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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Any solicitors out there ? Does this seem right?!

6 replies

LottieandSeth · 04/09/2017 17:46

DH recently had food poisoning from a restaurant visit. Ended up in hospital after chest pains and was admitted as had had a heart attack when he was in his 30s. In hospital for 3 nights and now awaiting further tests.

Been in consultation with their solicitors who have stated no liability but have offered £2k as a goodwill gesture. Unsure as to whether this is a fair offer (having never received compensation for anything before ) ???

Because DH wasn't sure either he visited a solicitor today - they quoted a fee of £300 and said they'd look into it further but here's the thing - they said they would let him know what percentage of the final settlement they'd take (if it got that far of course).

Is that normal ? Do they usually take a percentage like that ?

Any help greatly appreciated.

OP posts:
Oldie2017 · 04/09/2017 18:00

Solicitors can either charge for their time eg the £300 fee above to look at it and later in the case for the number of hours the case takes and you may pay monthly throughout for example or charge on a no win no fee basis and if you win they can claim a higher amount than their normal fees but if they lose get nothing or once a case is started on a % basis - damages based agreement (or before it starts a % of what is recovered). In the old days these percentage charges and the non win no fee were strictly forbidden.

Now they can charge on these bases if you agree that with them.

It might be worth waiting to see what the further tests say before doing much eg if there is no damage then £2k might be fine - seems quite a lot to me for being in hospital 3 nights. Whereas if he is injured for life then he might be entitled to a lot more.

Hont1986 · 04/09/2017 18:34

Like the previous poster said, unless he has actually suffered some loss then what would the compensation be for? Perhaps some missed days of work?

LottieandSeth · 04/09/2017 18:46

Thanks for the replies. He lost a weeks wages and will have to go to the hospital for regular check ups on his heart as a result of the food poisoning. It's very hard to find out if the amount he's been offered is a fair offer .

OP posts:
Oldie2017 · 04/09/2017 19:10

Does he not get sick pay? Also could he have caught a sickness germ and it not be related to the restaurant?

It would probably be worth your calling one of the better known personal injury firms just to get a feel for what is usual for that kind of financial loss.

He does not need to use a solicitor of course and then he would not be paying any charges for their work.

bunningsbunny · 04/09/2017 19:24

Do you have legal cove with your home insurance? Worth checking and using as they will be free as you've effectively already paid for it as part of your insurance...

thisismadness77 · 04/09/2017 19:34

If he is in a Trade Union he might have legal cover. The one I work for includes personal injury claims.

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