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Back Injury/Strain at work

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  • #16
    The form is the particulars.

    The shoulders were confirmed via MRI as bilateral shoulder impingement, tendinitis basically.

    Comment


    • #17
      Hi again,
      If it is just the particulars then things can be moved if further medical evidence indicates there is more to it. It may be sensible confirming you wish the claim to be issued at the value they suggest, but stating you wouldn’t want it to be taken as any indication of an amount that would be acceptable in settlement, without further advice from them on quantifying the claim.
      Have they requested the Court fee from you? Here can be quite a jump in the fees depending on the value that is indicated. It is common for lawyers to request court fees be paid by the claimant upon issue. If successful in your claim then this should be refunded as part of any costs order made.
      .
      I am a qualified solicitor and am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

      Comment


      • #18
        It is the union covering the costs. He did say it could be amended later on, but I don't have the most faith in anything connected to our union.

        Comment


        • #19
          Hi again,
          You need to protect the claim so get that signed off and as they say it can be changed down the line if needs be.
          I am a qualified solicitor and am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment


          • #20
            Originally posted by Peridot View Post
            Hi Sapfo,

            The problem you have as far as any medical evidence is concerned is if you obtain a further report from another expert you would need to fund this yourself usually and even if successful in your claim you may not be able to get the cost of this back from the Defendant.
            .
            Coerrect me if I'm wrong, but i'm certain that- if he has not recovered, or injured above and beyond what has been stated in his current medical evidence, then he should be refereed to another expert and the cost of another report should be recoverable.

            However, I if he gets a second medical report (the medical records will be reviewed) and if it is not conclusive of further injuries (or it reduces his injury) then he will have the dilemma of either having to disclose both reports (and recovering both fees) and receiving less money for his PI.

            Or, he will have to disclose the first report and then pay for the second one if he doesn't want to disclose it.

            Comment


            • #21
              Hi Alc1989,
              The comments regarding a second report were not in relation to an updating report which if justified would of course become payable by the Defendant if the claimant is successful. This was in relation to whether the GP report obtained is in fact the most appropriate report to have had prepared bearing in mind the alleged injuries sustained as a result of using the defective equipment.
              Hope that clarifies the issue for you.
              I am a qualified solicitor and am happy to try and assist informally, where needed.

              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

              If in doubt you should always seek professional face to face legal advice.

              Comment

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