[northfifeduckling]

We've been waiting for almost 10 years to settle an accident claim for my daughter. Is it customary to get interest on the sum if the other side made an offer? 

[doganjo]

Yes.

[WinslowPorker]

Take legal advice, and that the offer is not 'full & final' coz im not sure what that may mean in the long run.

[valr]

Hi
It must be a very serious injury to have taken so long?
Have you had an offer and rejected it?
Interest is payable on the heads of claim ie the different parts of it. You get a certain sum for solatium (pain and suffering) and interest is payable on that - how much depends on the circumstances i.e whether and to what extent you have recovered.  Same with the other losses - eg past wage loss, and costs incurred. Interest is calculated in a specific way. There may also be a claim for future  costs which will arise, and future wage loss and necessary services rendered or which will be necessary in future. Obviously no interest is payable on future losses as they havent been incurred yet.  No two cases are the same. It is pretty complicated! I am sure your lawyer will be happy to explain it all to you and your daughter if you ask.

[valr]

BTW Anne I got 3 new chooks on Sunday! Took your advice on integrating them and it worked fine! Cheers

[doganjo]

Val - you just made a big mistake! Showed your legal knowledge!    You'll be inundated now!   Just praise the heavens that you aren't a planner
Glad to hear your chooks have settled in!

[valr]

Yikes!
I know a couple of planners though .... could always ask a favour for you if you like!
Val

[doganjo]

Thanks anyway, Val, but it's in Aberdeenshire and their planners and planning committee are a law unto themselves

[northfifeduckling]

my own injury has been sorted years ago. I accepted an offer (final settlement). My daughter was in the car with me and she suffered for years from PSD. The other side paid for her treatment last year and now made an offer. I want one more treatment session on top of the offer as she still has the occasional flashback, but the treament has been a great success otherwise. My lawyer doesn't think there is a great chance they will agree but I don't see why we should pay for it if she needs it. I have to word it very carefully as I don't want to start again with assessments , etc. or it will take nother few years to get settled...That's why I needed to know if interest is customary, if I can use it as a bargaining tool

[valr]

If the treating psychiatrist says she needs more sessions the other side would be unreasonable not to pay it I think. Sometimes a case can settle and as part of the settlement deal the defenders agree to pay for a certain number of ongoing sessions - but it has to be the doctor who says it is necessary, not the patient I'm afraid! Good luck.

[northfifeduckling]

well, the treating specialist is not the same as the psychiatrist, who did the original assessment. Now they think the treatment was already so much more expensive than the original report said. Trouble was that the first psychiatrist only had theoretical knowledge of the treatment and had no idea how many sessions were needed and how much the only speciaist in Scotland would charge...

[valr]

Hi Northfield duckling  is it EMDR that was recommended? There is more than one specialist if so... I will pm you