Clarebabes

I'm after some advice and need to speak to someone informally.

Have spoken to a "No win, No fee" type company as well as a Solicitor who wants £200 up front to even talk about the case, so just need to now if it's worth it....

Neither of them can give me an idea as to whether I should pursue the case to get more compensation than has been offered - they've already admitted liability. I can't go into details on a public forum, but before anyone says it, it's not a botched boob job or sex change

Anyway, if anyone could help, that would be appreciated.

Cheers
Clare
xx

Timwinner

iTrader: (3)

You will never get a solicitor to tell you they can win a case, its one of the golden rules, never commit!!!
Law is fairly simple in its pure form, you will need to pass a threshold test, if you pass this then it means that you have a claim.

I just posted in another thread about places like this Medical Negligence No Win No Fee Compensation
A lot of places do require a small down payment and £200 is pretty fair TBH. I dont work in this field so I would be reluctant to advise you either way, I would suggest you weigh up this:
Can I afford to lose £200?
Am I prepared to lose a case?
Am I prepared for this to take years to sort out?

They are the 3 worst things that will happen if you go no win no fee (check the small print... some make you sign a loan agreement but dress it up as something else)
If you can live with all 3 then move it forwards.

Clarebabes

Thanks for replying Tim. The thing is, I have already "won" the case as I've been offered a figure in an informal meeting, so it's just establishing if there's room for more dosh really. If they're offering in the first instance for example £10K, is this a true reflection of what they think it's worth to get rid of, or do I got in at say £20K and we meet somewhere in the middle?

(Figures are made up BTW)

Timwinner

iTrader: (3)

You dont need a brief to counter offer, At this stage there are limits to amounts you can have for certain incidents. For instance you can get up to £64k for brain damage (injury alone).
If you have an offer you can live with then take it, If you want to do a bit of deal or no deal then bounce it back, having a brief wont safe guard you from the other party withdrawing their offer and saying "sue me"

For a lot of personal injuries (not dodgy 2mph car crash ones) no figure will ever be enough because it sucks being injured. you didnt ask for it, you didnt deserve it and you didnt want it but it happened.
The trick is to know when enough is enough. If you are ready to move on then take the offer, always a chance you could of got more, chance you could have ended up in court.
If the offer is good and you want to peace of mind you might get from a solicitor then pay the £200 but they still wont be able to second guess what the other party will do.

Chances are you will be able to google your injury/complaint with the words pay out or compensation and you will find what other people have won. this might help you decide.

Clarebabes

Thanks again Tim. This isn't exactly brain damage but is still something which is going to stay with me forever, so I dunno what to do! I could just pay the £200, but I would be gutted if they say the maximum I could get is what they've already offered.... However, Googling brings up different amounts ranging from £1500 - £9000! How do I know which end I should pitch at!?

of Northampton!

RJMS

iTrader: (2)

SSLaw Medical Negligence Personal Injury Solicitor - I do a lot of work for them and they are VERY good and local (ish) I think

Midlife......

iTrader: (2)

Have a look at the CICA website at what (minimum) compensation is awarded for various injuries...

Criminal Injury Compensation Board Claims

Shaun

Devildog

Clare,

Here's the funny thing. Any reputable firm will give you an initial consultation for free, during which they will disccuss the likely outcomes for you and give you a better understanding of what's involved.

You will get better and more impartial advice too.

I'd stay away from anyone who wants cash up front, or wants you to sign anything on the first meeting. Use a reputable firm based on word of mouth referral if you can.

Also be wary of the no win no fee type places too.

Dingdongler

Clare, please give exact details of injury with pictures and I will tell you what its worth.

The Zohan

Hi 'Confused of Northampton',

do you have home insurance, if so it is likely you have Personal Injury cover (usually part of most home in policies) to the value of around 50k - speak to your home insurers?

tarmac terror

iTrader: (2)

I recall reading something some time ago about Alternative Dispute Resolution being required ahead of instigation of civil law proceedings in personal injury / loss / damages cases. I cant recall all the detail, I am sure some of the legal types can confirm, but my understanding is that the ADR process has to be instigated before the case can proceed to court.

I would consider carefully if the amount agreed will wholly compensate you for the injury / loss / damage or whatever. I would suspect any amount offered would be in full and final settlement, preventing any further recourse to the company or individual concerned.

In light of personal injury claims I would exercise some caution, that any medical reports are absolutely accurate, and fully consider the long term prospect for complication or worsening of any condition as once the settlement is accepted there is unlikely to be any further recourse to seek further compensation should your condition worsen. So ensure the offer from the company is adequate.

Diesel

Try Nigel at JMD Law in Cardiff. He just won a big case as some highly paid NHS guy didn't give a sh and caused a lot of unnecessary pain and damage to (a tax paying) family. He explained to me that the NHS have to insure against this so it the insurers taking a hit, not other patients or the NHS generally. Still a bit difficult for me, but I'm not 'there'. D

Clarebabes

Thanks for all of your replies, I have received some help from someone on here and that has answered some of my questions - thanks to you! (You know who you are!)

This was in a private hospital BTW, so not NHS related.

Paul, the "No win, No fee" place suggested house insurance, she said I don't have to pay for anything if that's in place. Reluctant to go down that route to be honest as could take ages!!! And then I may still not be any better off.

Will go with advice and try not to get solicitors involved unless they want to play dirty

The Zohan

Hi Clare,

Chances are it will take ages to conclude anyway, even with liability admitted there will be professionals/specialists to be seen who will assess the extent of the injury etc and how it has affected you and how it may affect you in future (if applicable).

It is all about the money, how much they feel they can get away with paying you in the end and how tenacious and how long you are prepared to wait and hold out for.


suggest you allow 6-12 months to conclude with visits to several specialists...

Good luck!

Clarebabes

I've already been to a specialist and a report written which is in my favour really - they paid for that too. They seem to just want it over and done with, want to avoid solicitors really.

I now have a plan of action, but off skiing tomorrow, so will have a think when I get back. Can't wait to go