Compensation help please

MrsBartolozzi

Hi, not sure where to post this, so please move if appropriate.

I am posting regarding my MIL so I do not have all the details, but I will fill in what I know.
While my MIL was on holiday abroad she tripped and fell in her apartment and broke her hip. This meant a 12 day hospital stay (out of 14 day holiday) and subsequent painful physio and healing time while home. (this happened in September) So she would like to see about getting some kind of compensation for the physical damage caused, but more importantly for the loss of her holiday.
She had been looking for a no win no fee type of solicitor, but I am aware of hidden costs - disbursements and the like, and as she is not a rich woman (as far as I was aware she was in receipt of income support, but has since turned 60 so may be getting a state pension?) would have trouble paying for an after the fact insurance policy. Is there other help she can get?

Regarding the fall - the join between the balcony and the apartment was uneven, not big enough to see as a step, but big enough to trip over. This was not pointed out by the apartment staff who gave them the "tour" and I believe there were plenty of photographs taken by my mil and partner to show the potential for tripping over this uneven-ness.

I await your questions clarifying anything, and thanks in advance,

MrsB.

pinkshoes

I'm very sorry your MIL had an accident whilst on holiday, but by the sounds of it, it was just that - an accident.

I can't think of any apartment I've stayed in where there isn't some type of step or sticky up bit between the balcony, otherwise the door won't shut nicely!

How old were the apartments? Had anyone else ever fallen and recorded an injury due to this?

Surely she can claim on her holiday insurance for this sort of thing, and perhaps get some reimbursement for the lost days of holiday?

MrsBartolozzi

Thanks for replying Pinkshoes,

Regarding claiming on the holiday insurance, I'm not sure, I'll get OH to ask her tonight. I do know that they were querying the hospital costs though, and were saying that she shouldn't have had to stay in for 12 days (ie they don't want to pay all the costs) OH had written a letter saying that she stayed in hospital due to medical advice (i'm sure she'd have rather seen the sea than a hospital ward) and for the insurance co to contact hospital if they have more questions (so far this has made them stop pestering about this). So I'm not sure how they'd deal with this.
I will find out if they know about any previous accidents, but I am not hopeful they would have thought to have asked.
Thanks again,
MrsB.

Esqui

If the owners of the apartment were negligent (e.g. loose flooring) then maybe. If your MIL was not looking where she was going, then there's unlikely to be any way you could get compensation...only claiming on the holiday insurance.

pinkshoes

MrsBartolozzi wrote: »

I will find out if they know about any previous accidents, but I am not hopeful they would have thought to have asked.

If it's a reasonably old building, and the step was part of the structure, then I very much doubt she'll get anything from a claim, as 100s if not 1000s of others will have stayed there, all without injuring themselves.

If the "step" was due to the flooring being broken and sticking up, then that is a different matter.

If she is somewhat unsteady on her feet and likely to trip on things, then it would have been her responsibility to check for likely tripping hazards.

I managed to trip over a bed once and dislocated my toe!

sarahg1969

The best thing to do is find a local solicitor who deals in PI claims, who will offer a free half-hour interview.
They'll take initials details of the incident, and look at the photos, and e able to advise whether or not there
is a chance of success.

No one on here can advise whether or not there has been any negligence, because we don't know the circumstances, and haven't seen the accident location.

MrsBartolozzi

Thanks for your advice guys, I am aware the claim is not possible to assess without full details, but I was really posting in the hope of seeing if there was any other (cheaper) way for my MIL to get legal advice/make a claim.
I have seen one compo company yourclaim.co.uk which claim to be entirely payment free (no win, no fee, and no insurance policy/disbursements to pay) but as I have never been in this situation I have no idea how this would work/if their claim to be free actually holds water.
Is there still such a thing as legal aid?
Is this on the right board? Is there a legal forum I could approach for advice?

Thanks again

sarahg1969

MrsBartolozzi wrote: »

Thanks for your advice guys, I am aware the claim is not possible to assess without full details, but I was really posting in the hope of seeing if there was any other (cheaper) way for my MIL to get legal advice/make a claim.
I have seen one compo company yourclaim.co.uk which claim to be entirely payment free (no win, no fee, and no insurance policy/disbursements to pay) but as I have never been in this situation I have no idea how this would work/if their claim to be free actually holds water.
Is there still such a thing as legal aid?
Is this on the right board? Is there a legal forum I could approach for advice?

Thanks again

You don't need an accident managment company. Look in the phone book for a local firm of solicitors.

pinkshoes

I would presume a "no win no fee" company might be one to try, but given the apartment is abroad, I'm thinking their fee could potentially be HUGE if they win, thus leaving your MIL with almost nothing...

These companies put themselves first, rather than the person seeking compensation.

dacouch

Her travel insurance will normally include legal expense cover to pursue personal injury claims.

As pinkshoes has mentioned there is a chance that she may not be able to claim as a tripping hazard normally has to be 1 inch or more.

It is generally the tour operator that you would sue

isplumm

MrsBartolozzi wrote: »

Thanks for your advice guys, I am aware the claim is not possible to assess without full details, but I was really posting in the hope of seeing if there was any other (cheaper) way for my MIL to get legal advice/make a claim.
I have seen one compo company yourclaim.co.uk which claim to be entirely payment free (no win, no fee, and no insurance policy/disbursements to pay) but as I have never been in this situation I have no idea how this would work/if their claim to be free actually holds water.
Is there still such a thing as legal aid?
Is this on the right board? Is there a legal forum I could approach for advice?

Thanks again

Look on http://www.holidaytruths.co.uk/viewforum.php?f=49 - there is a solicitor called Ross on there - she is an expert in travel - post on there & see what people say.

Mark