 | Personal injury litigation - stick or twist? |
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| Posted By : Bill On 03/07/2017 15:30:00 | |
| For many years I've considered with claimants and their solicitors whether we should press ahead for an early trial or settlement of the claim, or whether we should delay the process, for example to allow treatment or rehabilitation to take place at its own pace. Since the discount rate changed in March, those discussions have an extra spice, for two reasons. First, particularly since the General Election, it may take a long time for the Government to get around to doing something about the problem, which gives us more time to press cases ahead. Secondly, you can't help noticing all the opportunities that the insurers have wasted – fiddling about being difficult when they could have bought the claim off for far less than it’s likely to be worth now. I would suggest that every significant claim with a future loss element should be considered afresh for a decision to be made whether it would be possible to bring it to trial before the rate changes – if it does. Claimants need to be cautious though. Chasing the rate is of no value if the rest of the claim isn’t well prepared – which takes time. | |
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