Gransnet forums

Legal, pensions and money

Personal injury claims "no win, no fee" - anyone any experience?

(68 Posts)
Mishap Wed 16-Jan-13 15:29:18

I am about to pursue a personal injury claim against the pub who run the ferry from which I fell and broke my foot at the beginning of October.

Initially I had no intention of doing this as I assumed that I would be in plaster for 6-8 weeks and then be fine. However, now that a second slow-to-heal fracture has been found and it looks as though I am facing several more months before I am able to walk, and also the possible prospect of surgery with several months recovery from that, I took a different view.

We have incurred lots of expenses: replacing our car with an automatic (we live on a very steep hill in the midle of nowhere and without the car I am trapped at home - OH has PD and can drive but does not like to do so any more than necessary), hiring a knee trolley, adaptations to the crutches, other adaptations in the house, private MRI and private consultant consultation (necessitated by huge NHS delay) etc. Aside from the expenses there are of course the considerable effects on my life and that of my OH.

I also see it as a way of getting the pub to take passenger safety more seriously - there was no provision for helping people off the boat when the river was very high.

The agreement before me is a "no win, no fee" which includes an insurance against costs if the case is lost.

I am assuming that there will be no court action, as this is likely to be "bread and butter" stuff for insurers - I presume the pub (which is a very busy and popular one) will have 3rd party liability insurance.

Does anyone have personal experience of such actions? If so I would be glad of their comments.

Lots of thanks.

soontobe Wed 22-Apr-15 12:15:09

As an aside. Someone told me[and I have also experienced this], that solicitors go at their speed, not ours. We made the "mistake" once, of choosing a solicitor, unbeknown to us, who only worked 2 or 3 days per week. Bad idea!

Jomarie Sat 25-Apr-15 22:02:39

Yes Soontobe" they do go at their own speed not ours, but they work (the reputable ones) within the time scales set out by the individual case - they also, depending on the severity of the injuries, have to wait for all symptoms to resolve/stabilise before a settlement can even be considered. This, in severe cases, can take years - and rightly so. A minor injury as the result of a straightforward accident can be dealt with quickly but a more serious injury, involving a hospital stay, loss of time at work, expenses incurred because of the accident etc. future loss of earnings,possible care costs in the future - these are all things a professional specialist solicitor will be taking into account - not a quick fix!! They (solicitors) are much maligned in my opinion - do your homework and get a reputable one if you have been injured..... A reputable firm will not charge you for initial advice.

soontobe Sun 26-Apr-15 07:47:57

Can I do a further aside since the original matter has been discussed
Do the time scales that you talk about, extend to other legal matters and cases too? I have not heard of legal time scales before.

KooroshShahrokh Wed 22-Jul-15 12:43:51

Personal Injury Lawyers almost always accept cases on a contingent fee basis, meaning that they if they win they receive a percentage of the award as their fee. If they lose, they do not receive an attorney fee. The amount of the contingent fee your lawyer will charge will vary somewhat from state to state. In most states, the attorney fee will be between one third and 40% of a personal injury award. Attorney fees for worker's compensation cases are more tightly regulated, and are typically lower than for regular personal injury matters. If your case is potentially worth a lot of money, you may be able to negotiate a reduction of the attorney's contingent fee - however, the best personal injury lawyers are usually not willing to negotiate their fees. They know that they are often able to recover substantially more money for their clients than attorneys with lesser skills, resulting in a greater award to you regardless of the percentage taken by the attorney.

Elegran Wed 22-Jul-15 12:52:48

Your post is about the USA, so the details may not be relevant to the UK.

Elegran Wed 22-Jul-15 12:55:11

"The Law Offices of Koorosh K. Shahrokh, based in Encino, California, is a personal injury law firm." from his web site.

henetha Wed 22-Jul-15 14:46:37

I know very litle about this subject, but a friend of mine who had a genuine claim, or so she thought, was given no compensation because she is retired, and apparently it is often based on loss of earnings, so if you are retired or don't work for whatever reason, you are unlikely to be given substantial compensation. I don't know if this is accurate or not.

Coolgran65 Wed 22-Jul-15 17:51:09

Henetha - with a successful claim for injury there would have been compensation for pain and suffering. Loss of earnings comes into the category of special damages, if a claimant is retired/unemployed, and not earning, it is not possible to claim for loss of earnings.

legitclaims Wed 01-Feb-17 05:45:18

Message deleted by Gransnet. Here's a link to our Talk Guidelines.

downtoearth Wed 01-Feb-17 08:25:41

Reported

notanan Wed 01-Feb-17 11:46:07

Hi, not read the whole thread so sorry if repeating

but "no win no fee" does not mean "no win no CHARGE" it just means no solicitor fee but you may be charged legal fees from the other side if you don't win, you must ensure you take out insurance against this (it doesn't cost much) at the time of instructing your "no win no fee" solicitor.

HildaW Wed 01-Feb-17 12:06:29

Just because an injury is serious, requires a lot of treatment etc it has no bearing on the case. Its all about whether the initial incident was preventable or actually someone else's fault.
Far better to go and chat to a reputable solicitor than an 'ambulance chaser' no win no fee type. A reputable solicitor will look at the facts of the actual incident and give you a professional opinion. Sometimes...in the words of a wise but crude man......'shit happens' and you just have to grin and bear it.

notanan Wed 01-Feb-17 12:18:26

Most specialist solictors that deal with low level compensation for accidents no do no win no fee, they are "real" solicitors, however some larger companies have sales teams and "triage" teams, which isn't necessarily a bad thing: you ring them up with your accident and they direct you to one of their solicitors who deals with that kind of accident.

You can check on the law society website if you have any doubts whether your solicitor is a "Real" solicitor or not.

Greyduster Wed 01-Feb-17 12:45:29

Choose a solicitor accredited to the Law Society's Personal Injury Panel. You should find details in their website.

Stansgran Wed 01-Feb-17 14:46:48

This is an old thread revived by someone wanting to advertise.i expect it's been resolved.

Direct2Compensation Tue 04-Jul-17 12:45:46

Message deleted by Gransnet. Here's a link to our Talk Guidelines.

CorinneCrum Tue 16-Jan-18 12:45:43

Message deleted by Gransnet. Here's a link to our Talk Guidelines.