I have recently taken a claim over from a well known “litigation factory” firm of solicitors. The accident, which occurred about 18 months ago, resulted in our client suffering a fracture to her left arm. Shortly afterwards she developed the classic symptoms of Complex Regional Pain Syndrome
Type 1 (“CRPS“) and was referred to her local pain clinic by her GP.
Her solicitors failed to take a detailed medical history and decided that it was sufficient to obtain a medical report from a consultant in accident and emergency medicine through a medical agency. The consultant described the symptoms of CRPS as “unusual and unlikely to have been caused by this accident. It is doubtful that there is an identifiable cause for them“.
Her solicitors persuaded her to disclose the report and attempt to settle the claim. An offer of settlement of £6,500 was received and they advised her to accept it “as there is a very significant chance that a judge would award you less at trial“. At that point she found our website and contacted us.
The papers arrived a few days ago and we are obtaining medical records prior to referring her to a consultant far better qualified to comment upon the cause of her CRPS, the treatment she requires and her likely prognosis.
Interestingly, when I wrote to the Defendant’s insurance company to advise them that we had taken over the claim, they replied immediately offering to settle the claim for £10,000. When I telephoned them to confirm that before considering any offer we needed to obtain more appropriate medical evidence, the claims handler asked me “well how much is your client looking for to settle now? She must have a figure in her mind.”
As we have discussed in earlier blogs on this site, the insurance industry despise cases involving chronic pain conditions and are often desperate to settle them before the true extent of the Claimant’s condition becomes clear. Whilst this may be tempting to some, early settlement is fraught with danger. A classic example was a case that we took over early last year where our client was very tempted by an offer of £20,000. Fortunately she decided against accepting it and the claim was settled in March this year for £150,000.
Accident victims who develop a chronic pain condition such as CRPS, Fibromyalgia or Neuropathic Pain, need to seek advice from a solicitor who understands their condition. Should you wish to discuss your claim with a specialist chronic pain solicitor, please feel fee to call us on 01225 462871, or complete our Contact Form. You are under no obligation to instruct us and your call will be treated in the strictest confidence.