Hi, I'm just writing to see if anyone has had similar experience of going through a compensation claim. I had a RTA 17 months ago and the other driver admitted liability which the insurers accept. I was diagnosed with concussion by the hospital and a couple of months later the GP diagnosed post concussion syndrome. I was very unwell last year and had 7 and a half months off work and then managed to go back to work doing 12 hours a week in January and I can still only manage 19 hours a week work now which I am struggling with. I have had 4 assessments set up by the solicitor which I had to travel across London for. The problem is each specialist is saying a different thing and the neurologist said that I dont have neurological injuries because the CT scan was clear and that it is a musculoskeletal injury from the whiplash that has caused chronic migraine and this is causing fatigue. However, he does not address my cognitive difficulties, or the post concussion diagnosis. The problem is the insurers have been very tactical and made a part 36 offer and have given me 7 days to accept or they will withdraw it. Based on the neurological report the solicitor now says it is a good offer and I would be at risk if I dont accept it. I have emailed my concerns which will be sent back to the neurologist but it can take months to sort out. Their offer basically will cover about one years loss of earnings, I dont know what to do and haven't got the energy to fight this further, it has been so exhausting when I'm already dealing with chronic fatigue.
Has anyone else had experience of this or advice on what to do?
Many thanks.
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Speak with the GP and ask for written validation of concussion syndrome ASAP, see if this gets you any where. Then phone up the people who made the offer and give them the updated information and ask for a re-review before you make a decision. Perhaps they will come back with a better offer. Or ask the insurers to give you a neuro-psyche evaluation. Good luck, let me know how it goes,Cindy
The neurologist had the medical notes from the doctor and the hospital, but just gave his opinion and ignored the pcs diagnosis. The insurers have extended their offer once so I dont think they will extend it again. The problem is that it will take weeks/months to get the neurologist to respond to the concerns we have. I just feel that I have been put in a corner now and its been exhausting.
Thanks for your reply, the insurers know that diagnosis is not complete and they are not giving time to get all the relevant reports sorted but this is part of the tactics evidently. It just seems very unfair and I dont know if I've got the energy to keep fighting this.
I am 19 Months through PCS / BI and I have to say that my solcators are doing a better job than yours. I have had various assessments for the courts including psycological and neuropsych. Mine point to PCS, psychological and BI low index with recovery expected within 2 years. This seems to be a stock answer and I need to under go reevaluation after 2 years. If you have been diagnosed with PCS, then I would not expect a settlement before 2 years. Just be ease you CT scan did not show and bleed outs or swelling does not indicate you have not suffered an injury. My private neurologist I saw for my health and not the courts said that they can do more detailed MRI and functional MRI, but if they found anything it would not help in any treatment.
There is some scepticism around PCS being a syndrome, sounds like the neurologist does not believe in it.
If the connection to your symptoms is whiplash, from my assessments the expected recovery would be a year, though mine does not relate to my migraine and fatigue.
Can the CAB help or do you have any additional legal advice through house insurance or professional body for a second opinion.
We did not agree with one of the assessments and rejected it and had one done by another specialist. Probably not an option in your timeframes.
Are you on any pain killers for the migraines like amitriptyline, sodium valproate, nortriptyline.
Hi, thanks for your reply. I'm on amitriptyline and have been for about 14 months now. I was told by the solicitor if I wanted another neurological report then I would have to pay for it myself. I think you are right about the scepticism around PCS as I have researched about this quite a lot. For me the issue is how it has affected my work and social life and recovery has been so so slow. It has taken 10 months just to have an increase of a few hours at work and I'm struggling with that. Its how it is going to affect my working life going forward as I was working full time before the accident. I rarely can cope with going out in the evening and on the rare occasion I do, it takes a couple of days to recover.
How are you managing now? Are you able to work and socialize?
I lost the employment I was in when the incident occurred. I now have a full time contract and have been given a limited number of weeks of paid sick so I can work reduced hours, but have agreed to drop to 28 hours a week. I get a lift in and my wife picks me up as I am not safe to drive after 7 hours at work. I have access to the medical room to lay down if I need. I sometimes do a mindfulness practice.
I have extended my driving to 2:30 if not working, with a rest, any traffic and it becomes problematic.
Rest:
Pretty much in bed at 8:00, until recently I had been sleeping over 12:00 hours a day. Sleeping does not mean I wake up feeling any better. Short sleep and I Feel worse.
Play:
I remember what it was like, used to be a Scout leader so an active outdoors life, now I can take the dog for a short walk, anything longer than 30 mins requires a rest at the coffee shop. My vision has been impacted so I get dizzy and sick with exercise. I have found walking over fallen leaves difficult with my body motion and eyes not correlating.
Tried to go out to a local band on Saturday, too loud, painful and crawling sound and too bright. My wife had to drop me back half way through. Followed by 2 days of migraine and stuck in bed without an energy to do anything. I believe the affect is similar to a level of autism.
Sounds like we have similar symptoms, I have pretty much put everything into my work so I can keep my job with no residual energy for my family. They have been very understanding, but hopefully not working Friday's I can put a bit of balance to work life. If I didn't need the money I would not be working the hours I do.
Hi, its good to hear that you have a full time contract and your employer sounds understanding. I have had to change jobs as my previous role was very demanding with targets and a lot of pressure. I now work part time for a charity and still struggle doing 19 hours a week even though it is spread out. Its hard to get a work/life balance as I find I often just boom and bust spending a lot of time recovering from working. Its quite hard to learn to pace yourself each day.
Having the Friday off sounds like it might be a good move to help get a bit of balance for you, I've found it is important to have something positive that you enjoy during week otherwise its just a long struggle.
Which firm are you using for your claim? I think it’s very important you use a good one. Recently we were hearing from someone who changed Solicitors literally on the settlement day but the new firm (the one we use) then took over the claim ...they told the judge it was not good enough and the 1st solicitor was not getting enough for the client. They settled for
10 TIMES MORE than the first solicitor!
I’m surprised you’re settling so soon as you sound to have issues. Have you any hearing or loss of taste issues? Fatigue is also caused when the brain has to work harder...when another part of the body isn’t working correctly/damaged. We have a balance issue which means the brain is constantly working at keeping upright ...the brain is doing the work. Hearing - one ear damaged so brain has to work harder to decide where the sound comes from, filters out unnecessary noises, is it back ground noise or is it the primary noise/a voice that you need to listen to ...so you see the brain can have big issues of fatigue rather ‘just being tired’.
I think you need to possibly look at the advice your getting. Also a Part 36 is an offer. You don’t need to take it. Do not be bullied. If you’re worried about you having to pay your own legal expenses then you need to put a counter offer back to them on a Part 36. This means they still have to pay your fees (assuming 100%liability has been admitted). This means that you are showing willing to negotiate. If that was there opening offer then they will go higher.
Honestly reading what you’ve written I think you need a better solicitor. I would recommend you ring Sarah Griggs at Irwin Mitchell. London. Her no is 020 7421 3996. She’s excellent.
Hi there, thanks for your reply and advice. It has been a busy few days but the deadline for the offer was last Friday and I was on the verge of accepting it when after talking to the solicitor again I realized that she hadn't given me the correct information on a number of things. The result is that I haven't accepted the offer.
I was wondering about changing solicitors and thanks for your recommendation, does Sarah Griggs specialize in brain injury and PCS? The firm I am with is Simpson and Millar who are on the list that Headway has but my original solicitor went on emergency annual leave a few months ago and hasn't returned yet so I have got a cover solicitor instead. Do you know how easy is it to change solicitors? I dont want to have to start again with sending in all the information.
Might seem a big deal but my son also has a brain injury. One question...remind me ...how did you get your injury?
I’ll write to Sarah Griggs now for you. Please can you give me your name, email address and mobile no and I’ll get her to contact you? I promise this is in full condentiality and I’m just happy to try and help you.
My son was in a hit and run -critical - his injury were catastrophic- no one expected him to live but he’s doing very well now. The police got the guy and he went to prison...but we are left supporting our son. Do you have a ‘legal friend’ to help you?
You can have a chat with Sarah or The Senior Partner called Alison Eddy-she’s lovely.
Yes Sarah Griggs does specialise in head injuries etc, got to IM website and look her up, head injuries etc are her thing and she has won some high case, all I’m saying is think before you act - you won’t be dealing with Sarah, you may speak with her once and you may meet her once but that’s it, then she will pass down to her team (of course that’s the way it is) I am going thorough a case with IM now, to say there communication is shocking is a massive understatement, read there reviews online first (wish I had) that’s not to say they won’t get the best out come for you, I’m sure they will, but don’t expect fast results as you won’t get them (I’ve been going through for 16-18 months now and only now are we staring to move slightly forward) good luck 😀
Hi ya, don’t know how your claim is going now as only just briefly read your posts, my advice would be stick with, don’t taken the money and run as that’s what they will be banking on you doing, my claim has been going on for 18mths now and all parties have denied liability which we knew they would, we have now got to the barrister stage which would cost in excess of 25j per day, all I’m saying is the further you are prepared to take it and the more time you are prepared to wait, the greater the pay out, your legal team should advise you on to take the offer or not, if they say not- then don’t, they will know roughly what you will get, if they say take it - take and run 🤑🤑
I’m with Sarah Griggs myself and would argue the brilliant point..........she may we’ll be bu Sarah will only over see the claim, no contact with Sarah in 16 months of May claim
Hi there, thanks for your comments and advice, it is helpful to hear from others who are going through it, as its all completely new to me! With my claim the other party has accepted liability as it was clearly her fault.
I had my accident causing tbi 24 years ago. My husband was driving his car with my daughter in the back. He skidded and crashed the car. I was unconscious for about 3 months. Then in rehabilitation hospital for 18 months. My husband was well insured so I was lucky I expect as I got paid from his insurance. No money in the world compensated for my injury but it has helped to get the assistance I require. I still have days when I wish I had died. I have medical and physical problems. My husband is now divorcing me and is entitled to part of my settlement, so I find it hard to believe that he is entitled to any of my settlement money but he is. I will have to change my life as he is divorcing me. I think why should he divorce me and take half my settlement money. The law stinks. That money was to assist me it should not be used as a divorce settlement. My solicitor says he is entitled to a percentage and is fighting for a large amount. So today is a bad day for me anyone else been through this situation. My case will end up in court as we cannot come to an agreement. I use to think I am lucky to be alive as I have a good settlement. I will never work again. He can work but does not .So do if you can get a good settlement ensure it is safe in your name. Who ever is working with you listen to them I was told this could happen but I trusted my husband🤔
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