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Claim Negotiations: an excellent result for award-winning dispute resolution team

11 May 2018

Written by Swinburne Maddison

Claims negotiations | Swinburne Maddison

Having an accident is not only stressful; it can also be life-changing.  When it happens, and you decide to make a personal injury claim, there are some important points to note before accepting any offer.

Recently, we acted on behalf of a gentleman who had been involved in a road traffic accident while out cycling. The circumstances of the incident were that the client was knocked off his bike by a car emerging from a side road.  

Initially, it appeared to be a relatively straightforward accident claim of limited value. However, it soon emerged that the injuries sustained to the client’s left leg were life-changing which resulted in him being medically retired from his job. 

The deterioration in his condition meant that the value of his claim rose significantly. Initially, the offers received from the third party’s insurance company were unacceptably low, and, as we were unable to reach a satisfactory settlement, Court proceedings were issued.

It is important to stress that in these cases, claimants should be wary of accepting the first offer, especially if it is a ‘pre-medical offer’ which we can never advise clients to accept given the risk that there are more serious underlying conditions which may significantly affect the value of their claim and which are not initially apparent.

It is tempting to the layperson to accept what might appear to be a generous financial settlement. However, by allowing time for careful consideration and negotiation of the offers put forward, and the obtaining of clear expert medical evidence, I’m delighted to say that, in this case, we achieved a settlement figure of £180,000; a significant achievement given that the insurer’s first offer was a paltry £15,000.

The success of this case clearly demonstrates the level of specialist knowledge and experience which Swinburne Maddison can offer, as well as the tenacity of the firm to secure the best outcome for our clients in everything that we do.

For more information, David Low can be contacted on 0191 384 2441 or by email on djl@swinburnemaddison.co.uk

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