solicitor advice? no win no fee?
03 March 2003, 03:41 PM
#1
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I had a bad fall 2 weeks ago injuring my knee and elbow, i keep getting pain in my knee and when the pain comes IT HURTS!
I fell over these while changing a car battery.
at the time the white edgings were dirty and black because of the cars covering them but since iv reported the fall to the housing group that owns the elderly flats and car park they have painted them white even though they promised to remove them!
ive been to to a 'no win no fee' solicitor who said iv got a good case, but iv never done this before, so i need advice.
do i have a good case?
whats in this for the solicitor if i win?
I fell over these while changing a car battery.
at the time the white edgings were dirty and black because of the cars covering them but since iv reported the fall to the housing group that owns the elderly flats and car park they have painted them white even though they promised to remove them!
ive been to to a 'no win no fee' solicitor who said iv got a good case, but iv never done this before, so i need advice.
do i have a good case?
whats in this for the solicitor if i win?
03 March 2003, 04:08 PM
#4
No Win No Fee
No up front costs, no costs during the conduct of your case & no % sucess fee - to you the claimant.
If the case fails, the solicitor gets not a penny. If they win, then they get their costs + a possible sucess fee, which is a % bonus set at the start of the case, depending on its perceived complexity. The bonus is a % of the costs claimed by the solicitor & added on. The other party pays for it & it does not come out of the "winnings". Certain types of cases can not have a success fee (minor road traffic & trip/slip etc) but the % can be from 0%-100%.
You will/may have to pay dispersements such as specialist reports and medical records.
Contingency Fee
For this there is an unfront charge of some amount. This is considered an insurance premium & covers you/solicitor in the event the case fails.
This is only for certain types of cases.
Your case.
Bit of a no brainer. It doesn't cost you anything to run (bar dispersements) & all the risk is with the solicitor. If he loses, then he won't get costs - simple. If he wins, he gets his costs & you get the amount awarded (not less any sucess fee).
There might be some variations by some claims management companies on the No Win No Fee basis & sucess fees - I would recommend staying away from them & going to a specialist personal injury firm of solicitors.
No up front costs, no costs during the conduct of your case & no % sucess fee - to you the claimant.
If the case fails, the solicitor gets not a penny. If they win, then they get their costs + a possible sucess fee, which is a % bonus set at the start of the case, depending on its perceived complexity. The bonus is a % of the costs claimed by the solicitor & added on. The other party pays for it & it does not come out of the "winnings". Certain types of cases can not have a success fee (minor road traffic & trip/slip etc) but the % can be from 0%-100%.
You will/may have to pay dispersements such as specialist reports and medical records.
Contingency Fee
For this there is an unfront charge of some amount. This is considered an insurance premium & covers you/solicitor in the event the case fails.
This is only for certain types of cases.
Your case.
Bit of a no brainer. It doesn't cost you anything to run (bar dispersements) & all the risk is with the solicitor. If he loses, then he won't get costs - simple. If he wins, he gets his costs & you get the amount awarded (not less any sucess fee).
There might be some variations by some claims management companies on the No Win No Fee basis & sucess fees - I would recommend staying away from them & going to a specialist personal injury firm of solicitors.
03 March 2003, 04:47 PM
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Be careful, I've heard of inflated legal fees being charged, the court deems these not to be fully recoverable from the third party and therefore they get recovered out of your award.
D
D
03 March 2003, 05:16 PM
#6
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If i got a letter from one of these type companies (??) As I once did. i phoned up and told them straight. "You will never get a penny."
never heard from them again.
Clients of mine tell me these companies are the laughing stock " in the legal trade and never worry about them. Got a REAL problem ??? GET A REAL GOOD COMPANY TO SORT IT OUT>
[Edited by Neil Smalley - 3/3/2003 8:29:33 PM]
never heard from them again.
Clients of mine tell me these companies are the laughing stock " in the legal trade and never worry about them. Got a REAL problem ??? GET A REAL GOOD COMPANY TO SORT IT OUT>
[Edited by Neil Smalley - 3/3/2003 8:29:33 PM]
03 March 2003, 08:12 PM
#7
Dunk
Depends on the agreement/contract made with the solicitor, so read the small-print
& I hate to have to agree with Luke, when he so obviously words his post to be peuriley offensive
, but seek out a proper PI solicitor, preferably one who's solicitors are APIL members (Association of Personal Injury Lawyers). If nothing else, its harder for solicitors to be sharks due to the rules/regs surrounding their professional conduct.
Depends on the agreement/contract made with the solicitor, so read the small-print
& I hate to have to agree with Luke, when he so obviously words his post to be peuriley offensive
, but seek out a proper PI solicitor, preferably one who's solicitors are APIL members (Association of Personal Injury Lawyers). If nothing else, its harder for solicitors to be sharks due to the rules/regs surrounding their professional conduct.
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03 March 2003, 08:36 PM
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Puff..... you still got the lens!!!!
These companies are only there to make £££££
As soon as they know its not happening.. they dump the client. The insurance package is a con.
Courts dont like them. Pay for the best and sit back..
[Edited by Luke - 3/3/2003 8:44:27 PM]
These companies are only there to make £££££
As soon as they know its not happening.. they dump the client. The insurance package is a con.
Courts dont like them. Pay for the best and sit back..
[Edited by Luke - 3/3/2003 8:44:27 PM]
03 March 2003, 09:04 PM
#9
Luke
No, I have as you well know
As I said in the first place, pick a specialist firm of PI solicitors & you will have your claim handled properly. As the cost is the same as a PI Claims Management Co, then you won't potentially lose out, but receive a better & more experienced treatment.
Now that we've established that firms of PI solicitors are different to Claims Management companies, please Luke do not post more inflamatory material - keep to unemotional facts
No, I have as you well know
As I said in the first place, pick a specialist firm of PI solicitors & you will have your claim handled properly. As the cost is the same as a PI Claims Management Co, then you won't potentially lose out, but receive a better & more experienced treatment.
Now that we've established that firms of PI solicitors are different to Claims Management companies, please Luke do not post more inflamatory material - keep to unemotional facts
03 March 2003, 09:27 PM
#11
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Whatever you do DO NOT USE CLAIMS DIRECT like I did
it is still costing me, i now owe them around 400 pounds, and this sum increases every day !!!!
However I could suggest Antony Hodari in Manchester (Opposite Arndale on Market Street) know them pretty well
Or Jones Maidment Wilson behind the Courts in Manchester, or Pannone & Partners on Deansgate
Ive done extensive work at all of those
Steve
it is still costing me, i now owe them around 400 pounds, and this sum increases every day !!!!
However I could suggest Antony Hodari in Manchester (Opposite Arndale on Market Street) know them pretty well
Or Jones Maidment Wilson behind the Courts in Manchester, or Pannone & Partners on Deansgate
Ive done extensive work at all of those
Steve
03 March 2003, 09:33 PM
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i've currently got a PI claim going through with Rowlands on Manchester Rd, Droylsden..........not had a problem with them and they are very good at keeping me informed of everything that goes on.
to add to what has already been said above.......try a 'proper' solicitor not on of these 'claims' companies that have popped up over the past few yrs!! warning rec'd from a mate in the insurance trade.
to add to what has already been said above.......try a 'proper' solicitor not on of these 'claims' companies that have popped up over the past few yrs!! warning rec'd from a mate in the insurance trade.
04 March 2003, 09:43 AM
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Before a claim is accepted, the solicitors you instruct will or at least should have a screening procedure to ensure that there is at least a reasonable chance of success. Of the 20 or so cases we screen every week, we reject probably 80% for a whole number of reasons.
When you approach a solicitor for PI cases, ask them what panels they belong to for example The Law Society Personal Injury Panel, The Association of Personal Injury Lawyers (APIL), The Motor Accident Solicitors Society, Headway, The Richard Grant Society to name but a few.
Membership of these associations ensures that they have a good reputation within the PI legal services framework.
The only No Win No Fee agreement (or Conditional Fee Agreement to give it its proper title) that is approved by the Law Society is one operated by Accident Line which affords peace of mind if the case goes pear shaped and it means that you will not be liable for any costs. Someone mentioned the success fee and they were quite right in how it works, but a reputable firm should not boost their hourly rate just to enhance the success fee they may get.
The solicitor appointed should explain to the client exactly what the CFA is and how it works. In addition to a copy of the signed CFA the client will also receive a copy of the CFA insurance policy (which a reputable firm will put in place) as well as a letter explaining the solicitors duty of care to the client. Do not sign the CFA until everything has been explained to you, and it must be done in person not by post except for very exceptional circumstances.
When you approach a solicitor for PI cases, ask them what panels they belong to for example The Law Society Personal Injury Panel, The Association of Personal Injury Lawyers (APIL), The Motor Accident Solicitors Society, Headway, The Richard Grant Society to name but a few.
Membership of these associations ensures that they have a good reputation within the PI legal services framework.
The only No Win No Fee agreement (or Conditional Fee Agreement to give it its proper title) that is approved by the Law Society is one operated by Accident Line which affords peace of mind if the case goes pear shaped and it means that you will not be liable for any costs. Someone mentioned the success fee and they were quite right in how it works, but a reputable firm should not boost their hourly rate just to enhance the success fee they may get.
The solicitor appointed should explain to the client exactly what the CFA is and how it works. In addition to a copy of the signed CFA the client will also receive a copy of the CFA insurance policy (which a reputable firm will put in place) as well as a letter explaining the solicitors duty of care to the client. Do not sign the CFA until everything has been explained to you, and it must be done in person not by post except for very exceptional circumstances.
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