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The Risks of Accepting Pre-Medical Offers in Personal Injury Claims

Over the next few weeks the Law Society are launching a campaign to persuade personal injury victims to use a solicitor rather than rely on settlements offered by insurers. 

These early offers, often known as “pre-medical” offers are becoming increasingly common as they avoid the insurers having to pay out for a medical report or contribute towards legal costs.  For the innocent victim, accepting a pre-med offer means that they get compensation within a few weeks but there are risks associated with this type of offer.  Without a medical report it is impossible to know for definite the long term impact of an injury and for some this means that claims are under compensated.  With only one chance to agree a value there is no opportunity for an injured victim to go back to the insurers at a later date if symptoms deteriorate or injuries becomes apparent later on.

The Law Society accept that using legal representation can increase compensation three-fold and ensures that that the compensation agreed fully reflects the level of pain, suffering and loss of amenity suffered and ensures that any past and future losses are properly considered.

At Lanyon Bowdler we always advise against settling injury claims without a medical report.  We often meet with clients who have been sent a pre-med offer and we achieve a settlement which exceeds that which they were initially offered by using medical evidence and ensuring that all heads of loss are properly considered before any offer is accepted.

Choosing the right solicitor to do the job is also important.  Ensure that your solicitor understands the complexities of your injuries and specialises in personal injury work.  Look out for quality standards such as membership of the Law Society’s Panel of Personal Injury Solicitors or membership of the Association of Personal Injury Lawyers and for more complex brain injuries, Headway have an approved list of solicitors.