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What Is Under-Settling and What Can You Do About It?

Having a claim under-settled is a frustration that you surely need advise and positivity dose to deal with. Here's a perfect piece to give you solace and peace with ways to get through such times in UK. Read ON!
Every year, there are thousands of legal claims made. While most solicitors act in a professional manner and work hard to obtain the best outcome for their clients, there are always cases where a solicitor under-settled. Under-settling is a problem that can cost a client a great deal in the long run but there are some ways to prevent this problem.

What Is Under-settling?

This occurs in a court case when the case is settled out of court. The solicitor will receive a claim or negotiate one and recommend settling for that claim or argue for a higher settlement. Although this is not an exact science, you can settle for a value that is too low or under-settling. There is a primary reason why this occurs.

Poor Valuation

Although the loss of personal property or other areas may be fairly easy to determine a fair settlement value, not all claims are so easy to understand. Medical negligence claims UK based are based on more subjective factors. A person who has been the victim of medical negligence UK may have lost wages or lost future earning potential and a solicitor may have a value in mind to make up for the lost potential earnings.

However, pain and disability that occur with medical negligence are often difficult to compensate. It's hard to put a price on pain and suffering which is why a person may settle for a value that's lower than they should. Medical negligence solicitors often have a reference for how much a person can receive for a medical negligence claim. However, once again, this is an estimate and may lead to an under-settlement.

Poor Solicitor Advice

The best medical negligence solicitors can give their clients expert information about settlements and a fair amount for their medical malpractice case. Since most people don't know this expert information, having a good team on your side such as The Medical Negligence Experts is a good way to avoid any problems, as they offer a free advice line which you can find on their website (www.the-medical-negligence-experts.co.uk/), as well as services on a no win no fee basis. However, not all medical negligence lawyers are experts in their field. They may also be tempted to settle a case and end it quickly rather than to negotiate for their clients. If you don't have a good legal team, then you're more likely to under-settle than receive a fair value for your medical negligence claim.

Failure to Include Heads of Claim

A claim is based on everything that a person is entitled to receive. This can include money for distress, medical costs, loss of earnings, and many other associated expenses. A claim that does not consider all of these areas may be under-settled. For example, a person who has a medical injury that does not allow them to work may settle for a claim that covers a loss of earnings. However, if it does not also cover medical expenses, additional expenses due to the disability, and related costs, it's likely that this is a case that has been under-settled. It's easy to forget all of the costs and expenses but a good solicitor can help to determine these with a client.

Settling an Under-Settled Claim

If you believe that your claim has been under-settled, then you need to take action. Claims can be settled for both large and small amounts which may influence your desire to take action. However, if the amount is significant, then you'll likely want to pursue your options.

What Is Under-Settling Keep in mind that in this situation, you'll need to act sooner rather than later. In an under-settled claim situation, you'll only have six years from the date of the settlement to make any changes. This is a strict deadline so working fast is an important step of the process.

Meet with a Solicitor

If you have a claim that you believe was under-settled, then you'll want to contact a solicitor immediately to discuss the settlement. Make sure that you provide all of the relevant documentation and as much information as possible about the situation. The solicitor will not be able to provide you with expert advice unless he or she has all of the information available.

After reviewing the information, the solicitor can then give you advice on whether or not the case has been under-settled and how to proceed. If you're inside the time frame, you may be able to revisit the claim for a better settlement. In some cases, the solicitor may find that your settlement was fair and advise no action. In some cases, the under-settlement may also not be significant and you can discuss recommendations with the solicitor before making any decisions on how to proceed.If you’re still unsure on what to except when meeting with a solicitor, you can find some more useful information on the Solicitors Regulation Authority page (https://www.sra.org.uk/consumers/using-solicitor/what-to-expect.page). 
Although many people find that they have under-settled, they often don't know what to do in these situations. These are the reasons why this can happen to anyone and also steps to take if it's happened to you. If you act within a reasonable time frame, you may be able to get the claim you deserve.

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Any facts, figures or references stated here are made by the author & don't reflect the endorsement of iU at all times unless otherwise drafted by official staff at iU. This article was first published here on 13th March 2018.

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