Who, what to look out for with personal injury companies?
Discussion
Assuming it’s a straightforward fracture/recovery, and depending on what actually happened to give rise to the claim, it is likely to be a “fast track” case, that is a claim up to a max of £25k. An elbow injury with symptoms resolving within 12 months is unlikely to be worth more than about £3.3k and possibly quite a bit less. This is in respect of the injury only, known as general damages.
This would apply to a “simple” fracture. If it were more complex, for example an injury where there was significant damage to the elbow joint and the ligaments that surround the elbow, the position would likely be different.
So, unless there are fairly significant financial losses that would take the matter over the fast track limit (eg a self employed joiner who missed out on lots of work due to the injury), then it will likely be dealt with via an online portal (depending on exact circumstances of the incident, as there are some exceptions). Legal fees are then fixed and the firms who do this work will need to deal with them efficiently. That can alter the client experience, although there are no doubt good ones out there too.
Your friend could go on to APIL’s website. They are the Association of Personal Injury Lawyers. There is a find a solicitor facility on there. If it is the type of claim assumed above, it need not be someone local, however, as actually seeing them face to face is very unlikely.
If your friend was injured in a road collision, they could speak to their own insurer. If they have legal expenses insurance, they’d likely be put in touch with a ‘panel’ firm. Quality will vary but there might then not be any deduction from any payment.
The claims process can look at rehab too. Eg would physio facilitate the recovery? If so, this could be accessed via the claims process, so it could be worth it just for that.
This would apply to a “simple” fracture. If it were more complex, for example an injury where there was significant damage to the elbow joint and the ligaments that surround the elbow, the position would likely be different.
So, unless there are fairly significant financial losses that would take the matter over the fast track limit (eg a self employed joiner who missed out on lots of work due to the injury), then it will likely be dealt with via an online portal (depending on exact circumstances of the incident, as there are some exceptions). Legal fees are then fixed and the firms who do this work will need to deal with them efficiently. That can alter the client experience, although there are no doubt good ones out there too.
Your friend could go on to APIL’s website. They are the Association of Personal Injury Lawyers. There is a find a solicitor facility on there. If it is the type of claim assumed above, it need not be someone local, however, as actually seeing them face to face is very unlikely.
If your friend was injured in a road collision, they could speak to their own insurer. If they have legal expenses insurance, they’d likely be put in touch with a ‘panel’ firm. Quality will vary but there might then not be any deduction from any payment.
The claims process can look at rehab too. Eg would physio facilitate the recovery? If so, this could be accessed via the claims process, so it could be worth it just for that.
slightly different situation, how would you stand if a broken back was never detected, no xray offered, ambulance declined to take person to hospital, even though they had fallen down the stairs, and screaming when moved, this was at the start of the year, so maybe they had covid instructions, now several months later, diagnosed, after 5 months xrays finally taken, and mri scan finally done but due to time scales, the back has now healed in a bad way and the person is in constant agony, physically and mentally?
thank you
thank you
Mexican cuties said:
slightly different situation, how would you stand if a broken back was never detected, no xray offered, ambulance declined to take person to hospital, even though they had fallen down the stairs, and screaming when moved, this was at the start of the year, so maybe they had covid instructions, now several months later, diagnosed, after 5 months xrays finally taken, and mri scan finally done but due to time scales, the back has now healed in a bad way and the person is in constant agony, physically and mentally?
thank you
Need a lot more info but you've 3 years to litigate on a personal injury claim (or 3 years from 18th birthday if injury sustained when a minor) so a good solicitor, along with good medical evidence would get to the bottom of that. Would need to prove that the ambulance staff had been negligent though and that if they had acted/treated appropriately then a different outcome would've been achieved (broad brush stroke there but that's mainly the crux of it). thank you
chml said:
anonymous said:
[redacted]
Yup, part of the CFA your friend will likely sign. No win no fee = win fee
The success fee exists for a number of reasons and one is that in cases where there is no success, no fees can be recovered so this helps ‘balance the books’ to an extent.
There are, however, firms out there that still don’t charge a success fee and offer 100% damages. Eg a quick Google shows https://pm-law.co.uk/no-deductions-from-injury-cla...
I’ve no affiliation and never heard of them before and this is just an example.
The old saying, “you get what you pay for” could apply, but realistically in relatively low value cases that may not make much/any difference. If it were a high value matter, paying a shortfall on a higher settlement achieved by better representation may prove worthwhile, but where the damages are comparatively low/modest/straightforward, that may not impact upon things.
anonymous said:
[redacted]
As Cudd Wudd said, you get what you pay for. For a relatively straight forward whiplash type claim with no long term effect then it's probably worth saving the 20-25% deduction with somebody like the above. Don't forget though, the bigger the compensation award, the bigger the solicitors deduction so they have a vested interest in making sure they get the maximum amount of compensation. For a more serious or complicated injury then it's always worth instructing the best solicitor you can. chml said:
Don't forget though, the bigger the compensation award, the bigger the solicitors deduction so they have a vested interest in making sure they get the maximum amount of compensation.
Yup, paying them 25% of £100K is preferable to paying them 2.5% of £10K. Assuming you'd rather have £75K than £9750. anonymous said:
[redacted]
Isn't there a caveat that says something along the lines of "....if you don't help us to the fullest of your ability or if you've lied to us"?Basically if they defend you and it turns out that you were drunk and coked up to your eyeballs whilst driving over various Nuns who were taking their kittens for a walk, and you omitted to tell them this fact, they're going to hold you liable or their costs.
Is 'your friend' a member of a union, if so try Thompson's Law.
A lot of these companies will triage the case wanting all the details before deciding if it is a valid claim and worth proceeding with, think call centre interrogation i.e. you are a number until they decide you aren't.
Depending upon the value of the claim there is a fast track system for smaller claims, just something to be aware of.
Lastly, this is not a quick process so start writing everything down, document all of your costs/losses, etc.
A lot of these companies will triage the case wanting all the details before deciding if it is a valid claim and worth proceeding with, think call centre interrogation i.e. you are a number until they decide you aren't.
Depending upon the value of the claim there is a fast track system for smaller claims, just something to be aware of.
Lastly, this is not a quick process so start writing everything down, document all of your costs/losses, etc.
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