Hi everyone my fiancé suffered a RTA in October 2012 his accident wasn't his fault which resulted in him having his brain injury and spending 5 long months in hospital having to re learn everything we take for granted.
We are going through the process of a personal injury claim, the police take the defendant to court next week (finally after being ajourned twice)
I just wondered if anyone else on here is or has been through the claim side and wondered just really how long it will take?
I know it will take a while but we just want to be able to move on with our lives not have to constantly worry about money etc..
Thanks x.
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xlOziixbabex
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Hi. we are going through the personal injury claim at present also. 2 of my children were involved in a RTA September 2012, we have done the court part and got a guilty verdict. Because of the age of the children this part could go on for years for us, because no experts can predict the future. I feel our lifes are on hold, and will never be the same again. Also feel that lots of things are taken out of my control, such a stressful time xx
We are finding it so hard too, we are only 22.. Living on our own (we did before his brain injury) he isint at work and won't be going back till atleast next year.. Just want to be able to move on with our lifes and plan a future together.... Brain injurys suck xx
Jack is 12 and Sophie 10, we have along way to go, just when you think things are getting easier, then another hurdle pops up, then another fight. Some days are just so hard and emotional. Brain injury certainly is sucks xx
not same thing but you could be looking 3 years longer if u want message me u can but ill not put it all on 2 much
This December it will be 4 years since my electrocution.. On my head.. I had clots & celultuis in my brain in 2092, still not recovered, so this was not helpful!
As it happened on holiday in Barbados , it is taking for ever. I am still waiting for a judgment from the court.
Until it is settled your life feels on hold.
I wish both of you good luck and my thoughts are with you all.
Mine took 4 years, and that's pretty usual. Not only due to the other side stringing it out to make it more tempting for claimant to settle low and early; it genuinely does take ages for long term care costs/earning potential to become clearer... In the meantime, make sure your legals push for 'interrim payments' as appropriate. Hang in there, look the other side straight in the eyes and don't blink. Doesn't help with planning 'new life' in the meantime, though, does it?!
Hi, thanks for your reply we have had intermim payments the "other" side also pay our rent on our house. They have been very good anything my partner needs he will get... But infind this very strange? Surley they wouldn't give as it's not been determined who was at fault x
Knowing nothing of your case and being no legal expert it's hard to comment. If 'they' have produced some money, however, then maybe that's because the insurance responsibility is not wholly dependent on the civil/criminal legal outcome, even if it helps/speeds things up? Your brief ought to be able to give some concise advice on that in plain English. Hopefully the brief has also explained the effects of interrims on the net amount payable from the final settlement. Briefs don't like being too definitive as they can't foresee the future, but try to get them to cut to the chase and talk likely figures/dates if you can...
Brain injury cases tend to be complex can take a long time, depending on the severity of the injury and a number of other factors. Where there are long-term or permanent effects, this can be in the claimant's best interests - it can take months or years to fully understand the long-term consequences of a complex injury and these need to be taken into account to ensure the right amount of money is awarded.
Is your solicitor a member of the Headway Solicitors List ( headway.org.uk/legal-advice... )? A specialist solicitor can often discuss your current financial situation and offer advice on benefits, possible 'interim payments' before the case is settled, and other sources of support.
We publish a booklet called 'Claiming compensation after brain injury' that answers some of these questions in more depth - if you would like me to post you a copy please send us a private message with your full name and address (click our username then the 'Send a message' button on the right to do this).
Alternatively, do get in touch with our helpline on 0808 800 2244 or helpline@headway.org.uk if you would like to discuss things in more detail.
It was over four years for me. Hated it, got fed p with everyone saying it will be done soon, then something else to argue over. Too many hospital appts, came away with more things wrong than I had in the first place. I settled against my family wishes because I was fed up of it, it wa very stressful and I didn't care about the money, I just wanted my life back.
I got money, I gave a lot of it away, it was put away to prevent me from being so free with it.
There is no wonder the solicitors say peopl make bette recoveries suddenly when the claim settles, they can't see how the stress the case causes makes people ill.
Too many medical professionals on the make by producing reports that favoured the insurance company by ignoring key evidence or just lying.
I sacked my first lawyer he was unsupportive and I would have ended up with zilch in his hands. 2nd lawyer and her Barrister friend were totally brilliant!!
Do not settle too early!!!! They will try to pressurise you to settle with low offers before adequate or complete diagnosis and assessments.
Keep your wits about you with insurance companies and watch out for private investigators filming you which is commonplace now with injury claims.
They will try to reduce your claim or even stop your claim using quite underhand methods. So be streetwise and stand your ground.
If you need any advice about how a claim works in practice, please ask? We will help you to avoid the traps and pitfalls.
Focus on recovery the most, but cover your paperwork too. Too many people focus on the end of the claims process without enough focus intbetween.
No amount if money can replace what you have lost.
But please ask any questions, I will give you straight answer if I can.
They filmed me, going to hospital, going to swimming pool, in a shop with my mum, walking my dog with my mum, it was over some months too, worse bit was realising that I was seeing open grief because they had been filming when my dad had brain cancer and was dying, the clothes I bought were for the funeral.
It was given to me to watch at Easter the following year.
All the specialist said the video was minimal use but it did show that I was always with someone.
Ours took just under 2 years. driver went to court 6 months after the accident and was convicted. Beleive me they will
try to rip you apart-stay strong-it will end soon. we got a few interim payments. Probably could have got more but we settled as we wanted to get on with our lives . the amount of the claim will be judged by the injuries sustained and what
you earned before and also projected earnings . You really need a top class solicitor. You will be examined by their doctors , your doctors and go through loads of tests-but it will end! stay strong and get all the advice you can x
Thanks for your reply, we have a good solicitor recommended through head way we have read up a lot about him and he has got some clients very good compensation claims, it is very hard as we are both only 22, the majorty of money comes from my wages from work as my partner gets next to nothing from the government which I feel is so wrong ... Hopefully something will get sorted soon so we can carry on with our life's x
Your partner should be getting disability living allowance at least(not income related) and your solicitor should be organising some on to advise you on the benefits you can claim. I feel really sorry for you as you are so young and it was hard enough for me to sort out things for my OH
and i am a bit more battleworn than yourselves! Any advise i can give you to help please let me know. If you send me a private message explaining what happened and the injuries etc i can let you know what happened in my OH's claim and see how relative it is?
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Update on son & Legal case began against Hospital Trust that failed him.
House advice... 
Astonishing improvement after almost 3 years
One of my Off Days
a year ago tomorrow
