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Original poster

A friens has had an accident at work and needs advice re no win no fee.

20 replies

Madoldcatlady · 29/11/2007 14:12

A friend fell at work and broke her arm, badly. She's waiting to find out if she will need surgery and has been told she may be left permanently disabled. Her employer has advised her to get a solicitor but what is the best way forward?

Does she get a "no win no fee" one and risk getting fleeced for a fortune or find a local solicitor that would take her case on.

TIA.

OP posts:
meep · 29/11/2007 14:13

is she in England or Scotland?

Original poster
Madoldcatlady · 29/11/2007 14:15

England.

OP posts:
Freckle · 29/11/2007 14:15

Why does she think a "no win no fee" solicitor will fleece her?

Generally, in this situation, the solicitor will recover his/her costs from the other side, if the claimant is successful. They don't take a percentage of the amount awarded. If they don't win, then the solicitor suffers the loss.

Many solicitors offer the "no win no fee" arrangement, so your friend should check out local firms. Recommendation is the best way, but, failing that, the Law Society website will give details of firms in her area.

Original poster
Madoldcatlady · 29/11/2007 14:18

She got a solicitors number off her outpatients appointment card and has been in contact with them but the language they used when writing to her is so ambiguous. Lots of "we may" charge this much or award you "up to" certain ammounts.

It just seems like a bit of a mine field and she's very anxious to get it right.

OP posts:
meep · 29/11/2007 14:19

Have a look on www.APIL.com: this is the Association of Personal Injury Lawyers - your friend can search for someone local to her - she should tell them she got their details through the APIl website.

Don't think that an APIL lawyer would ever "fleece" her and if they did then she could report them to APIL.

Blu · 29/11/2007 14:26

When I supported a collegue to pursue a personal accident claim, we found a v good lawyer from the Law Society website as Freckle suggests.

He did then recover his fee costs from the other side,in addition to the money he claimed for her in costs and compensation. i.e it didn't come out of the money awarded to her.

I think there have been cases of 'ambulance chaser' claims companies who offere no win, no fee' and then take a huger percentage of the compensation, and I assume this is what your friend wants to avoid.

Law society website.

The lawyer we found sid it would be 'no win no fee' but then he wouldn't take it on unless he thought she had a good case for success anyway - he had an initial consultation with her to assess that.

As she had been run over on a zebra crossing, by a driver who was subsequently convicted for it, she clearly had a strong case!

Original poster
Madoldcatlady · 29/11/2007 16:51

Thanks for your advice girls. I'll pass that info on to her.

OP posts:
NoNameToday · 29/11/2007 17:01

I take it your friend isn't a member of a union Madoldcatlady?

Some household insurance policies and motor insurance policies have legal help, maybe she has some cover that way.

Freckle · 29/11/2007 17:53

Please be aware that "no win no fee" does not mean that your friend will never have to pay anything.

If she pursues a case and loses, she may be ordered to pay the other side's costs. The "no win no fee" bit only refers to her own costs. Many people do not realise this and are shocked that, if they lose, they not only don't recover any compensation but can end up vastly out of pocket when ordered to pay the other side's costs.

She should check her household insurance to see if they offer legal expenses cover.

Original poster
Madoldcatlady · 29/11/2007 20:29

-+No she's not in a union. She's not a car owner/driver so no cover there and lives in rented so no buildings insurance and no extra cover on her contents insurance.

She's had a seriously crap couple of years in terms of relationships and finances and really needs this to go well for her. I.e. if she's entitled to a payout it would be a huge boost to her in her life if it could go as smoothly and with as little stress as possible.

OP posts:
Whizzz · 29/11/2007 20:31

Was it the clearly employers fault that she fell ??
I would avoid no win no fee - as the actual payouta re very small - even if you win

Whizzz · 29/11/2007 20:31

cases can also take a long time (6-12 months in my experience) to be settled, its by no means an easy ride

Original poster
Madoldcatlady · 29/11/2007 20:38

Yeah, I know. She deserves something to go right for once. I thought if I could get a bit of advice from you girls it may make things a bit easier for her.

It really is hard as a stranger to these things to know what to do for the best. She could really do with the payout but on the other hand she really can't afford to find herself in a position where she has to payout herself.

OP posts:
Whizzz · 29/11/2007 20:41

in order for her to win, her employers have to prove that it was the employers fault that she was injured.
Employers solicitors will try & prove it was her own fault - ie basically she should have looked where she was going etc. I know it sounds harsh, but thats how its done

Whizzz · 29/11/2007 20:41

sorry - shoudl have rad in order for her to win, her SOLICITORS have to prove

Bluestocking · 29/11/2007 20:45

But nothing you've said indicates that it was her employers' fault that she fell and broke her arm!

Whizzz · 29/11/2007 20:54

Hang on - will write that a bit more clearly:
for her to win compensation, her solicitors have to prove that the employer was negligent and that the negligence caused your friends injury.

The employers solicitors if they want to fight the case will try to prove that they had done everything reasonably practicable to ensure her safety & that the injury was caused by her own negligence (or something similar)

Original poster
Madoldcatlady · 29/11/2007 21:33

I don't want to give out too many details on here but she broke her arm doing something that was accepted as standard practice by staff and employers alike that involved standing on a stool!

Probably said too much already

OP posts:
Lilymaid · 29/11/2007 21:40

Your friend should ensure that the accident was reported to the HSE and the local authority should investigate. I would avoid no win no fee organisations and solicitors who advertise within A&E departments (would suspect them of charging vulnerable people excessive fees). Use an APIL solicitor as Meep suggested.

Whizzz · 29/11/2007 21:53

Lily - be aware that the HSE are unlikely to come out & investigate soemthing like this - however the employer does have to report the injury as a legal requirement.

If she had to stand on a stool, the questions that probably would be asked by solicitors are : was the task risk assessed & had that highlighted the risk of falling - what control measures were in place to prevent people falling, was the stool damaged, was she wearing suitable footwear, did she reach too far over & this caused the fall, etc etc. Hard to advise more without knowing more details.
A good solicitor would be able to give good advice if she gives all the facts but i would keep clear of no win, no fee companies

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