injury claims - figures from your experience and reccomendations

Ratrace_3

Hi there,

i'm sorry if this is in the wrong forum section; I picked one vaguely relevant.

I'm looking for advice from people that have had experience in personal injury claims. I was recently hospitalized and rendered unable to work for several months as a result of a wound to my hand by some faulty kitchen equipment. - I'll have lasting mobility damage, scarring, and ive spent several hours in theatre.

I'm looking to take a damages claim out against the supermarket that sold me the own brand goods, and I've been in touch with Browell Smith and Co.

They've sent me a contract for no win no fee work, but they've left me wondering if they are the best choice.

some issues about the contract:

1. Very little in the bank - I am a very frugal person but personal circumstances have meant I have little in savings at the moment. I'm unmarried, single, no dependents and 25. If something goes wrong and I need to pay more than say, 5/600 pound out, I'm screwed.
I've read that agreements usually include insurance to cover this, but this hasnt been mentioned.

2. the idea that there is 'no cost to me if the case fails' - however, I've read I will stay pay the defendant's legal costs if BS&co fail- is this correct?

3. The solicitors fees aren't limited by my damages awarded if they win. - so presumably i can end up paying them more than i get paid out?
Though they also mention that any successful claim above 1,000 can lead to their fees being covered by the defendant - would this mean all of the solicitors fees or just a portion?

if the claim is for £500 or so, and I have to pay out £1,000 in solicitors fees, i'm screwed. Is there any likelihood it'll be more than £1,000? or is that a rare amount to be awarded?

4. their fees are over £250 an hour, without their 'success fee' which is unclear - is this a lot? am i likely to get any indication of how many hours work itll take? ive read that it can take a year or so.

5. Is a faulty product much less likely to succeed? - they've indicated less so than a fall at work.

6. Ive also looked into Thompsons - might they be a better solicitor? they make more reference to taking their whole fee from awarded damages, without taking from the claim. So the claim wouldnt be depleted by fees, they also don't mention a £1,000 threshold before
retreiving their fees.
http://www.thompsons.law.co.uk/product-liability/dangerous-
products-personal-injury-compensation.htm


Thanks so much to everyone for any help they can offer with this, I really appreciate the time, and I'm full of confusion and fear about pursuing this.

David

suburbanwifey

A policy provided by your solicitor (use a solicitor, a local specialist personal injury solicitor NOT a claims handling company, bit of good advice there!) will cost less than a 100 pounds and that will insure you against losing, all your legal bills will be paid. But the chances will be good for you if they take you on, they don't take on cases they are likely to lose.

suburbanwifey

You asked what your claim could be worth - an accurate figure would be obtained after proper medical evidence is obtained by your legal representations medical expert. But in my estimation, your claim could be worth many thousands from what you have said about 'lasting damage' but bear in mind the defendants will fight you and they fight dirty too, which is why you need an INDEPENDENT solicitor, not one on their panel which all claims handlers are.

InsideInsurance

As long as your claim would be assigned to a court track higher than the small track (aka small claims court) then a no win no fee solicitor will take it on.

There should be no cost to you in any way unless the solicitors believe you intentionally prejudice the case (eg you lie to them, simply dont turn up to court on the day etc).

On top of your claim for damages the solicitors will claim their fees and so there should be no need for them to take any proportion of your settlement. For minor cases that only just make it into the Fast Track the solicitors fees can fairly easily exceed settlements.

Given what you describe about your injury it would certainly go above £1,000 compensation and so being above small track wont be an issue.

In honesty, I dont think there are many good PI solicitors out there in my experience. They tend to be either massive solicitors firms on insurer panels where the proportion of solicitors to paralegals is heavily skewed and they are about volume rather than quality.

At the other end of the market is small local solicitors who may have spent 3 months studying about PI claims 30 years ago when they were at uni and just read periodicals about changes since then.

You really want someone between the two, someone with active and significant experience without being factory like in nature

Ratrace_3

suburbanwifey wrote: »

.......A policy provided by your solicitor (use a solicitor, a local specialist personal injury solicitor NOT a claims handling company, bit of good advice there!)

.......an INDEPENDENT solicitor, not one on their panel which all claims handlers are.

Hey thanks so much for these and all the other comments.

I was hoping to ask here about the points you made that I quoted; are browell smith and co (or thompsons) classed as claims handling companys rather than solicitors?

i've read about thompsons being recommended on this forum and by unions for workplace injury and such, which is why I had asked about them.

how could I check their independence and what does that mean in this context please?

thanks again