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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.

Greatnan Fri 19-Apr-13 06:22:51

Reported. If you want to advertise your services, pay the fee.

FlicketyB Fri 19-Apr-13 14:37:42

DD suffered a disabling injury to her arm in a car accident 18 months ago. It was not her fault. She was absolutely determined not to use one of these relentlessly advertising 'no win no fee' companies.

We investigated local solicitors and found one with a specialist team who dealt with personal injuries and offered a choice of 'no win, no fee', but taking a percentage of any compensation you received or receiving all the compensation and paying fees. For her own reasons she decided on the second option. But I would recommend using a local solicitor as the best and safest way to find a solicitor to handle such a case.

DD has visited the solicitor several times and as a local reputable firm of solicitors they have always treated her with courtesy and concern. They have been very careful not to run up enormous fees and gave us an estimate of the cost before we started. I would feel confident about using them in a no win no fee situation, if the need arrived. The claim is still under negotiation so we do not know the outcome.

jhon12 Fri 06-Sept-13 07:09:39

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shysal Fri 06-Sept-13 07:39:09

Reported.

forcarinfo Wed 25-Sept-13 15:15:28

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annodomini Wed 25-Sept-13 16:07:45

Reported.

AdamLendowsky Wed 01-Apr-15 10:25:53

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Anne58 Wed 01-Apr-15 10:56:39

Reported, just in case!

Anne58 Wed 01-Apr-15 11:00:26

Yep, he works for an accident claims company!
www.scotlandnow.dailyrecord.co.uk/news/glasgow-bin-lorry-crash-drivers-5109191

loopylou Wed 01-Apr-15 11:08:23

They're like waiting vultures!
Good luck Mishap, lots of valuable advice and wise experience here flowers

AshTree Wed 01-Apr-15 11:37:51

My daughter had a nasty accident in a gym, where a piece of equipment she climbed on collapsed to the ground from quite a height and she landed on her bottom very hard. The result was a crushed sciatic nerve, which left her leg completely dead, and a bruise, the like of which even the A&E doctor had never seen before. It covered her entire left buttock, about the size of a large tea plate, solid black and purple, and travelled down her leg for about 9 inches.
It turned out the equipment wasn't faulty, but she should have set the resistance higher than zero, which she didn't realise. Her argument was that if at zero it was dangerous, then it should be impossible to set it to this level and, with the help of a local firm of no win no fee solicitors, this argument won her a decent sum in compensation - not OTT, but she never wanted that anyway. She just felt so strongly that the gym management should not be allowed to get away with such a poor H&S approach.

Greyduster Wed 01-Apr-15 13:43:29

If you're in any doubt about which solicitor to choose, look for one who has Law Society personal injury accreditation - they will display the Law Society logo. There used to be hundreds of solicitors, large and small, up and down the country dealing with small personal injury claims (as opposed to catastrophic injury and severe medical negligence cases). Changes in the legal aid rules forced a lot of them to abandon personal injury work altogether, but you should not find it difficult to find a reputable firm. It has to be said that even small claims can take a considerable time to come to fruition, so don't expect anything to happen quickly!

Mishap Wed 01-Apr-15 14:06:30

My claim went nowhere - the man running the ferry lied and said he had helped me off the boat - which he had not. And my argument that if he had helped me off I would not have fallen was rejected! - so they got away with it. Sigh. My life was changed forever by it. Once the solicitors - a very well-known injury compensation firm - heard the lie, they just said they would not proceed with the case and refused to hold any further conversations with me on the subject. If anyone wants to know the name of the firm I am happy to supply it.

AshTree Wed 01-Apr-15 16:43:40

Oh that is so annoying Mishap. It's not the sort of thing you could possibly have provided evidence for - I mean, you're not likely to have been videoing the the ferryman not helping you off the boat. And if you had been, they would have said you were negligent in not concentrating as you got off! So easy to lie and get away with it. Shame on them.

loopylou Wed 01-Apr-15 16:58:45

Oh dear Mishap very annoying-were there any witnesses who could have verified your account?
Shame on them indeed, I'd be hopping mad (definitely no pun intended).

Mishap Wed 01-Apr-15 17:25:11

The only witnesses were my OH - and he doesn't count - and the other passengers on the boat who all drifted away. Needless to say that I was not able to take their names and addresses whilst lying unconscious; and OH had a few other things on his mind at the time!

I still feel very aggrieved about it as I would not have fallen if he had helped me. This piece of logic was wasted on the solicitors!

loopylou Wed 01-Apr-15 18:05:19

It's a pity that it costs so much to pursue it yourself, I bet he'd think twice before lying in court.
Solicitors want an easy ride for maximum return IMO.

i guess you've already discussed with your solicitor to see if any other option other than on a 'No win, no fee' basis?

Flipping frustrating flowers

Mishap Wed 01-Apr-15 18:52:43

It is 2 and a half years ago now and whilst I do not think that this disqualifies the claim automatically, it does mean that the argument that memories might be faulty becomes stronger. I am not prepared to take any financial risks over this. I can't afford to!

loopylou Wed 01-Apr-15 19:18:13

I can fully understand that, I had sound grounds for constructive dismissal but was advised that I needed to be prepared to fork out a minimum of £10k and be prepared to lose, incurring the defendants costs.....needless to say an non-starter.....

amarmai Wed 01-Apr-15 19:18:52

so sorry to hear that a lie is allowed to be so powerful, Mishap. I am wondering what lies may be told when the car that hit my bike case arrives in court.

Mishap Wed 01-Apr-15 21:51:29

I hope that it goes better for you amarmai and that your case is successful. I hope everyone tells the truth for you. Perhaps you have some witnesses?

amarmai Mon 20-Apr-15 19:40:57

Mishap ,unlike the driver and passengers, I didn't try to get witnesses as i was too distraught and sitting in an ambulance. The police are taking the driver to court.

Jomarie Mon 20-Apr-15 21:41:30

The only advice I would give you Mishap is go to a well established solicitors who specialise in personal injury cases. Most of these will offer a no win no fee (also called a CFA). They will help you get what you are entitled to and, yes, sometimes it can take years to settle a case, but only because everything is looked into very carefully. Keep a diary of everything - and I mean everything - keep receipts (all of them) - but most importantly get a qualified solicitor with a well known specialist firm to deal with your claim - it will be worth it. Don't be afraid to stand up for yourself. It doesn't matter where your solicitor is based as, if it comes to court ( which does happen) it will be held in a court near to where you live - (unless it's changed in the last couple of years)!! Investigate it - you really should.

richardjohnson Wed 22-Apr-15 09:15:33

A personal injury can have dramatic and devastating consequences on your life. When attempting to put a dollar amount on a personal injury claim, you must take several factors into account. The compensation for a claim must cover the injured party’s initial medical costs, on-going care, damaged property and loss of income. Courts often award compensation for damages that are more difficult to assign a monetary value, such as pain and suffering, loss of social and educational experiences, emotional distress and strains on the family. To win your personal injury claim, whether you’re dealing with an insurance company or an individual, you’ll first need to determine if you can proceed on your own or if you’ll need to hire an attorney.

Elegran Wed 22-Apr-15 10:22:00

You also need to consider which country you are in, diferent countries have different ways of proceding after an accident. Some are more quick to claim compensation (and more of it) than others. Members of the legal profession go by different labels in different countries too, looking for an attorney might not find anyone of that nomenclature.