Personal Injury Claim settled but no payment yet ?

J

Joanne Heeney

Registered User
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A family members claim was settled on the steps of the High Court
and the amount agreed was to include costs. This was early November. The solicitors said the cheque would be received within 6 to 8 weeks, its now over 10 weeks. Is there anything that can be done about it.? Also the amount agreed that was to be paid to the client was agreed to be x amount after the costs but the solicitors are saying that the costs are more then expected and the family member may end up receiving less then then agreed and less then what is paid out in costs.

For ex

Amount awarded 100,000
Agreed amount after costs would be 50 k to the client

Actual amount after costs 48k even though 50k was agreed. Do the solicitors not need to trim their costs to be able to honour what was agreed by senior council in court ?

Would appreciate your advice.

 
If there was an INSURER on the other side, then under Consumer Protection Code, they MUST issue cheque within 10 business days of the settlement date.

I would expect that if the settlement was inclusive of costs, that the claimant was told how much they would get AT THE TIME THE SETTLEMENT WAS AGREED. Otherwise, how is s/he to know how much s/he will receive.
 
Yes regarding the net amount. Agreed . With regard to second part i believe there was an Insurer but they are based in the UK . The plaintiff was told six to eight weeks by their solicitor. The solicitor sent reminders but have heard nothing back.
 
Can you explain exactly. Was the sum agreed to include costs against the insurance company and then the solicitor says he keeps a percentage to cover further her costs ? So something in the lines of 100k settlement plus costs agreed but less 10% for unknown costs ? This is/was common in the past however unethical.
 
No total award x awarded and then costs have to come out of that with the agreement that client would come out with a minimum of half the awarded amount but now the solicitor is saying that their costs plus sc costs are more then anticipated .
 
I'd say that the solicitor screwed up, and it's up to them to absorb the difference. If they didn't know their costs ahead of time, that's their issue. They should have known they needed to push for another 5k to have their sums work out.
 
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