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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.

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 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 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).

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.

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.

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!

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.

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

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

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

Reported, just in case!

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

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

Reported.

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

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

Reported.

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

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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.

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

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

hnsmith Fri 19-Apr-13 05:44:40

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Greatnan Sat 16-Feb-13 07:03:36

No, I am visiting my older daughter who cannt blame anybody but her dogs for her broken ankle!

GadaboutGran Fri 15-Feb-13 18:19:05

Glad it was helpful. Is this the daughter you are visiting in Nelson?

Greatnan Fri 18-Jan-13 18:31:31

What a helpful post, Gadabout.
We were told that a claim must be made within three years of the date when the injury became known - i.e. in the case of an adverse effect which emerged after the three years, a claim could still be made.
In my daughter's case, she developed a huge incisional hernia about a year after the operation to repair her stomach which was still in date.
Of course, you can have a provisional settlement which can be revisited if adverse effects develop later.
There used to be very limited access to Legal Aid for these case, but it was means tested and the equity in your home was taken into account. Nobody could explain where my very ill daughter and her four childrem were supposed to live if she had to sell her house or how she could possibly face putting it on the market and finding a cheaper property. In the event, with the loss of her business I had to sell my house in France and lend her the proceeds, then rent for over four years at my own expense.
As usual, all the advantages are on the side of big business or the huge Medical Defence Union, which can afford to drag things out and pay for the best solicitors.

GadaboutGran Fri 18-Jan-13 16:08:34

The term 'compensation culture' gets my blood boiling. No win no fee is a lifeline for people who cannot otherwise afford to get justice from people cutting corners on safety. The vilification of claimants as scroungers is a good way of putting all but the dishonest off. It's always best to get advice about a claim asap & collect evidence early rather than leaving it until past the deadline., though .

My experience is in helping people involved in traumas & major disaster. The medic-legal process was more traumatising for most than the original trauma. Some who felt too guilty to claim felt embittered later when their problems mounted - the one who overcame the guilt just in time was pleased with the result - psychologically as well as financially. Others had no option but were soon made to feel terrible. Medical & occ health assessors employed by the insurance companies reduced even the strongest 'stiff upper up' types to tears telling them they were not in pain. I had to act as advocate many times against reports by highly paid psychiatrists who clearly had no idea about real-life trauma or the lives of ordinary people. By being persistent (for up to 4 years or more) & not being fobbed off, most people got what they'd hoped for & some did much better - but paid a price for what the process involved & rarely felt that real justice had been done. Solicitors usually made 2-3x as much money from the process as the claimant. They have insurance cover for if they lose.
Test the water first - you may be lucky & have no problems settling. However, my advice from my experience is only do this if you have good support, detailed evidence of physical, psychological & economic loss, an excellent solicitor, your losses make the process worthwhile & you won't feel worse for not trying. Not doing it because you feel guilty about claiming is not a valid reason. You need to be very business like & cut out any emotions like guilt as these will be played on by some insurers.
Good luck & go for it. Just thinking about this makes my blood boil about the way people are vilified for making honest claims and about what traumatised & injured people are put through by the medico-legal process.

Mishap Fri 18-Jan-13 10:56:02

Yes "greatnan" I am sure you are right. Frivolous claims get the claimants a bad name and make those with genuine claims feel uncomfortable. I cannot believe that anyone made you feel your D's claim was frivolous - it all sounds truly dreadful. The whole "whistle blowing" issue is a difficult one and it is dreadful that people are continuing to practice medicine/surgery when they have become incompetent. Proper systems for reporting are needed that do not leave the whistle blower vulnerable.

I am expecting a call soon from the solicitors to take me through the details of the no claim no fee document that I have to sign. If I feel happy with the answers then I do plan to go ahead. I am not expecting a huge amount of money any time soon, but hopefully some thought will be given to the safety of their passengers and they will be motivated to take this seriously.

Greatnan Fri 18-Jan-13 00:16:01

Thank you, jeni!

jeni Thu 17-Jan-13 23:49:41

I'm agreeing with you