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Opinion on 'Value' of my claim based on this medical report

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  • Opinion on 'Value' of my claim based on this medical report

    This is the medical report. My solicitor is suggesting put forwards £7500, with acceptance over £5000.

    He's pushing me to instruct him to settle, even though I've just provided a witness to strengthen the claim.




    "This report has been provided for The Court with information contained in the solicitorís letter of instruction, brief Occupational Health records and¬* G P records from June 2016. ¬* Identity was confirmed by passport and driving licence.¬* ¬*







    PAST HISTORY







    Mr lives with his partner.¬* He has four children, three of whom live at home.¬* He works on assembly for _________, where he has worked for seven years.¬* His interests include boxing and attending a gym.




    Review of medical records confirms that his health in the past has been good although he has psoriasis and he has long term anxiety due to problems at work.¬* He was involved in a motorcycling accident in 2012 but all injuries settled completely.¬* He has keratoconus of his left eye which has resulted in a degree of visual disturbance.¬*




    There is an entry in his occupational health records which states that he had right shoulder pain in October 2015.¬* He was seen at ******* Hospital and an ultrasound scan was performed.¬* I have not seen the report on this scan but I assume that there was no major problem since no significant action was taken.¬* Further details may be available should relevant records be reviewed in the future.




    ¬*

    HISTORY OF¬* PROBLEM







    Mr ****** states that he started work for ******** in January 2012.¬* He performed various jobs but he had no problem for about four years.




    In January 2016 he was changed to a job where he had to use an overhead crane on rollers to move differentials and then position them in vehicles.¬* This involved considerable pulling and twisting, the process being repeated about 300 times each shift.




    At first he was aware of considerable strain on his shoulders and back but he coped for several weeks without discomfort.







    PROGRESS







    Soon after starting the job the rollers became worn and defective and he had to use much more effort to move the differentials.¬* He very quickly began to develop discomfort and stiffness in his shoulders and in the central part of his back.¬* He reported the problem but although help was promised no immediate action was taken.




    He continued to work over the next two weeks during which time he had increasing pain and stiffness in his shoulders and in his back.¬* He went to his occupational health department where physiotherapy was arranged but he was not informed of the subsequent appointment and therefore he received no treatment.¬* He saw his G P and he was prescribed Naproxen but this is not recorded in his medical records.




    About two weeks after reporting the problem the rollers were fixed and he continued to perform the job with the usual degree of physical strain.¬* Symptoms continued but he then had physiotherapy on his shoulders with some improvement.¬* He took Paracetamol and Ibuprofen.




    The situation remained unchanged over the next few months but at the end of 2016 he had to take nine months off work due to work related stress.¬* In spite of this prolonged period of rest he continued to have pain and stiffness in both shoulders and variable discomfort in the central part of his back.




    He returned to work in August 2017 following which he coped with light work for about six months.¬* He still had shoulder and back pain but there had been some improvement.




    In October 2017 he had a detailed assessment of his shoulders by a physiotherapist.¬* It was stated that he had previously had an MRI scan in 2016 which confirmed bilateral shoulder impingement.¬* He was found to have good movement of both shoulders although he still had pain at the limits of movement and on strain. ¬*




    Aggravating factors were overhead activity, attempting to hold his arms at head level for prolonged periods of time and carrying his youngest child.¬* It was suggested that he might see an orthopaedic specialist.




    Unfortunately he continued to have work related stress and he has been unable to work since April 2018 although he now feels that he would be able to return.




    He still has pain in the front and the upper aspects of both shoulders on strain with some aching at rest.¬* In spite of this he can cope with all routine activity but he avoids strenuous activity.¬* He has aching in the central part of his back which is increased by strain and he feels that all symptoms have been unchanged for a prolonged period of time.¬* No further treatment is contemplated.







    EFFECTS ON LIFESTYLE







    Following the onset of pain in his shoulders and back Mr ****** continued to work and he took only one week off work in 2016 as a result of shoulder pain.¬* Two prolonged periods of time off work have been due to stress.¬* He now feels that he would be fit to return to work if suitable work was to be offered.




    Activity at home has been restricted by ongoing symptoms and he has returned to boxing or to his gym.¬* He has been less involved with his children when symptoms have been particularly troublesome.

    ¬*




    EXAMINATION¬*







    Mr ******* presents as a healthy man who is right handed.¬* He gives a clear account of his problem although some details may be vague due to the passage of time.




    Examination of his shoulders reveals no abnormality.¬* In particular there is no tenderness around either joint and all shoulder movements are full and pain free.




    Examination of his thoracic and lumbar spines reveals no abnormality.¬* In particular spinal contours are normal, there is no tenderness over the spinous processes or associated musculature and all back movements are full and painfree.




    There is no other relevant abnormality on general examination.










    OPINION







    Mr ******* suffered pain and stiffness in both shoulders and in the central part of his back following repetitive strain at work in March 2016.¬* Even though the major cause of the strain was eventually removed symptoms have continued.




    Examination of his shoulders excludes major damage and MRI scans have revealed impingement.¬* This is consistent with the repeated strain as described.¬* It seems that the situation, after expert assessment, is not considered sufficient to require surgery.¬* He has had physiotherapy and performed exercises, and had prolonged rest during time off work due to stress.




    The present situation is that he continues to complain of discomfort in certain circumstances but he has good movement and he can cope with all routine activity.¬* Shoulder problems often run a very prolonged course but it is likely, if he able to avoid excessive strain, that his shoulder problems will eventually settle but this could take five years from the time of onset of symptoms.¬* No further treatment is indicated as long as the situation does not deteriorate.




    He has continued to have pain an stiffness in the central part of his beck although this no longer prevents normal activity.¬* Examination excludes major damage and symptoms are due to soft tissue injury.¬* It is difficult to understand why progress has been so slow but it is likely that his physical symptoms have been exacerbated by ongoing stress and frustration.




    It is very difficult to predict the outcome of long term back symptoms but I feel that there is a good chance of his back returning to normal in the next year or two as long as he avoids excessive or repetitive strain.




    In the last three years Mr ****** has suffered considerable stress due to problems at work and I feel that he has been in a vicious circle where physical and psychological problems have each exacerbated the other.¬* He feels that his level of stress is now much reduced and it would be very much to his advantage, from all points of view, to return to work"






    ¬*
    Last edited by SAPFO; 14th May 2020, 10:42:AM. Reason: Spelling
    Tags: None

  • #2
    Ula¬*Has this site died? Nobody seems to reply anymore?

    Comment


    • #3
      You are asking us to give you an opinion on the value of your claim which is based on case law and other guidelines which only solicitors or equivalent will have access to. Without trying to be rude, how can you expect us to comment on the value of your medical report without having the facts of your case, medical history and other relevant information?

      If you are concerned about what your solicitor has put forward, why don't you ask them to explain how they've arrived at their decision and outline your concerns. If you still don't agree, then get a second opinion.

      At the end of the day, you're asking for advice which is way beyond the realms of this forum and venturing into specialist legal advice and it would be sensible to stay in the lane otherwise you might end up risk losing your case and/or paying extra unnecessary costs.
      Check out some useful guides below

      A guide to voluntary termination
      Seting aside a CCJ
      Completing an N180 Form (Courtesy of Jaguarsuk)

      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

      Comment


      • #4
        Actually, it was this forum a few years back that suggested a valuation was low, and told me to which JC Guidelines edition they used. Turned out it was around 15 year old, and I settled for double what they originally suggested. What is this forum for, if we have to Ďstay in our laneí and not ask questions?

        Comment


        • #5
          I get that, but your question, as the title of your thread says, is an opinion on the value of your claim and being frank, nobody can just value a claim on the basis of a medical report alone because there could be other contributing factors that we are not aware of which could reduce/increase a valuation.

          I'm not a PI expert but I have dabbled in it for a short period of time in my early days and the main method of valuing a claim for general damages is the JC Guidelines and past case law. Then you would have to investigate any special damages such as loss of earnings, cost of treatment, travel and other costs etc. Then there's mitigating and aggravating factors and that's where your medical history might come into play.

          Can you now see that putting a figure on a claim is not so simple? If you are looking for a rough estimate then there are plenty of PI websites who provide an injury calculator based on the JC Guidelines to give you an idea of what your injury could be worth.

          Like I said however, you have instructed a solicitor who knows more about your case than us and it would not be good practice for us to contradict or try to put a view on something we have no idea about, hence why I suggested in my last post you question your solicitor on how they've arrived at that figure. Once you've had that explanation then you can determine if it is within range.

          I get the impression you are the type of person who wants answers now and immediately - your second post was only 2 hours from your original and then you're going on like what's this forum for (doesn't come across very well). There could be a number of reasons why no one has posted, either because we all volunteer and have our own jobs, or that we just simply don't know the answer to your question. The forum is made up largely of consumer related issues and granted there will be the odd PI and other areas of law but it is not a law firm where you will get free legal advice on everything.

          I think I've given you enough of a starting point in my two posts so I'll leave it there and wish you luck in getting your claim resolved. Of course others might chime in to assist if they have the experience.
          Check out some useful guides below

          A guide to voluntary termination
          Seting aside a CCJ
          Completing an N180 Form (Courtesy of Jaguarsuk)

          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

          Comment


          • #6
            If you canít give advice on the question asked, then donít waste your life replying. I ainít got time for sarcastic mods.

            Comment


            • #7
              That's fine, I will say no more and make sure to avoid your posts if you have any other issues in the future.
              Check out some useful guides below

              A guide to voluntary termination
              Seting aside a CCJ
              Completing an N180 Form (Courtesy of Jaguarsuk)

              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

              Comment


              • #8
                Hi SAPFO, we are a group of volunteers that supports a broad range of legal areas with our knowledge and expertise. However those of us that provide our time freely, are not always available on demand nor do we always have the answers to what is being asked.

                In those instances where we cannot provide a direct answer we do try to provide guidance as to where you may get the answers and these have been provided, suggesting PI calculator websites, speaking to your solicitor, if you have not already done so and asking for the detail behind their view of the value of your claim and reviewing any recent case law that is similar in nature to your situation.

                I hope that these may help you in your endeavours to double check the information being provided by your lawyer.
                Last edited by Ula; 15th May 2020, 15:42:PM.
                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.


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                Comment


                • #9
                  hello, referencing google (i.e the link below), and what you have written - (i.e. "i will have a go as i have no credibility...") the severity is hard to establish; it is noted as a soft tissue injury with expected improvement (i could not see requirement for steroid injections etc) therefore £5k - £7,500 for what could be argued on paper as "top end mild to moderate" (regarding scale (being 1,950 -10,180 maximum (seemingly); would seem to be in the ballpark to myself; being a random person on the internet...

                  but this is based on the shoulder impingement only, with expected recovery (i.e. i don't believe a reasonable person would expect you to return to job using upper limbs during recovery process because it would obviously worsen your problems (i.e. "be stupid")

                  but the above posters really do have a point that one is basically guessing and cannot provide answer as it based on accepted thresholds which the relavant persons both have greater access to information towards and are also more familiar with via casework; one is not really inclined to guess incase of 1) being wrong and 2) potentially causing you problems in the process.
                  Shoulder Impingement Car Accident Settlement. If you've suffered shoulder impingement in an accident or at work, we can help you claim workers compensation.

                  Comment


                  • #10
                    Originally posted by SAPFO View Post
                    If you canít give advice on the question asked, then donít waste your life replying. I ainít got time for sarcastic mods.
                    That sort of comment is not going win you any friends, let alone help.¬* Suggest you apologise to Rob.

                    Comment


                    • #11
                      it's quite a good reply imho (humorously); baring in mind it is perhaps not "friends" that SAPFO is looking for ?.

                      SAPFO; the solicitor advise seems "low" based on "top tier" compensation; but ("flipping coins" (re: "interpretation of medical reports by randomers on the internet") HIGHLY reasonable in this instance (- if the internet is to be believed); what is better - "having ruined shoulders" or "opportunity for recovery" ? ; life is not about money...

                      Comment

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