Personal Injury claims/discussion

ibelongtoguy

Is there a specific thread for those pursuing personal injury claims etc?

My daughter had an accident on Friday and I'd like to read some others experiences before working out what to do next.

thanks

dacouch

It would be helpful if you could give us some more information eg whether she was driving a car or a passenger or was a pedestrian etc along with the rough circumstances of the claim and her injuries

lisyloo

She should
1) keep a diary - what she can/can't do - levels of pain etc.
2) take photos of any bruising cuts - anything that's visible
3) get advice from a doctor - even if it's minor they can give valuable advice on whether to move/rest and what exercises to do (or none).

For legal help you have two main choices
1) You might have insurance via your home insurance or car insurance. The solicitors are not highly motivated and the work is often outsourced to the cheapest bidder BUT your costs will all be covered.
2) You can go "no win no fee". These solicitors are quite agressive because they don't get paid unless and until you win so from that point of view they are good. However you might have some liability if their costs are not entirely met (even though it's called no in/no fee) so you have to check this and be very clear.

ibelongtoguy

It wasn't a car accident. it was an accident at soft play - she is 2 years old.

There was an area that was exposed and not covered by the spongey stuff and she split her chin open. Hospital. No stitches. Photos were taken and we have an eye witness who will say the area unsafe.

Should I write a letter to the company in the first instance to see what they say or should I persue a claim?

That's why I wanted to read others experiences first before making a decision.

lisyloo

You may have free legal advice and possibly free legal cover on your home insurance.
This often covers up to £50K of solicitors bills.
If you have it for free, then I'd use it and get advice.

ibelongtoguy

Erm, she is 2 years old...but thanks.

Again, can anyone point me in the direction of those who have gone through or are persuing personal injury claims NOT IN A CAR. I thought maybe there would be a specific thread on this topic...maybe not in insurance, but somewhere on MSE.

I hope someone can help

lisyloo

Apologies I put that on the wrong thread which is why it sounded odd.

Why don't you use google or the "search" facility on here.
Don't expect others to do this for you.

geri1965_2

You can still pursue it via a solicitor, check to see if you have legal expenses cover under your household insurance policy. If not most will give a free consultation.

ibelongtoguy

Thank you.

I do not expect others to do work for me. I had already searched and not found quite what I was looking for - hence my question. I don't know how these things are worded, but I guess I should have just said 'where's there's blame there's a claim' or some other cliche. Like I said, I don't know which of the forums would be the place to post my question - hence asking for pointers in the right direction

Yes I can use Google, but value experiences of other MSE'ers in the first instance before looking for advice elsewhere.

Geri1965 - I believe my DH gets free legal advice through his work so may try there in first.

lisyloo

I have had a couple of experiences.

I was injured slightly in a car crash as a passenger.
My leg hit the dash and my leg was badly bruised. I don't mean a soft tissue bruise, I mean the bone was bruised and took many months to recover. I immediately visited the company nurse. She advised me to keep moving my neck to stop the formation of soft tissue from whiplash. I followed her advice and always recommend people see someone medical even for apparently minor injuries because I believe I minimised the injury by following the advice. I used the legal insurance of the driver. For my personal injuries I provided photos and description. I also went to see my doctor to get it recorded on my notes but that was it. I also visited a clinical psychologist (at no cost) who asked me questions. My anxiety level came out much higher than normal. The first offer was £1000 that was rejected. I have a feeling that was done automaitcally by the solicitor and I was not consulted. The second offer was £1600 and that was accepted. It was all slow and took ages to get the cheque but they sent me to see someone all for free so I can't really complain.

The second event was when my Mother-in-law cut her leg on an open tool box left by carpet fitters. It one of those boxes where the "leaves" expand so they were sticking out. She is 82 and her recovery was quite slow and she needed bandages to hold the wound together so it could heel, otherwise due to water retention it was just pulling the wound apart. She had visits to replace her dressing because she can't easily bend down at that age, so she had a lot of medical visits.
I did not agree with her claiming as I felt she was at lest partly to blame, but it was not my decision.
She did have legal insurance on her contents insurance but it was the same company as the carpet fitters insurers so she was persuaded to go "no win, no fee".
The solicitor initially visisted and took tea and everything was fine and dandy.
But then came reams of paperwork that had my deaf, disabled, partailly sighted elderly mother-in-law in tears. It took about 6 months but she was initially offered £3K which was rejected. The second offer was £4K
She could have got more but didn't want it dragging on or going to court so she accepted that. She then had another load of paperwork about personal trusts and again was in tears. I was quite cross with the solicitor as she knew my MIL was elderly. There was also something about my MIL paying the excess if the fees were not met by the other side.
I got cross again and told them I would complain and question the decision not to use the free insurance (even if it's the same company, they have still paid for insurance and it's can't be totally unusual for two sides to have the same insurer).
At this stage they backed down. I can't say I'm especially happy with the service she got.
She is not the easiest customer, but they knew she would need things explaining in simple terms at the start and they proceeded to send reams of complicated paperwork through, most of it totally irrelelvant. They should have expected to make a few home visits to an elderly diasbled person.
My MIL provided photos, a diary of medical vists and pain levels and also had to visit a consultant. Because they are disabled (can't easily get on buses) this cost £45 in a taxi, but they did get their expenses back at the end.

So all I can say expect is expect some effort, stress and to have some patience.
Both took about 6 months I would think.
Because of all the to-ing and fro-ing with medical stuff and solicitors I don't think these things are ever solved quickly.

andyd

ibelongtoguy wrote: »

It wasn't a car accident. it was an accident at soft play - she is 2 years old.

There was an area that was exposed and not covered by the spongey stuff and she split her chin open. Hospital. No stitches. Photos were taken and we have an eye witness who will say the area unsafe.

Should I write a letter to the company in the first instance to see what they say or should I persue a claim?

That's why I wanted to read others experiences first before making a decision.

I'm a PI solicitor and have dealt wih cases like this before. The owners of the play area have a legal duty of care towards visitors to take reasonable steps to ensure their safety. From what you have mentioned, the exposed area may be a breach of that duty and therefore a successful claim is a possibility.

I'd suggest you take legal advice from a solicitor who deals with PI. Most firms will give you some initial free advice and advise you of the prospects of success. Get a recommendation from a friend or colleague re a good solicitor if possible.

Please PM me if you want any further info.