To pursue a personal injury claim - long, sorry!

[Bingdweller]

I feel in such a dilemma regarding a personal injury claim for an accident I had a few weeks ago. I don't want to out myself by giving away too much so I will keep it vague without hopefully drip feeding.

I suffered a terrible accident in a public place. It involved paramedics, ambulance transfer to A&E, transfer to my local hospital then surgery and a 5 night stay in hospital. All is going well with my recovery and my initial rehab will take approximately 6 months with full function in around 2 years. I have very disfiguring scarring and will need further surgery. Basically, a lifelong impact although thankfully I will be able to get back to work in a few weeks and resume most of my normal activities.

The incident occurred due to defective flooring (worn metal). The HSE are involved and the local council have informed me an inspection has taken place - the establishment involved were duty bound to report due to the severity of the accident.

The repercussions have been enormous. DH was working abroad and had to be brought home (took 2 days). I have 2 pre-school DC and I am unable to do anything for them. I need help with the most basic tasks - washing & dressing myself etc. never mind looking after kids. My DH is paid per the day and we have lost a lot of money in wages due to him coming home - he does not get paid when not working. He will have to go back to work next week as all our savings are needed for next months bills. I will need to rely heavily on family and friends.

I have always been very disparaging of the "no win, no fee" solicitor adverts. I am gutted to be in the position of needing to claim. The dearth of crappy adverts encouraging people to claim, frankly, disgusts me. Since being housebound I am shocked at how many of these adverts are around.

I have been advised by my lawyer this morning that I have a very good case and they are happy to pursue legal action on my behalf. I feel shit about it and don't know what to do. My morals tell me it was an accident and not to claim, my bank balance tells me we are massively down on DH earnings and have lots of associated expenses due to the injury. I don't know what to do....

[MyLastDuchess]

What a horrible accident. I agree with almost everyone else, in that yes some people misuse this sort of compensation system, but an incident like yours is exactly what it's there for.

A friend of mine had a similar accident at home and totally smashed her ankle. It took a long time and a lot of physio, but she has made a great recovery. I wish the same for you :)

In my friend's case it was a true accident: a window had been left open in her home and an unusually large amount of rain left a puddle on the stairs. In your case the 'accident' sounds like it could have been prevented if the stairs had been properly maintained. I don't see why you should have to suffer financial consequences on top of the physical ones when proper care could have made the stairs much less dangerous. YANBU.

[AnyoneforTurps]

YABU. Like you, I hate the "Where there's blame, there's a claim" culture, but sometimes a personal injury claim is the only way to get fair compensation. My DH ended up pursuing a PI claim against a building company. Won't go into details as I don't want to thread-hijack, but he had tried every other way to settle yet in the end the only way to avoid being £5k out of pocket was a PI claim.

Don't forget that the main reason that contingency fee cases were introduced to England & Wales was because Legal Aid was withdrawn for most civil cases. For most of the population - everyone who can't afford lawyers' fees - contingency fees are now our only route to justice for civil claims
unsuitable for the small claims track, so don't feel too guilty.

[holyfishnets]

Yes claim. The accident was preventable.

[mindosa]

I would think twice about claiming against an individual - I think its mercenary

[RuleBritannia]

I agree with Chelvis; keep a note of everything you have had to pay for concerning your injury/condition. Keep all relevant receipts, too, though.

[Chelvis]

Maybe it's different in Scotland, but when I used a 'no win no fee' firm, I didn't pay anything out of my compensation for my solicitors fees - their costs were claimed from the other side.

You are absolutely right to pursue it. I used to be quite negative about these 'compensation chasers' - until some ridiculous negligence left me off work for 3 months, unable to brush my own teeth or hair, and on 3 different medications a day. I am so grateful for being able to get compensation - it not only covered my costs (loss of wages, prescription fees etc), it paid for some physiotherapy that got me back to (almost) normal, and I got some money for the emotional distress, which wasn't a lot, but it did cheer me up!

My advice would be to constantly and immediately write everything down that this is costing you (e.g. prescriptions, taxis if you are unable drive, ready meals if you are unable to cook) and every time it has caused you a problem (can you hoover and clean? can you cook? put the bins out?). You are probably in the mindset still of trying to be positive, to get on with things and almost to minimise it. You have to document everything whilst it is still fresh and not to minimise it. It isn't compensation chasing, it's restoring you to the position you would be in if someone hadn't been negligent. Good luck! My case took almost a year to resolve, but it took very little input from me, apart from 2 1hr medicals, a lot of form signing and the aforementioned notes!

[Bingdweller]

crispy I am in Scotland and incident also happened here.

Thank you to everyone who is giving me good advice, I really appreciate you taking the time to do so. X

[Nymia]

Meant to add:

So you should pursue the case, and do not let anyone make you feel ashamed of it. You are entitled to put your family, your finances and your health first. please don't feel as if anyone will look down on you for it.

[Nymia]

Go for it.

Personal injury claims aren't to "get something for nothing", they are to help restore you to the situation you would have been in had you not had the accident.

You won't get compensation that will drastically improve your situation, it will only mitigate your losses - your DH's earnings, help with childcare, travel, any medical expenses, your own wages if affected, etc.

From the sounds of it, it was an accident that could easily have been avoided by due care and attention on the part of the business. Failure to look after and maintain the staircase which is in regular use is not only dangerous but directly led to your injuries and to your family losing money. This is exactly the sort of case that personal injury law was designed for - not to make you a millionaire with a cast overnight but to help right a wrong that should never have happened.

[RuleBritannia]

Go for it. I was a legal secretary for years in personal injury and it sounds as if you have a very good case. Give your (good) solicitor the names of anyone who saw what happened at the time or immediately afterwards.

If you win (and you probably will), your legal costs should be borne by the defendant not by you out of your compensation so bring that aspect up with your solicitor.

No one yet knows the outcome of your injuries so only a beginning can be made with the legal business because there is an end limit to the time allowed before suing someone or a company for personal injury. No one knows how long the case will take because how you will be able to cope with life at the end of your treatment is important. Gosh! They were long sentences. I hope it makes sense!

[crispyjojo]

Are you in England or Wales? If so, you shouldn't have to pay anything towards legal costs and most solicitors firms now do not charge the client to pay money towards costs.
No win no fee agreements were brought about because legal aid was previously available and is not available anymore for personal injury claims.
The government is currently looking into how to reduce the number of whiplash claims.

[DappyHays]

You may find your legal expenses are covered by your house insurance so you don't therefore have to go down the no win no fee road.

Good luck. It sounds like you've had a really bad time of it.

[suburbandweller]

Situations like yours are what CFAs are designed for - they allow people who wouldn't otherwise be able to fund a genuine claim to seek compensation for injury suffered as a result of someone else's negligence. You absolutely should not feel guilty about pursuing this. As mentioned by someone else upthread, it will most likely be insurers who ultimately fork out for any damages you are awarded (or any settlement) - that's why public liability insurance exists. Good luck with the case and with your recovery.

[Bingdweller]

I may out myself here, oh well - nothing too ropey in my search history! It was a metal staircase and the treads were smooth in parts. My heel slid on the metal and I went over on my ankle causing 3 significant fractures and further hairline fractures. It happened when I momentarily removed my hand from the banister to let somebody past.

My ankle has a large pin and plate and 6 further screws up the fibula. I have a 5" scar.

DH has lost approx £6k in earnings. He is on a good salary but each wage has to last 2 months as he does not earn when home - 5 weeks on/off.

Thank you for giving me the confidence to take this further and to confirm I'm not malingering lol!

[noblegiraffe]

You are not faking your injuries, you absolutely need the money and the HSE say that the flooring was defective so it was not your fault.

Do not feel bad about this in the slightest. This is what insurance is for.

[glossyflower]

There are never accidents only incidents...if these people/company were negligent in keeping people safe then I say yes sue them, as it sounds like your life was severely affected by it with the injuries and recovery.
I don't agree in people exploiting the system but you however have a valid reason, and are not exploiting anyone.

[Mrscog]

The system (including the no win no fee) is there EXACTLY for people in your situation. It's a shame that people fake mild whiplash etc. and exploit the system.

You might be able to get money your DH has 'lost' back I would have thought as well as compensation for the injuries as claims are formed of 2 parts - one actual losses so time off work, money spent on medical care/taxi's if you can't drive etc. etc. and then a part which is the compensation for your injuries.

Good luck, hope everything improves soon :)

[maybenow]

My line on this is that in order to want to claim i would have to have suffered genuine financial cost myself (you have) and i would want to feel that the accident was avoidable and could happen again to somebody else (not just a really freak occurance that couldn't have been forseen) and be sure that by claiming it would mean action would be taken to prevent the accident happening again (it sounds like this is the case for you, but only you really know).

[LisasCat]

If you were drunk and wandering around there with a blindfold on your eyes, or you had climbed over a six foot fence with barbed wire and huge Keep Out signs to be in that position, then maybe you'd be partly at fault. But assuming you weren't (and if you were, that's a hell of a drip feed!) you are exactly the sort of person these laws were put in place to protect. Why should you and your family suffer, financially and in a host of other ways, because of a company's negligence? You are absolutely the genuine article and worthy of compensation.

[Olympicnmix]

Give their negligence led to your current predicament, both physical and financial, then yes you should claim. A friend was very badly bitten by a dog off-lead and sued using one of those no fee no win companies against the owner (dog had bitten another member of the public before). It's not as if you'll jolly off on exotic holidays on it, although fine if you do, but to make up for the loss of earnings now and potentially in the future.

My brother otoh fell off his bike in the middle of the road as he hit a pothole and he gashed his chin, requiring stitches. Yes, the road should be better maintained but he acknowledges as a cyclist he really should have been looking where he was going. He was texted and phoned regularly for 8m afterwards from ambulance chaser firms wanting to know if he wanted to sue. He wondered how they got his details.

[tb]

I would claim if I were you. The HSE are likely to prosecute if there has been a breach of safety law, which sounds likely.

FWIW, I made a claim after I was in a car accident which broke one of the dorsal spines on my neck vertebrae, and am still having repercussions 20 years later. The accident was sufficiently severe to damage my thyroid gland which packed up completely about 9 years ago. Had I known about the possible damage to my thyroid, I wouldn't have settled when I did. Also, as a direct result of the accident I failed a set of professional exams, was made redundant due to breach of contract and found it very difficult to get another job. I still have to explain why I was unable to finish my training where it was started.

So, I would if I were you, as you never know what the future will entail, or what unseen consequences there could be in a few years time.

Best wishes for a full recovery

[Bingdweller]

Guys, thank you. I'm in tears with some of your responses. The lawyers I am using specialise in "no win, no fee" personal injury claims. They are a reputable company and I have had some dealings with them previously through my work. They have won awards for their work and have so far, been very good to deal with.

They do not take a fee for medico-legal report, requesting note or scans or any letters. Any compensation I receive will be subject to a payment of 10-12% maximum towards their costs. Most of the other companies I enquired with take between 15-30%. My hope is that my lawyers are motivated to get the best possible payout in order to obtain a more attractive fee for themselves. I'm not in a financial position at present to pay a lawyer.

I understand that 90% of these claims are settled out of court and usually within 3 years but it could be within a year if the other party admit liability.

Fingers crossed, I feel so much better reading your responses and encouraged to take this further.

[QuenelleOJersey2012]

I hate the culture of frivolous claims but your situation is exactly what personal injury claims are for. You have already paid dearly with your health and yours and your family's heartache and inconvenience for this accident. You can't be expected to continue to pay financially.

I hope you are awarded what you need and deserve and that your recovery continues to go well, it sounds like you've had a terrible time of it

[LulaPalooza]

So-called 'no win no fee' arrangements are fairly common in any civil litigation matters. They're not immoral, they are covered by an insurance policy in most cases and are called conditional fee agreements. Solicitors will only take on a claim under a CFA if they think they have a good chance of winning

I hate those adverts which say "you get to keep 100% of your damages" because that's what happens in all cases anyway, unless a person chooses to pay some of the costs from their damages payment. Most people will take out an after the event insurance policy which covers things like expert witness fees etc. in the event that they lose the claim.

info on CFAs