Pre-Medical Offers

Pre-Medical Offers

What is a pre-medical offer?

A pre-medical offer is an offer which is made by the Defendant to settle your claim for compensation prior to a medical report being compiled and disclosed to the Defendant.  The typical course of action in a personal injury claim is for the Claimant to attend a medical appointment so that a medical report can be compiled and later disclosed to the Defendant.  Having possession of a medical report enables both parties to value the claim for compensation and see if they can reach an amicable conclusion to proceedings without the need of going to court to allow a judge to decide on the amount of damages.

Why would the Defendant make a pre-medical offer?

Here are a couple of reasons:

• If accepted, a pre-medical offer can settle a claim for compensation there and then.  There will be no additional costs – notably the cost of a medical report or court proceedings.  The claim is ‘off their desks’.
• The Defendant knows they are at fault and puts forward an offer of £1,250 which is particularly attractive to the Claimant, the claim is worth £2,000 but the Claimant wants the money now.  The Defendant has saved thousands of pounds.

I have received a pre-medical offer – should I accept it?

You should certainly seek the expert advice of your quality injury lawyer as it all depends on the circumstances.  If your claim is worth £1,000 and they have offered £1,000, then yes, you probably should accept the offer.  But here are a couple of things to consider:

• Prognosis: You do not have a medical report; you do not know when a medical expert advises you will recover fully from your injuries.  You may have been offered £1,000 but if you had obtained a medical report you would realise that you will be suffering for a further 6 months and your claim is worth in excess of £2,000; so to settle at this stage would be to under-settle your claim.
• Bargaining tool: A supportive medical report could enable your injury lawyer to negotiate a greater settlement for you.

Ultimately, as the Claimant, whether you accept or reject a pre-medical offer is your decision.  Your injury lawyer can advise you but they cannot tell you what to do.  What is important is that you are properly and fully informed when making your decision.  Once you accept an offer to settle your claim there is no going back at a later date for more compensation.

For some free expert advice get in touch with The Injury Lawyers today!