Physiotherapy claims come out of insurance payment

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Thursday, August 12, 2010
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This is Cornwall

Pain money

Q. I had an accident which wasn't my fault. The case was uncontested and I required physiotherapy, which cost £1,200. My lawyer tells me this amount will be deducted from my compensation. Is this right? I wouldn't have needed physiotherapy if it hadn't been for the accident.

A. The total amount of compensation your legal advisors have claimed on your behalf is likely to include an amount for your pain and suffering. You will receive that element of the compensation payment. But part of your claim will have been for actual losses you sustained as a direct result of the accident. If the insurers have paid your expenses direct to the medical centre you won't expect to see the money. I take it you had private medical treatment with the insurers' agreement. If your physiotherapy had been under the NHS it wouldn't normally form part of your claim. The Department of Health recovers NHS charges direct from insurers where applicable.

Is his debt ours?

Q. Our son, who lives with us, has been out of work since last November. The bank has now passed his debts on to a collection company. They say we should pay some of the debt off. He is 28 years old: are we responsible in any way for his debt? They are now threatening to send the bailiffs round to our house and to blacklist us.

A. You are not in any way responsible for your son's debts. The bailiffs won't arrive unless there is a court order. And if they did they wouldn't be entitled to take your property. However the fact that your son is listed as living at your address could affect your credit rating. But you can add a note to the file with the credit reference agencies explaining that your finances aren't linked with your son's.

Bright spark

Q. I have an idea for a TV series. If I approached a TV company, how would I make sure they didn't just take the idea and cut me out of any financial reward or royalties?

A. The only effective way to protect an idea on its own is under the law protecting confidential information. An unsolicited submission to a TV company may not automatically place a confidentiality obligation on them, so your best course of action would be to have the organisation sign up to a binding confidentiality agreement before you reveal the idea to them. This should protect your idea from unauthorised use or exploitation. However an idea which is obvious, already known to them or already in the public domain would not qualify for protection and proving a breach could be very difficult.

Michael Shiers is a partner and head of the dispute resolution team at Nash & Co Solicitors LLP, Beaumont House, Beaumont Park, Plymouth. Tel 01752 664444 or email law@nash.co.uk Website: www.nash.co.uk If you have a legal problem, write to You and the Law, Room 101, Western Morning News, Brest Road, Derriford Business Park, Plymouth, Devon PL6 5AA, or leave your query on our Legal Adviceline 0117 964 4794.

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