Ex-miners take firms to court over 'inadequate compensation'

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  • Presumeably these are test cases and if they are sucessful, then the floodgates will open.
    Another potential area for masses of claims is undersettlements in simple traffic accidents. The way it has been working is that of the fixed costs of £1,200, half has already been paid to the referrer. This leaves about £600 to actually do the job. The only way to make a profit, is to accept the first offer that comes along. Anecdotally, a typical whiplash worth £5,000 is settled for about £3,000.

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  • So why has Mellor Hargreaves issued these cases out of the Leeds County Court when they are based in Oldham and the majority of the Claimants are based in South Yorkshire?
    Will be a bit awkward what with DJ Saffman (formerly of Saffmans) sitting at Leeds CC.

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  • Please let's not have any excuses for unprofessional conduct. If the only way to make a profit is to "accept the first offer that comes along", then don't take on the work.
    This is just what everyone could foresee when the Law society cravenly allowed referral fees aka bribes.

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  • Whilst there may be a commercial pressure on some Solicitors to settle RTA claims quickly there is also an over-optimism on the part of many Claimants as to the true value of their claim.
    The Court is unlikely to award £5,000 for a whiplash injury unless the Claimant has had significant symptoms for more than 2 years. Typically whiplash injuries have a shorter recovery period and have a lower value.

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  • Peter Sigee is entirely correct.
    Also predictive costs on a £3000 settlement would be £1400 and on a £5000 settlement would be £1800.

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  • You can act in your client's best interests and still make a profit. 'Dragging cases out' as the insurers put it, is often the only way to ensure you get the fair compensation result. Some clients do however know they are being undercompensated but simply won't take your advice, especially when Christmas is coming!

    And as for fixed RTC costs, just don't pay for your cases in the first place!?! I wish Solicitors as a whole would just send the claims managers packing...

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