help with claim

snadge

hi

sorry i cant find a thread that suites this question so will post here:

I live in a shared house and the bathroom carpet has been soaked for months, the landlady has been aware as she visits the property every week, other tenants have complained about slipping on the tiled floor outside the bathroom when they exit (well at least one has) and I slipped and banged my forehead on the radiator, this has caused a mark and didnt think much of it but now there is bruising appearing and its sore.

I phoned the Doctors and receptionist said it would be best to go to A&E for a scan, my friend said get in touch with National Accident Helpline and they made me very uncomfortable, then they put me through the solicitors and they were ok but said the LAW satstes since 2013 we have to give 25% of the award to them and I wall also have to pay a few hundred pounds for all the paperwork and doctors etc...she said its usually about 35% altogether and its no win - no fee..to us...i said what do you mean to us? and they might have to pay few hundred pounds if (during the court case) you get told the case is not winnable and you ask to continue.

so i told them to call me back tomorrow as i felt very uneasy about it all

I get on well with the landlady, after reporting it to her she said she would come and fix it, she didnt, so i text her again asking when...she came that day...ripped the carpet up, dried it over the backwall and she said she sealed the problem, put the now (but stained) carpet back down and put mats on the tile floor outside the bathroom

Im not sure about this enforced 25% money they have to pay the government? they should be seeking costs from the losing party

and if I lose I might still have to pay the "insurance money" she called it for paying for doctors reports and examinations etc...? but im prettys sure she meant whether i lose my case or mot as she told me it usually ends up about 35% of the total award???

is this right or wrong

and like i say i get on really well with her, ive took photos of my head and the now dried but stained carpet in the bathroom, my tenancy is up in january and Im pretty sure if we fall out over it we will be looking at having me thrown out then.

I just dont know what to do

can anyone please help me and advise?

im off to the hospital for a scan

thanks very much

Paul

Nodding_Donkey

I don't really understand what you are asking.

You want help to sue someone you, in your words, get on well with?

LilElvis

Wait until you know whether there actually is an injury before getting worked up about the fees charged by ambulance chasers.

snadge

yes...but mostly about the 25% charge that goes to the government, this landlady ive known for 9 months and even though i get on well with her I could have brain damage for all I know, a friend of mine took a knock to the head at work, done nothing then 6 years later developed problems caused by it... im just not sure about what the company is telling me? it all sounds a bit funny to me

I suffer with anxiety, mental health problems like depression and suffer with liver disease so i feel unwell a lot, this morning bruising had appeared along side the mark where it full on hit my head

what is an ambulance chaser?

macman

They take an agreed percentage (25%) of your compensation, should you win. The other fee is to pay for the insurance policy that they purchase to cover themselves if you lose.
They don't have to pay the government any part of your award, they simply have to pay corporation tax on their profits, plus their other taxes. If they took only 25% and paid that all to the government, how do you think they would still be in business?
If you don't want to pay a fee then you are free to make a claim yourself through the small claims process, you don't need a solicitor to do that. This assumes that you have a case, since there is no evidence that you have suffered any material loss, other than bruising.
She doesn't need to have you 'thrown out', she can simply not renew your tenancy if she wishes-which presumably she will if you sue her.

snadge

so even if i lose a case they say is winnable I still have to pay the 'other fee' to cover themselves?

thanks for your most helpful post

wealdroam

What about the mark on the radiator?

macman

Any case is potentially winnable, so as long as you are financing the risk, they'll be quite happy to take it, however small the prospects of winning it are.
Find an honest lawyer and they would tell you if your case was hopeless or not before taking it.
As pointed out above, you cannot expect compensation unless you can prove that you have suffered material loss or injury, and a bruise on the head does not amount to much. You can't win based on the possibility that you might show signs of brain damage at some future date!
How long ago did this happen? Seems strange that you prioritised phoning NAH before attending A&E?

snadge

ok thanks, think I have enough information now

thank you

Country_Cousin

[Text removed by MSE Forum Team]

if you feel it is bad enough to sue surely your first thought would have been to seek medical opinion ...
What are your losses - have you missed time off work?
And it sounds like your landlady has now sorted the problem. I am not really sure what you seek to gain from attempting to sue. You would not get much of a pay out for a small bruise and do you really expect that any company is going to do the work for free. They have to make their money somehow and one way or another that is via you...

snadge

Country_Cousin wrote: »

You can't just turn up at the hospital and demand a scan. It does not sound as if you have any symptoms apart from a small bruise and that is not enough to warrant an expensive CT scan.
Love how you rang for compensation before seeking medical advice -if you feel it is bad enough to sue surely your first thought would have been to seek medical opinion ...
What are your losses - have you missed time off work?
And it sounds like your landlady has now sorted the problem. I am not really sure what you seek to gain from attempting to sue. You would not get much of a pay out for a small bruise and do you really expect that any company is going to do the work for free. They have to make their money somehow and one way or another that is via you...

i DID seek medical advice...the dr told me to go to the hospital because they dont have the facilities to check it out...jesus make assumptions why dont you!!

i fell and banged my head of the radiator, for all YOU and I know there could be some damage done

the landlady has left the problem for months until an accident has occurred THEN decided to fix it!!

i was more concerned about them saying 25% goes to the government and a few houndred pounds for insurance...i never heard of governments getting 25% of all payouts thats why I asked about it...

get your facts right before you start making pathetic assumptions

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