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

I appreciate that, jeni, but I have been told by a couple of people that she should not have sued because 'mistakes happen'. All surgery carries some risks, but this surgeon carried on operating long after it was obvious that he had become incompetent - and nobody in the whole bloody system blew the whistle. Then he tried to get voluntary deregistration on the grounds that he did not want his own health problems to be made public. I am guessing that he knew he was suffering from some condition that affected his work but just wanted to boost his pension pot by doing as much private work as he could before he retired.
I have read so much about 'medical accidents' in the last nine years, and I know how much covering up goes on, and what happens to whistleblowers.
This is why I find it completely unacceptable for anyone to say that people who have been genuinely injured should not bring a claim for damages. (Nobody has suggested that here.)
This is about Mishap's accident, and I really hope she continues with her claim and makes the ferry company accept responsibility for the safety of their customers. Why should she have to suffer so much pain and inconvenience without some redress?

The frivolous claims are the ones that earn the title 'compensation culture' GN!
Not genuine ones like your daughter!

I am afraid references to the compensation culture upset me somewhat. MY daughter had her life ruined, and I was told on one forum that she was a scrounger. She lost her home, her business, her looks and almost her life. When people cause harm to others by being negligent, reckless or careless they have to be challenged or they will never improve.
If any of the other dozens of women had put in a formal complaint against her surgeon in time, he might have been stopped long before he was.
To the best of my knowledge, there have been no convictions of any senior personnel of any UK company for corporate manslaughter, in spite of the mountains of evidence of cost cutting measures which have resulted in death and injury of employees and others.
Perhaps the ferry company will be forced to take action to improve their service once Mishap makes her complaint. She might save others from injury.
I am not talking about claims for injured feelings because some woman has received unwanted attention from some man at work, or the many false claims for whiplash injuries. These simply detract from the seriousness of genuine claims.

Yes "merlot" I did check that - the personal injury solicitors are obliged to get you to fill in a form that looks at other sources of covering the legal expenses, so I went into all that.

One suggestion on the form was that my credit card might cover this - but seeing as the ferry charge was £1 paid in cash this seemed a bit of a long shot!

Mishap Have you checked your household insurance? Some policies give you cover for legal expenses. I used mine for an employment tribunal issue seven years ago. The insurance company contacts your solicitor to get details of the case and then lets you know whether they will accept the claim.

I am still not sure I am doing the right thing as the whole compensation culture is one that I abhor. But we have incurred lots of expenses (including having to get an automatic car) and the future for this injury is somewhat uncertain - Boring foot update" thread. If surgery is needed it mwould be good to get it done privately and speedily.

Mishap, thanks for being so candid. Its certainly a fraught subject, I hope you get sorted.

No win no fee insurers won't take your case unless they feel you have a very good chance of winning - say more than 70%. I think in a straightforward negligence case you would get 100% of the damages plus any costs incurred for private reports and consultations. Medical negligence is a very different field - more like a quagmire!

Hilda - the facts of the case have always been the same - but to begin with I decided not to pursue a claim as I did not want the hassle. It was only as I began to realise the extent of the injury and the implications for the future that I started to take the idea of making a claim seriously. Also my SIL has encouraged me to do so - he runs outdoor events and is used to the possibility of claims and his insurers deal with it.

The pub made no provision for helping people off the ferry even though the river was so high from the heavy rain. There was no step to alight on or a person to help you off. The firm of solicitors that I have contacted think there is a clear case to answer. I am assuming that it will be a simple case like miceElf's and just involve the insurers meeting the claim (or not).

I just need to feel reassured that I will not be liable for any costs - the bumf from the solicitors looks that way - I just hope I have understood it correctly.

DH has had 2 claims one for a work injury and one for a RTA which was caused by a diesel spill. Both claims were arranged by his union. The solicitors were specialist. However they were based in different counties both times. The 1st took 12-18mths the 2nd 4yrs! In that time they changed the person handling the case 5-6 times. As has been said keep ALL med records photos etc
DH had to see other parties doc on more than one occasion, and present himself for professional pics of his scars.

PS I got 100% of the damages. The parties were insured against this sort of claim.

You are right, Hilda, some accidents are just that, but the 'Man on the Clapham Omnibus' rule will be followed - ie. was somebody negligent in the provisions made for passengers in various circumstances. Could an accident have been foreseen by a reasonable person?
In my daughter's case, it was agreed that no reasonably competent surgeon would have left my daughter with a punctured stomach and failed to diagnose it. Surgeons do make genuine mistakes, it is bound to happen, but patients have to be reassured that their injury is not the result of negligence, incompetence or malice. There were 75 separate complaints about David Jackson but he was not suspended for many years.

Yes. I was pushed forward by a surge of people exiting a concert and broke my wrist. The lighting was very poor, there was no handrail and insufficient stewards. It took some time but I got a very acceptable amount in compensation.

Sounds as if you had a horrid time Mishap and that you are having to cope with a lot, so sorry. On a purely personal and rather nosey level I am curious that you are only taking this route because of the way your injuries are healing. In law, is it not more about how negligent the original incident was i.e. was the accident foreseable and was someone not doing something they should have, and not what the eventual outcome is?

Thanks greatnan - I will pm.

Anybody have a good experience!?

Yes, I have very bitter experience, but of a medical negligence claim against the surgeon who brought my daughter close to death. Choose your solicitor carefully, preferably one with great experience in the field and also close enough to your home as you will almost certainly need to visit them.
Make sure you have all your medical records and photographs available. Don't expect anything to happen quickly - it took seven years to settle my daughter's case out of court, the week before the trial was set, even though the surgeon admitted liability after 17 months.
Read the small print in the contract very carefully and take the 'no win, no fee' and 'you will get 100% of any damages' with a pinch of salt.
Please send me a pm if I can answer any specific questions.