Pre-Medical Offers: Why Medical Evidence Matters

If you are making a personal injury claim, whether that be as a result of a road traffic accident, an accident at work or in a public place, the party you consider to be at fault will be notified of the accident by either a claim notification form or a letter of claim. Usually, an Insurer or Third-Party Solicitor will investigate the claim to determine liability.

In some instances, an Insurer may consider making a pre-medical offer early on to reach settlement and bring an end to the claim without obtaining independent medico legal evidence.

Receiving an early offer can be tempting to accept. It may allow you to settle your claim quickly without attending a medical examination or waiting for a medical report.

However, before accepting an offer, it is important to consider whether there is enough information available to properly value your claim to ensure you are not at risk of under settling a claim.

Why is medical evidence important?

The value of a personal injury claim will depend on a number of factors. This includes the type of injury you have suffered, how it affects your day to day life and employment and what your rehabilitation needs are. It will also factor in any financial losses you have suffered as a result of the accident.

General Damages

General damages are compensation for the pain, suffering and loss of amenity caused by your injuries. This includes the impact your injuries have had on your day to day life, such as your ability to carry out usual activities and hobbies.

The amount of general damages will depend on factors including the nature and severity of your injuries, the length of your recovery and whether you are expected to experience any ongoing symptoms.

Two people can suffer similar injuries but have very different recovery periods. One person may recover within a few weeks, while another may continue to experience symptoms for several months or require further treatment.

When an offer is made before medical evidence has been obtained, it may be difficult to know whether the amount offered properly reflects a fair award of compensation for the injuries you have suffered.

Can my claim be valued based on medical records alone?

Your medical records are an important part of your claim, but they do not necessarily provide all the information required to value the claim.

Your records may contain details of your symptoms, appointments, medication, treatment and any referrals that have been made. However, they don’t provide an independent opinion and prognosis.

What is a medico legal report?

A medico legal report is an independent medical report prepared by a suitably qualified medical expert for the purposes of your personal injury claim.

The expert will consider your injuries, symptoms and relevant medical history and may carry out a medical examination. They will then provide an independent opinion on matters such as the nature and extent of your injuries, whether your injuries are consistent with the accident and your likely recovery period (known as prognosis).

The prognosis can then be used to help assess the value of your injury.

Without this evidence, there is a risk that you could accept an offer before the full extent of your injury is known.

The Judicial College Guidelines

The Judicial College Guidelines provide suggested compensation brackets for several types and severities of injury. Before medical evidence is obtained, they can provide a useful starting point when considering a premedical offer. Once a medico legal report is available, the expert’s findings and prognosis can help identify the appropriate bracket and provide a more informed valuation of your injury.

What about my financial losses?

Compensation in a personal injury claim is not limited to the injury itself.

You may also be able to claim for financial losses and expenses you have incurred as a result of the accident. These are commonly known as special damages.

Depending on your circumstances, these may include:

• Loss of earnings
• Treatment and rehabilitation costs
• Travel expenses
• Medication costs
• Care and assistance
• Damaged belongings
• Other reasonable expenses caused by the accident

Future losses may also need to be considered. For example, if your injuries are expected to affect your ability to work or you are likely to require further treatment.

An early offer may be made before the full extent of these losses is known and before they are even presented to the third party insurer.

Are there any other deductions to consider?

There can also be other matters which affect the amount you ultimately receive.

If you have received certain state benefits because of your accident, the insurer may be required to repay those benefits to the Department for Work and Pensions through the Compensation Recovery Unit.

There may also be payments made by a third party, such as an employer or private healthcare provider, which need to be considered before your claim is settled.

This is why it is important to look at the claim as a whole rather than considering the injury alone, as these need to be considered when assessing a pre medical offer.

Is a pre medical offer in full and final settlement of my claim?

Before accepting any settlement offer, you should understand whether it is being made on a full and final basis.

Once a claim has been settled on this basis, you will not be able to return and ask for further compensation if your circumstances change .For example, your symptoms may continue for longer than expected, you may need further treatment, or you may have to take additional time off work.

Should I accept a pre-medical offer?

There is no single answer. Every personal injury claim is different and there may be circumstances where accepting an early offer is appropriate.

However, an early settlement should be an informed decision.

Obtaining medical evidence can provide a clearer understanding of your injuries and how long they are expected to affect you. It is also important to identify any financial losses you have already incurred and any losses you may incur in the future.

Before accepting a pre-medical offer, you should understand what your claim may be worth, what the offer includes and what it means to settle your claim on a full and final basis.

The issue of liability will also need to be considered. In some cases, a Defendant may make an early admission of liability and attempt to make a premedical offer to reach settlement early. In other instances, liability may be denied but the Defendant Insurer is willing to settle on a commercial basis. An assessment would be needed in the latter case to consider prospects of success and whether you are likely to determine liability.

A solicitor can advise you on the offer and the potential consequences of accepting it. Once you have received that advice, the decision whether to accept or reject the offer remains yours. If you have received a pre-medical offer and are unsure whether it is fair, our experienced personal injury solicitors can provide expert guidance to help you make an informed decision. Contact our legal experts today on 0330 822 3451 on or request a callbak online.