No win, no fee related question.
Discussion
Evening all.
Had a fall in May 2014 and sustained some injuries. Contacted 1 of the above mentioned companies who took the case on and the wheels started to set in motion. Not having been involved in 1 of these sorts of things before i just went with the flow, but after a period of time it all seemed to be going cold and i assumed it would lead to nothing. This would have been about September/October time last year.
Then on Monday a letter dropped through the door from my solicitor instructing me to go for an appointment this evening with a doctor at a Nuffield hospital. I was told it would be a brief meeting and that i should take any relevant paperwork and answer the questions which i duly did.
The doctor asked me to tell him everything that happened, what i could remember and what injuries i received and the impact they have had. He recorded everything i said whilst making notes, and then went back over some of the points raised and that was that.
Is this the norm in these sorts of cases, is it just par for the course?
Also who would be more likely to have arranged this appointment at the hospital? Would it be my team, or would it be more likely to be the legal team from the 3rd party who want the medical facts?
Also would anyone have any ideas where this would normally go next?
TIA.
Had a fall in May 2014 and sustained some injuries. Contacted 1 of the above mentioned companies who took the case on and the wheels started to set in motion. Not having been involved in 1 of these sorts of things before i just went with the flow, but after a period of time it all seemed to be going cold and i assumed it would lead to nothing. This would have been about September/October time last year.
Then on Monday a letter dropped through the door from my solicitor instructing me to go for an appointment this evening with a doctor at a Nuffield hospital. I was told it would be a brief meeting and that i should take any relevant paperwork and answer the questions which i duly did.
The doctor asked me to tell him everything that happened, what i could remember and what injuries i received and the impact they have had. He recorded everything i said whilst making notes, and then went back over some of the points raised and that was that.
Is this the norm in these sorts of cases, is it just par for the course?
Also who would be more likely to have arranged this appointment at the hospital? Would it be my team, or would it be more likely to be the legal team from the 3rd party who want the medical facts?
Also would anyone have any ideas where this would normally go next?
TIA.
Thanks. No i don't know if the 3rd party have accepted liability? TBH i thought the case was over a while ago when it all seemed to go quiet, so was surprised to get the letter at the start of the week. I'll see what happens next? More than happy to go to their doctors if required as the injuries were pretty serious and have all of the relevant hospital reports to back this up if needs be.
Meoricin said:
'Had a fall' = 'Didn't look where you were going'?
Slipped on a wet patch on their premises. But i can see how the 3rd party will view it. The slip resulted in a fractured skull in 3 places and 3 bleeds on the brain but i guess its down to the legal teams to argue that out.elanfan said:
Slips, trips and falls account for a huge percentage of injuries and is why you so often see the bright yellow A frames warning of slippery surface. I'd suspect they have little defence against it (though admit I don't know the circumstances) - your solicitors are working for you so ring them and ask if they have an admission of liability, that alone should be a comfort.
If I recall correctly you lost out on a job and much other stuff so this will be a very substantial claim that not only compensates you for your pain and suffering, out of pocket expenses whilst you were ill/in hospital but also your loss of earnings, future restrictions on jobs or your life etc etc. I would be very concerned that you could have signed away maybe 25% of your settlement to your solicitors. Usually legal costs are met by the other side so check what you have signed (this is important, you may not be able to change it but need to know what you've let yourself in for!).
Start making a list of every additional cost you've incurred, lost wages etc. Don't leave it until the solicitors ask for it as you will definitely remember stuff you've missed after you've sent if in. I think you might rightfully be able to claim for expenses your family have incurred too.
Just waiting now for those anti compensation idiots to start. You've have suffered a serious injury not a bit of whiplash and you are fully entitled to what you get!
Thanks very much for that info If I recall correctly you lost out on a job and much other stuff so this will be a very substantial claim that not only compensates you for your pain and suffering, out of pocket expenses whilst you were ill/in hospital but also your loss of earnings, future restrictions on jobs or your life etc etc. I would be very concerned that you could have signed away maybe 25% of your settlement to your solicitors. Usually legal costs are met by the other side so check what you have signed (this is important, you may not be able to change it but need to know what you've let yourself in for!).
Start making a list of every additional cost you've incurred, lost wages etc. Don't leave it until the solicitors ask for it as you will definitely remember stuff you've missed after you've sent if in. I think you might rightfully be able to claim for expenses your family have incurred too.
Just waiting now for those anti compensation idiots to start. You've have suffered a serious injury not a bit of whiplash and you are fully entitled to what you get!
Yes i did lose out on a job, and have done ever since as i can no longer do my chosen career as a lorry driver due to the DVLA revoking my licence because of the injuries i received.
The third party did say that they have a plan in place for spillages, and check every half an hour in their premises for spills and deal with them. The slip happened on a wood floor area between the bar and where we were seated. The rest of the floor in their large premises was carpeted. I have kept a list of everything since the accident, its all in date order and seperate files for the claim issues and the DVLA issues.
I will contact my solicitor on Monday with reference to the admission of liability thing.
I asked the solicitor at the start how do they get payed for fees etc, do they take a cut of an eventual offer, or something else maybe? I'm 99% certain he said they DO NOT take a percentage of any payout i may receive, they only take a case on they expect to win, and get all their costs back from the 3rd party.
Just reading that back, and i'm thinking, hmmm!!!
I'll dig out all my legal paperwork in a bit and check it all again.
Thanks again for the info.
It is a very large bar, and it was cup final day so from what i can vaguely remember it was pretty busy. I have no recollection of anything about the fall or anything for the 11 hours that followed it. I remember going to the loo in the bar and the next thing i remember after that was waking up in the hospital bed the following morning. Odd though, that after a couple of questions from 1 of the A&E doctors i was free to go, no tests, medication or anything. It wasn't until the following morning when i woke up in the lorry with a severe headache, that i was sent back to the hospital and the tests were done that discovered the extent of the injuries.
My work mates who were at the bar with me, told me a few weeks later when i spoke to them how hard i went down and it was the rear of my skull that hit the floor first and i was instantly knocked out.
I never really understood the gravity of the situation until months later when my neuro consultant told me how lucky i really was, he said the injuries were somewhere along the lines of a major car crash victim. He told me that 1 of the fractures on my skull was one of the biggest he'd seen, going from the top corner of my right eye, then around and along the middle right side of my skull finishing up bottom centre of my skull. Add to that the bleeds, my consultant made it clear quite how lucky i was to be alive. That was sobering.
Career wise, well everything wise i have to be honest it has been f
king soul destroying at times. My dream job has gone, probably forever tbh as the DVLA seem adamant at stopping me at every turn and challenge i make????
I've had a couple of breaks, 1 thanks to a fellow PHer last year giving me some chauffeur work, but it was only ever a temp thing. More recently there is another possible olive branch, again from a fellow PHer, (good bunch on here) but it will take a while to get up and running but i am very hopeful.
In the dark days, I've stared at the walls, the floor, the empty cupboards and wondered what the hell i was going to do/try next, but I've never given up, and never will even though I've been close at times.
They say what doesn't kill you, makes you stronger.
God i hope they're right
My work mates who were at the bar with me, told me a few weeks later when i spoke to them how hard i went down and it was the rear of my skull that hit the floor first and i was instantly knocked out.
I never really understood the gravity of the situation until months later when my neuro consultant told me how lucky i really was, he said the injuries were somewhere along the lines of a major car crash victim. He told me that 1 of the fractures on my skull was one of the biggest he'd seen, going from the top corner of my right eye, then around and along the middle right side of my skull finishing up bottom centre of my skull. Add to that the bleeds, my consultant made it clear quite how lucky i was to be alive. That was sobering.
Career wise, well everything wise i have to be honest it has been f
king soul destroying at times. My dream job has gone, probably forever tbh as the DVLA seem adamant at stopping me at every turn and challenge i make????I've had a couple of breaks, 1 thanks to a fellow PHer last year giving me some chauffeur work, but it was only ever a temp thing. More recently there is another possible olive branch, again from a fellow PHer, (good bunch on here) but it will take a while to get up and running but i am very hopeful.
In the dark days, I've stared at the walls, the floor, the empty cupboards and wondered what the hell i was going to do/try next, but I've never given up, and never will even though I've been close at times.
They say what doesn't kill you, makes you stronger.
God i hope they're right
TooMany2cvs said:
You fell over, nearly two years ago, and have no proof of anything. Alcohol may well have been a factor.
You've seen some ads, think you're owed, and have contacted solicitors.
Somebody's suggested medical evidence might be a good plan...
...and you've immediately started on the defensive.
Now, I appreciate I'm the cynical kind, but...
Yes nearly 2 years ago.You've seen some ads, think you're owed, and have contacted solicitors.
Somebody's suggested medical evidence might be a good plan...
...and you've immediately started on the defensive.
Now, I appreciate I'm the cynical kind, but...
Proof = 1 witness.
Alcohol, I'd had 3 pints and 1 whiskey. Now everybody has their own tolerance levels with regards too alcohol consumption. 2 years ago mine were pretty high, higher than they should have been, (i'm not proud of that) but i used to easily be able to manage a couple of pints and half a bottle of whiskey and walk home in a straight line. Fortunately my big drinking days are long gone.
Yes i saw an add.
No i don't think, "I'm owed," but i did contact a solicitor 20 months ago to find out where i stood. As it turns out, nearly two years down the line and from a loss of potential earnings I'm down approx £59,000
Somebody has indeed suggested medical evidence. I went along to the specialist as instructed by my solicitor. I answered all the questions, and provided the medical documents from the Belfast hospital that showed my injuries from the fall, Extradural Hematoma, and fractured skull.
Maybe i am a little on the defensive, but considering some of the claims and accusations the third party made early on in the case, and the direct affect this has had on my career and my life for the last 20 months, perhaps then you'd understand my reasons?
But as i understand you're the cynical kind, i think probably not.
chilistrucker said:
TooMany2cvs said:
You fell over, nearly two years ago, and have no proof of anything. Alcohol may well have been a factor.
You've seen some ads, think you're owed, and have contacted solicitors.
Somebody's suggested medical evidence might be a good plan...
...and you've immediately started on the defensive.
Now, I appreciate I'm the cynical kind, but...
Yes nearly 2 years ago.You've seen some ads, think you're owed, and have contacted solicitors.
Somebody's suggested medical evidence might be a good plan...
...and you've immediately started on the defensive.
Now, I appreciate I'm the cynical kind, but...
Proof = 1 witness.
Alcohol, I'd had 3 pints and 1 whiskey. Now everybody has their own tolerance levels with regards too alcohol consumption. 2 years ago mine were pretty high, higher than they should have been, (i'm not proud of that) but i used to easily be able to manage a couple of pints and half a bottle of whiskey and walk home in a straight line. Fortunately my big drinking days are long gone.
Yes i saw an add.
No i don't think, "I'm owed," but i did contact a solicitor 20 months ago to find out where i stood. As it turns out, nearly two years down the line and from a loss of potential earnings I'm down approx £40,000
Somebody has indeed suggested medical evidence. I went along to the specialist as instructed by my solicitor. I answered all the questions, and provided the medical documents from the Belfast hospital that showed my injuries from the fall, Extradural Hematoma, and fractured skull.
Maybe i am a little on the defensive, but considering some of the claims and accusations the third party made early on in the case, and the direct affect this has had on my career and my life for the last 20 months, perhaps then you'd understand my reasons?
But as i understand you're the cynical kind, i think probably not.
TooMany2cvs said:
Whether I understand your reasons or not is irrelevant. What's relevant is whether the company being asked to dip their hand into their pocket understand your reasons...
Can you see where I'm coming from on that?
On the surface - and you've now given a bit more background - your claim could easily be construed as a classic attempt to get compo for something that was your own pissed-up fault, prompted by an ambulance chaser. And whoever the bill is ultimately going to be handed to is going to certainly wonder whether it is or not. You need to get all your evidence as water-tight as possible, and saying "Well, yes, I used to be a big drinker back then, so even though I would've been several times the drink-drive limit at the time, it wasn't a big thing for me..." isn't necessarily going to help you.
You say you contacted a solicitor at the time. Is this all that same claim, or a fresh start? If it's not the same claim, why did that one peter out?
Yes i can indeed see where you are coming from on that. I fully understand why the 3rd party would think, oh another no win no fee case, so who can blame them wanting to investigate this fully. This is all still the original claim, being dealt with by the same solicitor who i spoke to from the very start.Can you see where I'm coming from on that?
On the surface - and you've now given a bit more background - your claim could easily be construed as a classic attempt to get compo for something that was your own pissed-up fault, prompted by an ambulance chaser. And whoever the bill is ultimately going to be handed to is going to certainly wonder whether it is or not. You need to get all your evidence as water-tight as possible, and saying "Well, yes, I used to be a big drinker back then, so even though I would've been several times the drink-drive limit at the time, it wasn't a big thing for me..." isn't necessarily going to help you.
You say you contacted a solicitor at the time. Is this all that same claim, or a fresh start? If it's not the same claim, why did that one peter out?
I also fully get the point you make with reference to my drink intake on the night. The 3rd party will indeed come at it from their angle and vice versa. The reason i made my point was that i used to be a regular drinker, so the amount consumed on the night before the fall wasn't a significant amount to myself as an individual. Also having a duty of care as they stated, surely if they thought i'd had to much to drink, should they not have stopped serving me? But again i see where you are coming from, team a will come at it from 1 angle, team b from the other.
Why the drink drive reference though?
The same could be said i guess for what they state are their procedures for dealing with 'spills/slippery surfaces.'
They explained how much effort they put into their regular 30 minute checks and how important it is to them, and yet if customer safety was as important as they have made out, why is virtually the whole premises carpeted throughout, apart from the bar area which was/is a wood floor surface.
The 3rd party also made quite a derogatory claim against me, (won't discuss that here just yet, but happily will in the future) the thing with this derogatory claim though, is that we know who they are referring to with this claim, but it certainly isn't me. Again a witness can prove this. Furthermore so would their CCTV but it appears they have no CCTV records for the incident???
TooMany2cvs said:
chilistrucker said:
Why the drink drive reference though?
Simply because it's a nice handy metric that the legal profession understand perfectly well, in the massively likely scenario that the bar's insurers don't just roll over and agree.chilistrucker said:
Furthermore so would their CCTV but it appears they have no CCTV records for the incident???
Nearly two years later? Quelle surprise... A week or so, perhaps, but there's no way on this earth that any bar will keep CCTV for that long unless they know there's a reason to - like there's been a big fight that the police have been involved in. If your legals had requested it quickly, perhaps.The bar have never agreed from the start.
The CCTV issue came up within the first couple of months, 3 months iirc, NOT 2 years down the line.
Bear in mind the nature of the incident that night, customer falls, customer unconscious on bar floor, ambulance called, paramedics on scene i'd have thought that the manager may have thought the CCTV from that night may have been worth holding onto for a while. Had they have done this, it would have been great for evidence.
Charlie 1986, i have done exactly as you've said and glad i did
I've got 2 large files full of everything, 1 for the claim case and 1 for the whole DVLA medical panel saga.
Good luck with your case.
Edited by chilistrucker on Monday 15th February 12:48
I was in hospital for a week. Was then at home for about a week before contacting the solicitor. Solicitor told me they would contact the 3rd party and that they would have 3 weeks to respond to his initial letter. They took 4 weeks.
Approx 3 months on from this, the lady who was dealing with the case for the 3rd party, went on holiday and never returned. A few more weeks passed before the 3rd party had someone else in charge of the case, and upto speed dealing with it.
Approx 3 months on from this, the lady who was dealing with the case for the 3rd party, went on holiday and never returned. A few more weeks passed before the 3rd party had someone else in charge of the case, and upto speed dealing with it.
Been busy, but thanks again to everyone, (nearly) for the thoughts and info.
I hope they do still have the CCTV footage from that day, because if they do they will on 1 specific item make themselves look rather daft. It happened in 1 of the big chain pubs, 'with a knife' or something
As mentioned by others, I also find it odd that for all the time they have insisted on there approach to customer safety, why would they have 90% of the floor carpeted, and yet the other 10% around the bar area as a wood floor.
I hope they do still have the CCTV footage from that day, because if they do they will on 1 specific item make themselves look rather daft. It happened in 1 of the big chain pubs, 'with a knife' or something
As mentioned by others, I also find it odd that for all the time they have insisted on there approach to customer safety, why would they have 90% of the floor carpeted, and yet the other 10% around the bar area as a wood floor.
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