I recently fell in work ( solicitors) DUE TO Their negligence of a faulty stairwell. I have broken elbow and split mpouth with stitiches and nerve damage in knee. If I take a claim out against them will the IVA take all this paid out????
As I understand it, any claim for pain and suffering you may keep but maybe not all of it, your own IP would be able to give you specific answers but others may also comment a little later.
I hope you get well soon, sounds very painful.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
Hi. If the compensation is specifically for pain and suffering most ( but not all) IP's take the same stance as the OR in bankruptcy and will allow you to keep it.
Likewise if it was awarded specifically for ongoing treatment you should be allowed to retain at least part.
However, only your own IP can make that determination, based upon your particular circumstances.
Who are you with ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I see no reason for the IVA to take anything but I agree with Foggy that you should clarify this first. Your IP should be able to confirm to you and your solicitor that they have no interest in the claim especially since it appears to be after the IVA was approved. However,if you received a payment break for example due to the injuries I think it would be fair to clear this from the proceeds as this would be covered through loss of income.
I would never take these types of payments from any of my clients, and if your IVA is subject to the IVA Protocol Terms and Conditions, then this leaves such matters at the discretion of your IP. If they claim that the monies would be payable as a windfall, then I would definitely seek external legal advice.
Do you know how much you could be likely to receive? It sounds like the injury was quite nasty.
