Little up-date. Called a few other firms, none willing to take on the case, most have a KPI of settling in 2.5-3 years. I guess the pending legislative changes aren't going to help! My case manager called me following an ICBM e-mail to her and her boss. I felt as if I was taking to different person! I won't bore you too long.... Due to the "prognosis dates" I'm postponing any further action until March 2014, when I will have yet another medical examination. I was offered an interim payment, which I turned down, I made it clear that I'm not chasing the money, I simply wan the case handle properly, with some professionalism and compassion. Thanks for the guidance...:smile:
Eh? If you're not chasing the money, then why bring the claim in the first place? PI litigation (Personal Injuries) is purely and solely about money - how much money, if any, the claimant will get. If you have claimed money and are offered some without prejudice, why on earth would you turn it down? You seem to be getting some really bad advice in this case, just as you said yourself.
Of course it's about the money (compensation).... I simply don't want money now if it's not right to "settle" now, which is what I was being pressured to do. The interim payment payment IMO would be with prejudice... I'm no interested in accepting shut up and fVck off for now money.
A settlement means a full and final payment, and would terminate your case completely - but that would not be an interim payment. An interim payment is on terms which do not prejudice your case, i.e. your ability to go on claiming a larger figure, but which establish that your opponents have conceded they are liable. After they have offered and you have accepted an interim payment, they can no longer argue they do not owe you any damages, so you would be half way to winning the case. People often turn down a proposed settlement, if it is not big enough, but there is no reason for turning down an interim payment, surely? Still, it's your case and your life, so entirely up to you. Good luck. Feel free to PM me if you wish.
The interim payment was never an offer to settle, I was simply answering your point. But.... I'll set the scene, I'm busy ranting at them re their shitty service and poor handling of my case. I'm in mid-flow and they offer me an interim payment. Do I; a) Shut the fook up, take the titbit and wander of with my sails deflated? b) Carry on ranting/making my point, hopefully hammering my point home by refusing their offer?
Hang on, you were talking about dealings with your own solicitors, i.e. the solicitors who are acting on your instructions and on your behalf - they're on your side. Now you seem to switch suddenly to talking about an offer of an interim payment from the other side, i.e. from your opponents (the defendants to your claim). If your opponents offer you money, turning it down because you're quarrelling with your own solicitors looks rather like cutting off your own nose to spite your face. May I suggest you think this all through more carefully, in your own best interests?
Sorry, but now I cannot make head or tail of your posts, which seem to be wholly incoherent and inconsistent with one another. Can't help any further, I'm afraid.
I'm with Phil on this one Minster law are handling my case at the moment they are good, they have done a previous one for me and are completely on the ball, you also have a client login online so you can see where you are at.
Thanks, I did try Minster, sadly they turned me down. Pete, when did I mention the other-side? My Solicitor (the ones on my side/representing me/instructed by me/acting on my behalf) made me an offer of an interim payment. I don't know or care if this is normal practise. I can only assume that the offer was made to placate me as I was so pissed off at their performance and would have been in lieu of the final settlement from the other-side. (the ones not on my side/not representing me/not instructed by me/not acting on my behalf).
You might like to read this http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part25 As I'm reading the thread your are being asked if you would take an interim payment in lieu of the total outcome at court as the defendant has pleaded guilty and your solicitors know that you will be awarded damages It's not a ploy to get you to accept just any amount that's how I understand it Please feel free to correct http://www.farrarsbuilding.co.uk/cms/uploads/JLW-Interim-payments-14-09-2011-_3__002.pdf You might like to read this
Thanks Ducky, Really, really, I ain't bovvered about the interim payment...... Sorry I mentioned it now! I'm leaving the case where it is now, we (me and my solicitor) appear to have a new understanding, hopefully the result of all this will be positive!
They really are on your side (or at least should be). Let them do the worrying.........that's what they are paid for!
I guess they offered it to you because you were feeling the case wasnt moving quick enough I'm guessing an interim payment would help out in some cases especially if money is tight It's taken off at the end anyway so you get the money one way or another Though I'm glad your sorted and happier good luck
nelson, none of the above happened to me, i changed solicitors after 2 years and with the company i was alloted ( legal insurance provided by bike insurance) , i had 5 different solicitors from this firm, they lost my business accounts book, they where total crap, i changed to a small firm solicitor and dealt with one person who specailized in accidents, i did not have to pay the other solicitors bill, they are obligated to hand over all paperwork to the new solicitors once i had intructed them to do so and why, i listed all that i was unhappy about them, and the next week all my paperwork was sent to my new solicitor, he took it on , on a no win no fee, i paid for nothing to any solicitor, the old solicitors settled for £2000 for the work carried out before change and this was paid for by the other side, this was when the case settled in 2012 , started in 2007, my case was complex even though the other party admitted liability and policed prosicuted them, (4 points and £80 fine, me 3 months in hospital, told the wife i was going to die twice) anyway, i changed and nothing happened untoward and everything worked out fine, kev
