Jump to content



Supermarket -oap slipped on food - injury claim?


Please note that this topic has not had any new posts for the last 371 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

No benefits have been requested/ paid (yet)....

 

No solicitor instructed. Was potentially going to handle for relative???

Intend to research the procedures...

 

Handle it how exactly?

 

Unless you are a solicitor you cannot conduct litigation and issue Court proceedings for someone else.

 

Further, how do you propose to source and fund a medico-legal report on your relatives injuries and pay all of the Court fees etc?

Link to post
Share on other sites
  • Replies 80
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

What kind of expert is it? Orthopaedic knee specialist I presume.    Usually, there will be an interview and an examination. The interview will he where the expert gets the background of what h

It was indeed a very brief meeting.  As you mention - background details followed by a brief look and a prod He was independent - for both sides  

Well - that's part of the intended research!!

 

We have medical reports; have recuperation requirements; know the 'body parts' that have been affected and their 'legal' value; know the impact on quality of life etc.

Court fees are a normal expense.

What I really meant though - was that the intention is to fully research the whole process and likely arguments that Claimant can make and that Defence may make. To get to the point where either a lawyer is appointed and/or a call to their claim handler is made to suggest legal action is the intended path to take unless they wish to settle? Maybe that is naive, but sometimes the direct approach, from an informed perspective works??

Link to post
Share on other sites

You do not have a medico-legal report that complies with Part 35 of the CPR though. All your relative has are her doctors notes which are not sufficient.

 

How do you know the "legal value" of the injuries without the above?

 

Depending on the value of the claim the Court fee could be £455 or more. However, there is the possibility of Fee Remission depending on your relative's income.

 

Why waste your time and get yourself involved to that extent when your relative can just instruct a qualified solicitor now who already knows the procedures and potential arguments etc?

Link to post
Share on other sites

I agree.

But I do prefer to be super informed; I like to research and learn. I don't consider that wasting my time. Many years ago a child had an accident caused by a faulty product and a lawyer was involved - they sent me details of the legal values of body parts. Obviously a lawyer can argue x,y,z and potential result is better from an expert - but it is good to have a base line of values so I know we are not being fooled...or that the lawyer is being over optimistic...

Obv if it goes to litigation we have to have a proper medical report.

I just don't like court nor all the associated legal costs (even if get reimbursed) - so I am inclined at the moment to get us to a point where we could possibly negotiate w/o going to court??? Maybe won't be possible? Maybe won't get as much as a lawyer could but it may be a good result in a shorter space of time? Just thinking...

Link to post
Share on other sites
I agree.

But I do prefer to be super informed; I like to research and learn. I don't consider that wasting my time. Many years ago a child had an accident caused by a faulty product and a lawyer was involved - they sent me details of the legal values of body parts. Obviously a lawyer can argue x,y,z and potential result is better from an expert - but it is good to have a base line of values so I know we are not being fooled...or that the lawyer is being over optimistic...

Obv if it goes to litigation we have to have a proper medical report.

I just don't like court nor all the associated legal costs (even if get reimbursed) - so I am inclined at the moment to get us to a point where we could possibly negotiate w/o going to court??? Maybe won't be possible? Maybe won't get as much as a lawyer could but it may be a good result in a shorter space of time? Just thinking...

 

 

Well getting a cheap settlement for your relative without being fully I formed about the medical prognosis just to speed things up isn't really in their best interests.

Link to post
Share on other sites

I think you are going off track here.

relative was sent a bunch of flowers and tiny amount of money to spend in the supermarket as a gesture of goodwill... relative thought that was fine. Other family members disagreed and that is why we are where we are - but we do not want greed to get the better of us. In terms of 'cheap settlement' - cheap was their initial offer. We will ask for physio costs, related medical costs, any other cost that will improve quality of life that has since been impaired by the injury, and some form of compensation - anything will be a bonus compared to what they did offer - especially at their age and limited time to enjoy the payout, if there is one.

Link to post
Share on other sites
I think you are going off track here.

relative was sent a bunch of flowers and tiny amount of money to spend in the supermarket as a gesture of goodwill... relative thought that was fine. Other family members disagreed and that is why we are where we are - but we do not want greed to get the better of us. In terms of 'cheap settlement' - cheap was their initial offer. We will ask for physio costs, related medical costs, any other cost that will improve quality of life that has since been impaired by the injury, and some form of compensation - anything will be a bonus compared to what they did offer - especially at their age and limited time to enjoy the payout, if there is one.

 

 

How old is this relative? Are they up for the stress of litigation and going to Court if necessary?

Link to post
Share on other sites

Obv if it goes to litigation we have to have a proper medical report.

 

Without a CPR compliant medical report you have no solid evidence of the claim for damages that can be valued in accordance with the judicial college guidelines.

 

As a defendant PI lawyer I know I wouldn't settle without a medico-legal report, and those big name insurer panel solicitors like DWF, BLM, Keoghs etc (inevitably going to be on the other side of this) are very unlikely to do so either...

Link to post
Share on other sites
Thanks SuperVillain. Noted.

 

Ganymede - aged... (but prior to accident, fit and healthy and good quality of life)

 

Well that's unhelpfully vague.

 

Anyway, both SuperVillain and I have advised you against taking on this litigation on behalf of your relative based on some outdated information given to you by a solicitor many years ago.

 

It's your call, but if you really want to help your relative you will heed our advice.

Link to post
Share on other sites

ganymede - whats vague about aged?

I repeat - that I will educate/inform us about all relevant aspects. At some point, yes, a lawyer will be needed. But that doesn't always mean court.

 

supervillain - these 'big' names you mention - is it potentially worth using one of them for the injured party?

 

fwiw, the claim handler on behalf of the supermarket has already made mistake after mistake in their communication

Link to post
Share on other sites
ganymede - whats vague about aged?

I repeat - that I will educate/inform us about all relevant aspects. At some point, yes, a lawyer will be needed. But that doesn't always mean court.

 

supervillain - these 'big' names you mention - is it potentially worth using one of them for the injured party?

 

fwiw, the claim handler on behalf of the supermarket has already made mistake after mistake in their communication

 

What is vague about "aged"? :D

 

No, the big firms SuperVillain mentionrf are defendant firms on the whole so wouldn't take the case. You need to find a claimant personal injury law firm if you want your relative to use a solicitor. Google it, there aren't hundreds to choose from.

 

And as for the claims handler, it's hardly surprising but probably won't make a difference ultimately.

 

Bazza already told you one page one what the legal arguments for both sides would be...

Link to post
Share on other sites
  • 1 month later...

Update

so this has been trundling along - with quite a few letters from the 'big' firm that the supermarket has appointed. They have sent letters asking relative to allow them to have access to medical records etc...

So, it is now at the point that we need to appoint a PI lawyer. Tried a local one, but they don't litigate. They suggested Irwin Mitchell. But they seem too corporate and probably more 'no win/no fee' with more settlement monies ending up in their pocket than relatives. I think I would prefer a smaller rottweiler firm for relative. Any suggestions for the south? London/ east/ south east uk areas??

Link to post
Share on other sites

Hi.

 

 

CAG doesn't recommend lawyers I'm afraid. Have you used the Law Society's Find a Solicitor facility? It lets you input your location and which speciality you're looking for.

 

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Can someone advise on what type of service to go for?

Checked some lawyers and they operate a 'no win / no fee' basis. I assume that they take a big cut of any settlement??

What is the best route to take?

A lawyer prepared to litigate because you have a strong case and if you win, they don't take a cut of the settlement?

No idea, just asking.

Link to post
Share on other sites

Whichever you decide on, you'll need to speak to several lawyers to see if you think you can work with them. They should offer to speak to you on the phone or give you an initial free meeting.

 

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

will assess a selection of lawyers next week. But I dont like the thought of the no win no fee model. I need to assess the alternatives and associated costs though

Link to post
Share on other sites
Can someone advise on what type of service to go for?

Checked some lawyers and they operate a 'no win / no fee' basis. I assume that they take a big cut of any settlement??

What is the best route to take?

A lawyer prepared to litigate because you have a strong case and if you win, they don't take a cut of the settlement?

No idea, just asking.

 

You can after to pay their fees (win or lose!) or go for “no win, no fee”

No win no fee is commonly a CFA: Conditional Fee Agreement, but (less commonly) can be a DBA (Damages based agreement)

 

The solicitor should explain the funding options (as well as checking you don’t already have eg legal expenses insurance!), and explain the fee capping (up to 25%, but of certain types of the damaged sought)

 

https://www.lawsociety.org.uk/support-services/documents/amended-model-conditional-fee-agreement/

 

https://www.legalombudsman.org.uk/publications/no-win-no-fee/report.html highlights how “no win, no fee” can offer access to representation that might not otherwise be available, but it is important to have the potential costs explained, in particular : ask about “disbursement’s”!

Link to post
Share on other sites
will assess a selection of lawyers next week. But I dont like the thought of the no win no fee model. I need to assess the alternatives and associated costs though

 

You can chose “Pay As You Go”. You’ll have to pay fees though, and that will be “win or lose”, not “no win, no fee”

If you win you’ll get most (not all, usually!) of your fees back.

If you lose you get to be liable for your lawyers fee & the other side’s (unless it is small claims track!)

Link to post
Share on other sites

thank you bazza

I was just researching 'legal expenses' insurance cover !!!

I need to ask relative if they had legal expenses cover on car or home insurance policies. If so, do I assume that the insurance company covers the cost of litigation? Rather than appointing a no win, no fee firm?

Link to post
Share on other sites
thank you bazza

I was just researching 'legal expenses' insurance cover !!!

I need to ask relative if they had legal expenses cover on car or home insurance policies. If so, do I assume that the insurance company covers the cost of litigation? Rather than appointing a no win, no fee firm?

 

If your relative has Before The Event (BTE) insurance cover they should contact their insurers.

CFA/DBA’s invariably involve (more costly!) After The Event (ATE) insurance, and the solicitors should be checking there isn’t BTE cover before accepting instruction!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...