely be getting in touch with the senior partner. Which office is handling the case?

 

[Sara_H]

On that basis, I'd definitely be getting in touch with the senior partner. Which office is handling the case?

Sheffield.

 

[Sara_H]

You get damages for injury suffered. It makes no odds whether it was deliberate or an accident. If you have suffered a psychiatric injury eg depression / PTSD / anxiety disorder, you would be entitled to a sum for this as well as for any physical injuries. Merely being upset upset comes under general damages for "pain and suffering" and would not really add anything. Most solicitors instruct a psychiatrist, not a psychologist.

Yes. My point is that they haven't taken account the psychologists report and added any amount of money to the settlement fee to compensatefor the psychological trauma.

 

[User16625]

Just wanted your thoughts CycleChatters.

As some of you will know I was deliberately run over by a road rager nearly two years ago, who was subsequently imprisoned for assaulting me and dangerous driving.

I used Slater and Gordon law firm to claim against the driver as they were the firm used by CTC which I'm a member of.

I've been a little concerned all along with how Slater and Gordon have managed my case. They are managing it as "an accident" and don't seem too interested in fact that I've been victim of a violent criminal assault and have focussed entirely on my physical injuries and not at all on the psychological trauma.
They suggested settling a while back and suggested a figure based on the medical assessments I've had. At this point I myself suggested that a psychological assessment might be useful as I'd like to claim damages for the psychological trauma I've suffered.
So they arranged this. This week they've sent me the psychologists report and suggested settling. The figure they have suggested settling for is exactly the same as the the figure the were suggesting before the psychology assessment.
Essentially they are completely ignoring the Mental trauma.

An I being stupid here in thinking that I should be able to claim for psychological trauma in these circumstances.
I'm not being cynical here, this event has had a significant impact on me and I live my life completely differently as a result of it (without going into too much detail).

Any advice? thoughts? I was wondering about getting a second legal opinion but I don't know if this is something that happens as a rule.

2 years!! That is way too much time for me to continue fighting legal battles. Time is one of the most precious resources you have. I would personally accept the original offer and cut my losses. Otherwise you will end up wasting a good chunk of life not doing the things you would really like to be doing and then end up very old before you know it.

 

[vickster]

Sheffield.

Best find the PI lead for Sheffield and email. Or they seem to have criminal injuries compensation experts too

I'd get in touch with this lady directly, copying whoever is dealing with your case

http://www.slatergordon.co.uk/our-experts/jane-cooper/

And this guy given his role http://www.slatergordon.co.uk/our-experts/matthew-evans/

Or perhaps there's some contact info in here
http://www.slatergordon.co.uk/media-centre/blog/2015/03/road-rage-on-the-rise-in-the-uk/