How much is my ankle worth?
Comments
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EKE_38BPM wrote:Note to self:
1) Never ask Spen for advice
2) Never turn to Spen for sympathy
So last week I was in agreement with Breakfast, now I find myself springing to Spen's defence. Confusing times indeed.
Spen is a practising solicitor and has experienced a bad accident which left him off the bike and off work for a period last year. He is therefore well placed to offer both advice and sympathy, but to be honest the OP really needs to be sure which he wants.
I presume Spen, like most solicitors has a daily struggle with clients who have been advised by their mates down the pub of how much they should be claiming because they new someone who had the 'same' thing happen to them or have a in depth knowledge of the legal process gleaned from watching a couple of episodes of Law and Order.
I'm sure if you want genuine legal advice Spen will, as a fellow commuter, give you some general guidance on how to proceed. I'm guessing the gist of this will be get a solicitor with experience in this area and listen to them.
If you want sympathy I'm sure he'll give you that too.
The one thing he won't do is stand back and say nothing while other posters, who frankly haven't a clue fill your head with bad advice and nonsense. You may characterise that inability to keep quiet as Tourettes but I think you're badly misjudging him.
The West Wing is great TV.
Also a LoveFilm membership and one of those lists of '100 films to see before you die' would be time well spent“New York has the haircuts, London has the trousers, but Belfast has the reason!0 -
Anyone ever mentions the above post again and I'll deny it ever happened!“New York has the haircuts, London has the trousers, but Belfast has the reason!0
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TailWindHome wrote:EKE_38BPM wrote:Note to self:
1) Never ask Spen for advice
2) Never turn to Spen for sympathy
So last week I was in agreement with Breakfast, now I find myself springing to Spen's defence. Confusing times indeed.
Spen is a practising solicitor and has experienced a bad accident which left him off the bike and off work for a period last year. He is therefore well placed to offer both advice and sympathy, but to be honest the OP really needs to be sure which he wants.
I presume Spen, like most solicitors has a daily struggle with clients who have been advised by their mates down the pub of how much they should be claiming because they new someone who had the 'same' thing happen to them or have a in depth knowledge of the legal process gleaned from watching a couple of episodes of Law and Order.
I'm sure if you want genuine legal advice Spen will, as a fellow commuter, give you some general guidance on how to proceed. I'm guessing the gist of this will be get a solicitor with experience in this area and listen to them.
If you want sympathy I'm sure he'll give you that too.
The one thing he won't do is stand back and say nothing while other posters, who frankly haven't a clue fill your head with bad advice and nonsense. You may characterise that inability to keep quiet as Tourettes but I think you're badly misjudging him.
The West Wing is great TV.
Also a LoveFilm membership and one of those lists of '100 films to see before you die' would be time well spent
QFT
You can't deny what you've written TWHFCN 3: Raleigh Record Ace fixie-to be resurrected sometime in the future
FCN 4: Planet X Schmaffenschmack 2- workhorse
FCN 9: B Twin Vitamin - winter commuter/loan bike for trainees
I'm hungry. I'm always hungry!0 -
EKE_38BPM wrote:TailWindHome wrote:EKE_38BPM wrote:Note to self:
1) Never ask Spen for advice
2) Never turn to Spen for sympathy
So last week I was in agreement with Breakfast, now I find myself springing to Spen's defence. Confusing times indeed.
Spen is a practising solicitor and has experienced a bad accident which left him off the bike and off work for a period last year. He is therefore well placed to offer both advice and sympathy, but to be honest the OP really needs to be sure which he wants.
I presume Spen, like most solicitors has a daily struggle with clients who have been advised by their mates down the pub of how much they should be claiming because they new someone who had the 'same' thing happen to them or have a in depth knowledge of the legal process gleaned from watching a couple of episodes of Law and Order.
I'm sure if you want genuine legal advice Spen will, as a fellow commuter, give you some general guidance on how to proceed. I'm guessing the gist of this will be get a solicitor with experience in this area and listen to them.
If you want sympathy I'm sure he'll give you that too.
The one thing he won't do is stand back and say nothing while other posters, who frankly haven't a clue fill your head with bad advice and nonsense. You may characterise that inability to keep quiet as Tourettes but I think you're badly misjudging him.
The West Wing is great TV.
Also a LoveFilm membership and one of those lists of '100 films to see before you die' would be time well spent
QFT
You can't deny what you've written TWH
I have a lot to answer for....Chunky Cyclists need your love too! :-)
2009 Specialized Tricross Sport
2011 Trek Madone 4.5
2012 Felt F65X
Proud CX Pervert and quiet roadie. 12 mile commuter0 -
TailWindHome wrote:Anyone ever mentions the above post again and I'll deny it ever happened!
WTF Spen666? - mend your ways. Just so you know, solicitors are 10 a penny these days and I don't need to be insulted to get legal advice.
Professed knowlege is worse still, incidentally. The first part of wisdom is "I do not know" and "laywer" is about as generic a terms as "scientist" or "engineer". I've watched the forum on and off for some time and repeatedly banging on about the difference between civil and criminal burden of proof, where magistrates sit and so on is, I think, 1st year university or A-level law. Other than correcting that sort of thing (which is no better or less annoying than correcting someone's grammar) I don't see that there is sufficent special skill and knowledge to justify the condescending tone. In this case he's been dramatically unhelpful and has greatly over stated the futility of the question, as I've pointed out.
I've been through this process myself in the past, but in another country and in relation to a much less significant event. Perhaps my question was unsubtle, but I was probing for precisely the sort of information I've ended up getting - little tips and odds and ends which, if my own solicitor fails to mention any of, I'll be able to sense that I will have to do a little more leg work at my end.
FYI - its looking like £25k +/- £8-£10k or so. Its possible to figure that out from the information provided in the first post, I think, so sorry to have bothered a busy solicitor. Perhaps someone out there might be able to tell me if thats a "no-win-no-fee process them fast" type of range, but its not important.
In response to some other posts - why the worry that I'm fixating on compensation?
I've had a lot of time to fixate on my pain and prognosis and the mountain I now have to climb. I've also spent an appropriate period mourning the loss of my summer and all of the other normal thoughts one experiences, such as anger, fear etc. Yesterday I fancied a change of scene. But don't be left in even the slightest doubt that if this happens to you, all you want is to get well. The rest is of almost no importance in comparison.0 -
you an online gamer at all FA? WOW has just unleased a free (up to level 20) version...Le Cannon [98 Cannondale M400] [FCN: 8]
The Mad Monkey [2013 Hoy 003] [FCN: 4]0 -
MonkeyMonster wrote:you an online gamer at all FA? WOW has just unleased a free (up to level 20) version...0
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First aspect mentioned the magistrates first I think (opening post)First Aspect wrote:This will cost him a £180 fine and 6 points.First Aspect wrote:. The driver's criminal case, if there is one at all, is not my concern.
Spen is right, Mitigation in the legal sense has no bearing whatsoever in civil case, when asking for advice and getting correct advice why then argue - if your not going to listen to the advice given then do everyone a favour and DON'T FLAMING WELL ASK! If you just want to 'get it off your chest' say so and we'll let you do that and make the right noises!
SimonCurrently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.0 -
First Aspect wrote:TailWindHome wrote:Anyone ever mentions the above post again and I'll deny it ever happened!
WTF Spen666? - mend your ways. Just so you know, solicitors are 10 a penny these days and I don't need to be insulted to get legal advice.
Professed knowlege is worse still, incidentally. The first part of wisdom is "I do not know" and "laywer" is about as generic a terms as "scientist" or "engineer". I've watched the forum on and off for some time and repeatedly banging on about the difference between civil and criminal burden of proof, where magistrates sit and so on is, I think, 1st year university or A-level law. Other than correcting that sort of thing (which is no better or less annoying than correcting someone's grammar) I don't see that there is sufficent special skill and knowledge to justify the condescending tone. In this case he's been dramatically unhelpful and has greatly over stated the futility of the question, as I've pointed out.
I've been through this process myself in the past, but in another country and in relation to a much less significant event. Perhaps my question was unsubtle, but I was probing for precisely the sort of information I've ended up getting - little tips and odds and ends which, if my own solicitor fails to mention any of, I'll be able to sense that I will have to do a little more leg work at my end.
FYI - its looking like £25k +/- £8-£10k or so. Its possible to figure that out from the information provided in the first post, I think, so sorry to have bothered a busy solicitor. Perhaps someone out there might be able to tell me if thats a "no-win-no-fee process them fast" type of range, but its not important.
In response to some other posts - why the worry that I'm fixating on compensation?
I've had a lot of time to fixate on my pain and prognosis and the mountain I now have to climb. I've also spent an appropriate period mourning the loss of my summer and all of the other normal thoughts one experiences, such as anger, fear etc. Yesterday I fancied a change of scene. But don't be left in even the slightest doubt that if this happens to you, all you want is to get well. The rest is of almost no importance in comparison.
Spen's bedside manner takes some getting used to....
We've had a few threads on here in the past about accidents, solicitors, compensation etc and it's an interesting topic. What is an injury "oworth"? What is the "value" of something which money cannot remedy? You don't get that sort of discussion on TrainRidersRadar or whatever other commuters' forums are called.0 -
First Aspect wrote:MonkeyMonster wrote:you an online gamer at all FA? WOW has just unleased a free (up to level 20) version...
Just something to help the pass the time and its free...Le Cannon [98 Cannondale M400] [FCN: 8]
The Mad Monkey [2013 Hoy 003] [FCN: 4]0 -
The Beginner wrote:First aspect mentioned the magistrates first I think (opening post)The Beginner wrote:First Aspect wrote:This will cost him a £180 fine and 6 points.First Aspect wrote:. The driver's criminal case, if there is one at all, is not my concern.
Do you still think I'm making it up?Spen is right, Mitigation in the legal sense has no bearing whatsoever in civil case, when asking for advice and getting correct advice why then argue - if your not going to listen to the advice given then do everyone a favour and DON'T FLAMING WELL ASK! If you just want to 'get it off your chest' say so and we'll let you do that and make the right noises!
Simon
In context, I think I've already addressed the issue of mitigation vs. liability (on behalf of someone else) and I also believe it is in any case quite clear what that person meant.
On a related matter, your punctuation is abysmal. Mitigation shouldn't be capitalised and you use commas far too frequently. Inverted commas should be used instead of apostrophies. Annoying isn't it?0 -
dunno if its relevant but tesco offered me £900 when i slipped on a badly laid aco drain in one of their carparks. they said £900 was all they would pay out of court. I was happy with that for a sprain.Veni Vidi cyclo I came I saw I cycled0
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First Aspect wrote:Setting aside issues such as damage to property and loss of earnings (none as yet), how much would be a reasonable offer from an insurance company? Anyone work in insurance and know the upper and lower limits? Anyone had injuries of similar severity and had settlements?
Knowledge is power, as they say, and it would help to have at least some idea in order to assess how good my solicitor is!! That, and I have a lot of time on my hands just now.
NB: I understand that each case must be considered on its own particular facts, so I request in advance not to be notified by everyone with legal experience that I've asked an impossible question, blah. Part of this thread is about catharsis and the therapeutic value will be negated by know-it-alls (yes, I've followed the odd thread on this forum!!!)
I've been watching this thread from afar. Seems the best place to be.
OP, you have my sympathies for your injury. That's that cleared away.
There were mixed messages in your post: first "what might I be able to push for", and secondly, "I know this is an impossible question". What, I wonder, did you expect to hear?
Parsing it down a bit, the value of your injury in a court can probably be determined within a reasonable margin of error by looking at Kemp & Kemp. However, I suspect that the exercise would require rather more clinical information that you've provided (or are able to provide).
Next, the job of your solicitor is to advise you as to that. If you're not confident in him/her, go elsewhere. You'll almost certainly get a better second opinion from another solicitor than your will from the internet.
Finally, your question is, as I see it, a bit more subtle: it is not "what is my injury worth", it is "what might I get from an insurance company". An insurer may choose to run a contributory negligence defence. For settlement, the chances of that succeeding present a risk factor that has to be considered. It will also know that you're unlikely to run a claim to trial, and discount accordingly. In addition, what insurer A will offer may not be what insurer B will offer.
I'm in the camp that sees the question as rather futile, I'm afraid, for those reasons. It doesn't seem to me that you're likely to get an answer upon which you could base a decision. Which was, presumably, the point of the exercise.
On the upside, I've no doubt that this has been a cathartic exercise for you. Huzzah!0 -
First Aspect wrote:I have also been advised that the penalty where I live is £180 and 6 pointsFirst Aspect wrote:Annoying isn't it?
You sure are, come here asking for help and then go all offensive on us when what you say makes no sense and we try and plow through it, I'll be kind and put it down to the injury for now though.
The Lord helps those who help themselves.
Simon
P.S. I know my English is poor, its something I try and work on, doesn't make my advice wrong though does it? Content all still there? I could call you an ********* **** but it wouldn't move the discussion on at all, so out of politeness I won't!Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.0 -
Ahhhh folks - the guy's just come here to chew the cud about an accident he's had and pass a few hours he's now got free with like minded / experienced people about what he might get in way of compensation for the injury he's sustained.
It's the on-line version of going down the pub in a group and nattering about what's topical. Instead of which he's got 1/2 dozen people accusing him of spilling their pint, another load going "now then, now then... caaaaaalm down" and the smug git in sandals and a cardigan waving his empty pipe and telling everyone they're wrong.Chunky Cyclists need your love too! :-)
2009 Specialized Tricross Sport
2011 Trek Madone 4.5
2012 Felt F65X
Proud CX Pervert and quiet roadie. 12 mile commuter0 -
Kieran_Burns wrote:Ahhhh folks - the guy's just come here to chew the cud about an accident he's had and pass a few hours he's now got free with like minded / experienced people about what he might get in way of compensation for the injury he's sustained.
It's the on-line version of going down the pub in a group and nattering about what's topical. Instead of which he's got 1/2 dozen people accusing him of spilling their pint, another load going "now then, now then... caaaaaalm down" and the smug git in sandals and a cardigan waving his empty pipe and telling everyone they're wrong.
WHAT ARE YOU LOOKIN AT?“New York has the haircuts, London has the trousers, but Belfast has the reason!0 -
Kieran_Burns wrote:Ahhhh folks - the guy's just come here to chew the cud about an accident he's had and pass a few hours he's now got free with like minded / experienced people about what he might get in way of compensation for the injury he's sustained.
It's the on-line version of going down the pub in a group and nattering about what's topical. Instead of which he's got 1/2 dozen people accusing him of spilling their pint, another load going "now then, now then... caaaaaalm down" and the smug git in sandals and a cardigan waving his empty pipe and telling everyone they're wrong.
+1 But the smug git is in SPD sandals and wearing socks.FCN 3: Raleigh Record Ace fixie-to be resurrected sometime in the future
FCN 4: Planet X Schmaffenschmack 2- workhorse
FCN 9: B Twin Vitamin - winter commuter/loan bike for trainees
I'm hungry. I'm always hungry!0 -
Kieran_Burns wrote:Ahhhh folks - the guy's just come here to chew the cud about an accident he's had and pass a few hours he's now got free with like minded / experienced people about what he might get in way of compensation for the injury he's sustained.
It's the on-line version of going down the pub in a group and nattering about what's topical. Instead of which he's got 1/2 dozen people accusing him of spilling their pint, another load going "now then, now then... caaaaaalm down" and the smug git in sandals and a cardigan waving his empty pipe and telling everyone they're wrong.
Indeed. And like the old saying, too many smug gits spoil a forum. Or...um... something like that. :?0 -
Greg66 wrote:Advice from a legal professional and fellow commuterThe rest of the internet wrote:dunno if its relevant but tesco offered me £900 when i slipped on a badly laid aco drain in one of their carparks. they said £900 was all they would pay out of court. I was happy with that for a sprain.“New York has the haircuts, London has the trousers, but Belfast has the reason!0
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Well Greg66, I think I've got just about what I expected, with the exception of the rudeness and aggression from a couple of people (which baffles me). Perhaps the question could have been framed better, but there have been a few useful things. I cast it bretty broadly, because you never know who you are going to stumble upon do you? I should have realised that actuaries only communicate in binary and that insurance adjusters would delay posting for as long as possible, however. :-D
For example, I spoke to my solicitor today and (based on someone's experience here) I had a chat about this particular insurance company and their propensity to stall or otherwise. That was useful.
EDIT: Of course, the very statement that the question is futile itself conveys useful information. Five minutes on google will give you some numbers from various solicitors. Even if the numbers are correct, there is at least a school of thought that it is better to say nothing than to provide estimates at this time. This makes sense to me - thank you.
The drunk chap called Simon propping up the bar and swearing at incommers seems to have wet himself. Can someone take him home?
Apologies - I'm not sure what I did to annoy you and I don't see where I've been offensive to anyone. Defensive, sure, but as I did with you, I've only responded in kind. Banter is fine, Simon, but you aren't bantering I'm afraid.0 -
TailWindHome wrote:Greg66 wrote:Advice from a legal professional and fellow commuterThe rest of the internet wrote:dunno if its relevant but tesco offered me £900 when i slipped on a badly laid aco drain in one of their carparks. they said £900 was all they would pay out of court. I was happy with that for a sprain.
Did you just call his pint a poof? :shock:0 -
Greg66 wrote:TailWindHome wrote:Greg66 wrote:Advice from a legal professional and fellow commuterThe rest of the internet wrote:dunno if its relevant but tesco offered me £900 when i slipped on a badly laid aco drain in one of their carparks. they said £900 was all they would pay out of court. I was happy with that for a sprain.
Did you just call his pint a poof? :shock:
Yeah, and he said you ride a hybrid. Thems fighting words.FCN 3: Raleigh Record Ace fixie-to be resurrected sometime in the future
FCN 4: Planet X Schmaffenschmack 2- workhorse
FCN 9: B Twin Vitamin - winter commuter/loan bike for trainees
I'm hungry. I'm always hungry!0 -
First Aspect wrote:The drunk chap called Simon propping up the bar and swearing at incommers seems to have wet himself. Can someone take him home?
Keep posting.
I reckon you're going to be one of our wittier contributors.
DDD will be along in minute, that's usually good for killing a couple of hours.“New York has the haircuts, London has the trousers, but Belfast has the reason!0 -
First Aspect wrote:Banter is fine, Simon, but you aren't bantering I'm afraid.
SimonCurrently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.0 -
What chip on my shoulder? I think I'm being prety phlegmatic in relation to the driver.
I'm not sure what the rest of the text is on about, to be honest. I see you made a really helpful point early on, but then you went quiet for 3 pages before exploding at me on account of a legal point (a) I hadn't really contested - other than the tone and (b) I didn't raise in the first place.
I think that we should perhaps call it a day. If you want to insult me some more, I'm happy to be insulted in a private message.
NB: By the way, someone PM'd me with a fairly closesly analogous injury and recovery time, and their own experiences with the insurance claim process. I had a hunch someone would, becaus a broken ankle is fairly common. For all of those calling me unrealistic, stupid, rude, futile, etc. - its okay because you weren't to know. Feel free to continue without me.0 -
The Beginner wrote:I clearly shouldn't have trusted you to know your ars* from your elbow
It was his ankle“New York has the haircuts, London has the trousers, but Belfast has the reason!0 -
to quote op:
Knowledge is power, as they say, and it would help to have at least some idea in order to assess how good my solicitor is!! That, and I have a lot of time on my hands just now.
NB: I understand that each case must be considered on its own particular facts, so I request in advance not to be notified by everyone with legal experience that I've asked an impossible question, blah. Part of this thread is about catharsis and the therapeutic value will be negated by know-it-alls (yes, I've followed the odd thread on this forum!!!)
So, lets summarize:
Dude has accident, not his fault, badly wrecked ankle.
Dude is upset wants a bit of TLC from forum and perhaps some advice or experience.
Dude possibly wants to know value of compensation - i.e. similiar experienced people - what did they get and what did they need to do (keep receipts and so on)
Dude probably bored and wants a chat - allot of time on hands....
This whole thread really proves the lawyer stereotype.......my wife included in this stereotype.
They cannot leave the "being right" bit alone and just chat and let things lie, i.e. ignore and carry on, maybe offer a couple of nuggets of advice or suggestion - e.g. keep receipts, learn a new language while off work, let the Police and Solicitor deal with it, maybe check in and get some medical reports, keep x-rays....I dunno! Recommend a good book!
Fossyant has given the perfect reply:
Smashed ankle sounds nasty.
I'm 2.5 years post accident, took over 2 years to get op on my shoulder, and 4 month's post surgery, I'm still in alot of pain, and I am taking meds to block the nerve damage pain (which looks permanent).
The operation fixed my shoulder mechanically but it's still very painful when putting any weight on it. I do not have a clue what my PI will be. I'm about £1500 out of pocket having spent £2000 on physio and a few hundred on bike repairs, then on-going medication, travel costs etc - I've only had part of the physio re-imbursed so far.
Only your solicitor can give you those answers. Have you seen an independant consultant yet - for the 'damages/injury'. I have my second visit next month - this one being post surgery.0 -
TailWindHome wrote:Greg66 wrote:Advice from a legal professional and fellow commuter
He's a bin-man from Croydon, don't let him fool you.0 -
W1 wrote:TailWindHome wrote:Greg66 wrote:Advice from a legal professional and fellow commuter
He's a bin-man from Croydon, don't let him fool you.
That's Refuse and Recycling Technician to you, laddie...0 -
PM me.
With your injuries and loss of earnings , 6 figures is achievable.0