Rejecting 'no win no fee' compensation claim

Crazy_Jamie

ihateyes wrote: »

remembering no win no fee, usually take a sizeable chunk to cover costs.

No, they don't. This is entirely incorrect. As InsideInsurance said, settlement in relation to the claim itself is completely separate from the issue of costs. Once the damages claim is determined, the issue of costs will then be addressed. They do not overlap in the manner suggested here.

Mervyn_King wrote:

Solicitor is indicating around £7,000 comp. - but that was before his insistence that I have to undergo an operation whether I want it or not - despite conflicting medical advice.

The conflicting medical evidence is understandably concerning, but the salient point is that the recommendation from the medical expert involved with the claim is the one that the court will be swayed by. The recommendation from the NHS orthopaedic surgeon, if not instructed directly in relation to the claim, will not be as persuasive. You are under a duty to mitigate your loss, which includes accepting appropriate medical treatment so as to lessen your injury as far as possible. If the consensus of the medical opinion from the claim itself (i.e. as expressed in medical reports) is that you should undergo an operation, the Court will likely consider that a step that you should take on the balance of probabilities.

Mervyn_King wrote:

So presumably if I don't wish to have the op. and stick with 'the devil I know', I may be looking at either no comp. or 2 to 3 £000.

Even if you do not follow the recommended path as to surgery, you will still be due compensation for the pain, suffering and loss of amenity that you have had to deal with at least up to the point where you should have had surgery. If you do not go for the surgery, it is not simply a case of the award being halved or reduced by a set amount. I would be very surprised if an award of £2,000-£3,000 was made for an injury constituting several broken bones to the extent that surgery is required for one. You will need to consult with your solicitor in any event to discuss the options. One thing you should do is assume what will happen. You have a legal representative on your side. Make use of that.

lisyloo

and get it done privately and get it paid for by the insurer

I would urge caution here.
If you are going private ask whether complications or follow on care is provided.
Also some insurers don't cover everything. For example if you live in the South you may well find that anaethetists charges are higher than any insurance company will pay leaving a shortfall.
So just be careful that you aren't going to be left with more agro here.

mikey72

lisyloo wrote: »

I would urge caution here.
If you are going private ask whether complications or follow on care is provided.
Also some insurers don't cover everything. For example if you live in the South you may well find that anaethetists charges are higher than any insurance company will pay leaving a shortfall.
So just be careful that you aren't going to be left with more agro here.

Normally you'd just be transferred back to the NHS anyway.
(But I wouldn't be undertaking the operation in the first place without a lot of other opinions)

**curlywurly**

Some excellent advice above (apart from the poster who said the solicitor will take a chunk of your damages for his/her costs ... they shouldn't if it's a true no win no fee). The only thing I have to add is that you need to read the documentation the solicitor has given you (probably called a Conditional Fee Agreement "CFA"). There are circumstances when the solicitor can cease to act for you under the CFA and one of those is often that the client refuses to take the solicitor's advice, and/or where the client refuses to accept what the solicitor deems to be a reasonable offer. Remember, your solicitor is there to protect your interests, but also, if you lose (or fail to beat the Part 36 offer as outlined above), the solicitor gets nothing, so it is in the solicitor's interests to ensure a satisfactory outcome for you.