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Personal injury claims "no win, no fee" - anyone any experience?
(68 Posts)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.
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This is an old thread revived by someone wanting to advertise.i expect it's been resolved.
Choose a solicitor accredited to the Law Society's Personal Injury Panel. You should find details in their website.
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.
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.
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.
Reported
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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.
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.
"The Law Offices of Koorosh K. Shahrokh, based in Encino, California, is a personal injury law firm." from his web site.
Your post is about the USA, so the details may not be relevant to the UK.
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.
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.
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.
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!
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.
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.
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.
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.
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?
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.
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.....
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!
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