First Personal Injury

First Personal Injury

April 11, 2012 08:55 ET

Pre Medical Offers

LONDON, UNITED KINGDOM--(Marketwire - April 11, 2012) - In personal injury claims, it is now becoming more common for insurers of the Defendant to put forward offers of compensation for a personal injury without any medical evidence.

Defendant insurers have increasingly started to put forward what have become known as 'pre-medical offers' which, as the name suggest, is where an offer is put forward before any medical evidence has been obtained. This can happen in any type of personal injury claim but happens most commonly in Road Traffic Accident cases (RTA's).

If you have a personal injury claim and a pre-medical offer is received, your personal injury lawyers will advise you on what basis the offer is made and you should consider it carefully with regard to the particular circumstances of your case.

What to Consider

Pre-medical offers are normally put forward in circumstances where the insurers believe that they cannot win the case or if the injuries you have suffered are not indicated to be too serious. The offer of compensation is an attempt to settle the claim sooner rather than later, to speed up settlements and to save costs.

This approach is clearly tactical and there is no doubt insurers are motivated to settle certain claims right at the very start of the claims process for commercial reasons.

In the first instance, if you decide to accept a pre-medical offer and do not proceed with a medical examination then the Defendant insurers immediately save the cost of the medical expert's fee. You should consider that if you accept a pre-medical offer but end up having ongoing symptoms which a medical report may well have identified and which either carries on for longer than expected or even worse, do not resolve at all, then you will have absolutely no recourse or claim for additional compensation. The pre-medical offer is usually expressed to be on a 'full and final' basis regardless of what happens in the future.

Insurers generally offer to pay the claimant's legal costs in addition to the compensation offered. In the case of RTA's these are usually fixed costs which are not subject to negotiation. Settlement at an early stage will mean the Defendant insurer spends less time dealing with the claim which ultimately means they will make a saving.

If you have a straight forward injury such as whiplash that results in symptoms for only a short period of time, a pre-medical offer can be beneficial however, without medical evidence your personal injury lawyers cannot value your claim and therefore can't advise you on whether an offer received should be considered. The decision will then be left to you. There is a meaningful risk that as the injured party you could be under compensated if you choose to accept the offer at this stage. Clearly this is a calculated risk for the Defendant insurer and it is fair to say that if they took the view that they would be worse off overall they would simply not make the pre-medical offer in the first place.

A pre-medical offer should only be considered if a full recovery has been made as without medical evidence your personal injury lawyers are unable to correctly value the claim and settlement could result in your being under compensated.

About First Personal Injury

First Personal Injury is a leading firm of specialist personal injury lawyers based in the North West and acting on behalf of Claimants nationwide.

First Personal Injury has a wealth of experience in dealing with personal injury matters and is authorised and regulated by the Solicitors Regulation Authority. First Personal Injury is a member of the Law Society's Personal Injury Panel and is also a panel member of Headway, the brain injury charity. First Personal Injury is a member of the Association of Personal Injury Lawyers (APIL). Most cases are conducted on a 'no win, no fee' basis. First Personal Injury's goal is to ensure that Client's receive the best possible advice whilst maximising their claim and ensuring they receive 100% of their compensation.

Contact Information

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