Injury compensation

[M1969]

I have been offered a final settlement compensation of £1000 for an incident where I suffered cuts bruises and swelling to my knee after falling down an uncovered man hole. I have no idea if this is a reasonable offer or not, could anyone advise?

[ummmm]

I think it's a very generous offer.

[Davethedog]

M1969 The lack of apology would have annoyed me.

Thing is if they apologised I suppose they are then accepting liability. However its hard to see who else would be liable.

Anyway good luck and glad your ok now.

[M1969]

Squarebear your question "Why do you believe your injury to be worth £1000", well since you have been so gobby and sarcastic I would have thought you would at least have read my original question....that is what I have been offered , I was asking if it was reasonable.

[redcrx]

"It was just cuts bruising & swelling and no perminant damage. was off work for a few days but thats all"

Then yes, Id say that £1000 is a very fair settlement.

[squarebear]

No I don't think it's reasonable. You get £1000 because of your stupidity? You should get zero.

[craft1948]

You could always donate it to 'Help for Heroes' if all you wanted was an apology.

[milly143]

£1000 is plenty. Take the money and run! Just watch out for open man holes.

[M1969]

Square bear - how can it be my stupidity. You dont know me you dont know the circumstances so wind your neck in fella and shut up...

Thanks to everyone else who answered my original question...

[squarebear]

All I know is that if you can't see an open manhole in front of you, you shouldn't be out of the house by yourself.

[mike11111]

Provided that you are fully recovered and suffered no economic loss ( i.e loss of earnings as a result) then £1000 seems more than generous to me. Fight it, and you could well end up with a lesser award plus costs, which could easily see you out of pocket. Your solicitor should have a table of awards consistent with any given case and will be able to advise you whether to accept or pursue the claim. Take his advice!

[M1969]

squarebear, you dont even deserve a response.

[gina32]

did you accept?

[M1969]

gina 32, yes I did accept.

[Sqad]

My good friend JTH has given good advice and I do feel, given the circumstances that 1,000 UK pounds is adequate final settlement of compensation.

Be sure that there will be no long term sequelae to your knee.

[Barmaid]

Sorry, I've only just seen this. Here is the "legal analysis".

When someone is injured as a result of someone else's negligence, the damages that can be awarded generally fall into two categories. One is "Special damages" - that is out of pocket expenses (trips to doctors, prescriptions, ruined clothes etc) and loss of earnings. The other is "general damages". General damages is compensation for pain, suffering and loss of amenity. The theory is that because the law cannot put you in the position you were in before you were injured, the only way it can assist is by way of compensation.

There are two ways of valuing generals. One is by reference to the Judicial Studies Board guidelines which give brackets for the likely awards depending on the type and duration of injury. However at the lowest level the JSB guidelines are not that helpful. The other way is to look at comparable cases.

In order to properly value an injury any lawyer would normally need to see either a full description of the injury or in more serious cases, a medical report. I really couldn't say whether £1k is appropriate in this case because I don't know what the recovery period was.

[ummmm]

I got hit by a car...that hurt a bit. I was on a pedestrian crossing with my 4 year old son and the bloke didn't see the red light because he was on his phone..! I got 6k but I would much rather not having had 10 years of pain in my knee.