I got a letter from solicitors for the other person.
Although the claim is now settled, the letter says their client has ongoing effects from his injury and needs rehabilitation, inviting me to participate in this matter.
What does that mean?
A When someone is injured, the compensation is based on suffering and financial losses – which might include loss of earnings and medical costs among other things.
To complete the claim it is not practical or fair to wait until full recovery is made, which may be years in the future if there are significant injuries.
So what the lawyers and insurers do is project into the future the likely losses and cost them in advance, based on expert medical or other technical reports.
So though your claim is now settled, it may include future costs of rehabilitation.
Q On 6 May I returned from work to find my monoblock drive damaged.
My neighbour had ordered topsoil and the lorry used my driveway to access their garden without my neighbour asking my permission.
It is company policy not to take large vehicles onto monoblock drives without permission and allegedly they had been given this by my neighbour.
They have agreed to fix the driveway but I have not had any communication from them.
I had intended to put my house on the market at the end of May and cannot as this damage has been done.
A Write to them and give them a reasonable period to get the work done (they have already had some weeks of course), and if they fail or ignore you, you can get a contractor in and then sue the company for the costs plus your legal costs.
However, I would be more wary of trying to land them with costs or damages for the delay in marketing your home.
That may not be a calculable or foreseeable loss in law. In any event, you can assure potential buyers it will be dealt with before they move in.
Q My mum, who died at Christmas, divorced my father divorced 20 years ago.
As her old will said it would go to him, he has now claimed the house. He is also the named executor and he would not show us her will. He demands the contents of her house, even though he left it over 20 years ago.
A You should check with your mum's solicitors to see if she made a new will.
Anyone getting divorced should do so. If not, then check the wording of the old will (your father will have to lodge it at the sheriff court for confirmation).
If the will names him as executor and beneficiary, then unlike under English law, the divorce does not imply a cancellation of that will.
Austin Lafferty is a solicitor, media lawyer, broadcaster and author. Write to Austin at Evening Times Newsdesk, 200 Renfield Street, Glasgow G2 3QB or e-mail him at news@eveningtimes.co.uk. Austin also writes a blog and gives legal information on his own firm's website, www.austinlafferty.co.uk
