Could your injury claim be undervalued?

I recently secured an award in the sum of £19,000 for a client following an accident he was involved in at work back in 2016. It was a case that highlights the fact that an injury could well be undervalued.

Tuesday, 9th October 2018, 4:36 pm
A health check report.

The client was unloading a wagon when he hit his head on a mast left above the crane. He sustained a head injury, but initially it was not seen as too big of a deal.

However, in the weeks following the accident, he began to experience severe headaches, vomiting, nausea, memory loss and irritability.

Detailed medical reports were obtained from a consultant neurologist and a consultant psychiatrist and he was diagnosed as suffering with post-concussional syndrome and post-traumatic stress disorder (PTSD).

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The insurers agreed to fund a private course of cognitive behavioural therapy treatment to assist his recovery and coping mechanisms.

It highlights that an injury could be undervalued if the claim is settled at an early stage without obtaining full medical evidence.

We are seeing an increase in ‘pre-medical’ offers made by insurers. Effectively, this is an offer made at an early stage of the claim before any medical evidence has been obtained.

As a result of this the offer tends to have little or no bearing to the injuries actually sustained as the insurers have limited information.

Pre-medical offers rarely value the claim realistically and are more of a cost-saving exercise for the insurers as if they can settle a claim at an early stage it will save them a lot of money in the long term.

The offer is usually low and does not take into account any other losses/expenses that may have been incurred with earnings or medical expenses.

The risk of accepting a pre-medical offer is that the claim can be undervalued.

Solicitors at Tilly Bailey & Irvine assess the value of your claim by obtaining detailed medical evidence in the form of a medical report.

The report is prepared by a medical expert in the field relevant and provides a prognosis as to when you are likely to make a full recovery.

We use the medical evidence to correctly value your claim and achieve a settlement that properly reflects the injuries sustained and the effect those injuries have had.

If you do not have a solicitor representing you and a pre-medical offer has been made, we strongly recommend that you seek advice before accepting one.

You would not be able to try and recover additional damages should your injuries not resolve when you expected or turn out to be more significant as in the case above.


Tilly Bailey & Irvine LLP

Tel: 01429 264101 Chambers

York Road


TS26 9DP