Sending Whatsapp Message stating "I feel stupid" after Workplace accident

[SaxonOak]

Hi All,

Would sending a WhatsApp message stating that "I feel stupid" after a workplace accident, be viewed as admitting liability in any way?

Also, can factors be taken into account when considering the text message - such as being on pain medication, emotional state, severity of the injury, trauma after the event etc.

How would this potentially be viewed in court when trying to fight a personal injury claim?

SaxonOak.

[echat11]

Hi SAXONOAK

You really need to provide more details.

[SaxonOak]

Hi SAXONOAK

You really need to provide more details.

Hi ECHAT11,

Thanks for the reply - I am caught between not going into too much detail as it is an ongoing case but also trying to provide enough to get some advice.

Basically I was struck by a vehicle on a construction site and in the aftermath - while lying in hospital, in pain and heavily medicated - I sent a Whatsapp message to my employer stating that "I feel so stupid". I don't even remember sending it, such was my state at the time.

My question is whether this would be automatically viewed as some sort of admission of liability - or whether my mental state and medication at the time would be taken into account as I do not even remember sending it.

SO

[echat11]

'I feel so stupid' could have lots of different meanings even in the context of 'being struck by a vehicle on a construction site'.

'You feel stupid that an ambulance was called (I don't know if one was)', 'you feel so stupid that it happened', 'I feel so stupid because of the fuss' etc.

Celestine Can you take a look and advise, many thanks.

[SaxonOak]

'I feel so stupid' could have lots of different meanings even in the context of 'being struck by a vehicle on a construction site'.

'You feel stupid that an ambulance was called (I don't know if one was)', 'you feel so stupid that it happened', 'I feel so stupid because of the fuss' etc.

Celestine Can you take a look and advise, many thanks.

Thanks for the reply once again. The "I feel so stupid" was definitely not directed towards anything in particular in the message.

Do you think the medication / trauma have any bearing on it? My injuries were pretty severe and I do not consider myself to have been "all together" at the time.

[echat11]

Thanks for the reply once again. The "I feel so stupid" was definitely not directed towards anything in particular in the message.

Do you think the medication / trauma have any bearing on it? My injuries were pretty severe and I do not consider myself to have been "all together" at the time.

It's possible, wait for Celestine to add advice / comment.

[Celestine]

The opponent will try to use this phrase to suggest liability, but that certainly does not mean that is how it will be interpreted by a Judge. Are you represented by good solicitors? During your claim, they will produce witness statements on your behalf which will robustly explain your state of mind after the accident, the medication, the injuries/shock as factors to consider whether the message is relevant or not.
In any workplace accident such as this, your conduct before the accident IS important however. Did you follow rules and instructions? Did your employer provide adequate training and make adjustments to the workplace to ensure H&S was important? These are the factors that influence % liability and it is possible to win such a case, but get a slightly reduced award to reflect factors of your own behaviour that may have contributed.

[SaxonOak]

Celestine,

Thanks a lot for the detailed reply. I greatly appreciate the time and effort.

I feel like my solicitor has thrown in the towel due to the text message, as he is strongly advising me to go for a settlement - which is well below what I find acceptable considering my experience.

I am now faced with the difficult decision on whether to go to court (knowing that my solicitor has essentially given up on me) or whether to just go for a settlement, which is well below what I want to accept.

Would changing solicitor at this late stage (given the above) be a terrible decision or could there be some benefit to this?

SO

[Celestine]

That is concerning that your solicitor has 'thrown in the towel so easily. I suspect the very limited fees available for such claims through the PI 'portal' may be influencing his decision. It is difficult to recover decent costs with such claims and the whole system is designed to encourage early resolution, it does not tackle lower value claims that have any complexity.
Overall, have a really sensible think on settlement. It's hard when you've been given a tempting figure to then get fobbed off with something far lower. Only you and your health needs can dictate what is fair and reasonable.
You could try talking to a couple of other firms, just to get an opinion at least but don't be surprised if you encounter reluctance to take on someone else's unfinished work.