Will I have to declare compensation

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colins

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Post by colins » Sat Aug 04, 2007 10:57 pm
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I had an operation last year that was not done correctly. I am currently pursuing compensation as it is clear clinical negilgence. Will I have to declare this is my IP as this money would be awarded for the disability I have been left with. At present I can work but I would need this money awarded for the future incase I have to give up work due to disablity.
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Cybus

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Post by Cybus » Sat Aug 04, 2007 11:48 pm
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It is something you should discuss with your IP.
The only implication on your IVA at the moment would be the funding of the action - If you are legally aided then you should be okay. If not the IP should be asking the question of how the action is to be funded.
Do you yet know the amount you are to receive and more crucially when you will receive it. It may well be a matter that is not resolved within the term of your arrangement, as clinical negligence claims can become drawn out affairs.



Tell it like it is.
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iva_squirrel

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Post by iva_squirrel » Sun Aug 05, 2007 8:55 am
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Good morning Colins,

Thank you for the post and welcome to the forum.

I would normally say the compensation would have to be offered to your creditors but because this unfortunate incident left you disabled and you are saying it might jeopardise your future employment, then it is difficult to say anything. As Cybus said, it may well be a matter that is not resolved within the term of your arrangement then you have no obligation to your creditors. I suggest you contact your IP and please keep us posted.

Kind regards,


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Last edited by iva_squirrel on Sun Aug 05, 2007 8:56 am, edited 1 time in total.
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Adam Davies

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Post by Adam Davies » Sun Aug 05, 2007 6:52 pm
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Hi
Personal injury claims are exempt from bankruptcy proceedings so I would argue that a compensation claim for clinical negligence would be the same.
It really will be down to how your IP views it but you should argue your case.
regards

Andy Davie
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Andam Davies
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