Use solicitor or represent myself?

Skylar34

Hello


Not sure if this is the right place for this or if anyone can advise, had a fall in a supermarket caused by packaging which was left in a walkway, initially I just wanted to get out of the shop as soon as possible but the accident book was completed and I was left with a fair amount of bruising and then started getting pain with neck and shoulders caused by having both hands full of heavy shopping at the time and flinging hands up to stop fall. GP thinks physio will be required.


I complained to the company concerned who on the accident form stated it was caused by packaging left on the floor and they have now written back stating if I want to make a claim I can write to their insurance company stating how I would like it resolved, now I don't know the best way to proceed, they are liable and have pretty much admitted fault on the form so should I write back asking for some form of compensation or have a solicitor deal with this on my behalf? most now charge 25% . Never made any sort of claim before so don't know how it all works and any advice would be welcomed.


Thanks

[Deleted User]

It's your own choice whether to employ a solicitor.

Skylar34

I understand that but I don't know if I would have any success if I attempt this myself or if I would be better leaving it to a professional who would know how to deal with the insurance company on my behalf, hope that makes sense. Not sure if anyone has done this before?

FreeBear

First, check to see if you have legal cover with your household insurance. Then go and see a solicitor for a free initial consultation.

hollydays

Skylar34 wrote: »

I understand that but I don't know if I would have any success if I attempt this myself or if I would be better leaving it to a professional who would know how to deal with the insurance company on my behalf, hope that makes sense. Not sure if anyone has done this before?

How were you considering dealing with it yourself?
What would you do exactly?
What if the medical issues cause any other problems over time?

Skylar34

By dealing with it myself I meant responding to them directly, in their response to my complaint they have said that if I wanted to pursue a claim for damages I should contact their insurance department and tell them what happened, why I believe they are at fault and how I would like it resolved so am asking if I would be in my interests to do that or have a solicitor deal with it all?

unholyangel

OP theres no point making a claim until you know the extent of the damage. How long ago did this happen? What did the doctor say? Was anything broken? How long is the pain in your neck/shoulder expected to last?

I'd also keep in mind that slip/trip/fall claims usually always contain an element of contributory negligence (ie inappropriate footwear, running, not paying attention to where they were walking etc) and so this might reduce any damages potentially awarded.

Depending on the above, you may not be able to get a lawyer to represent you without paying for their services. Conditional Fee agreements replaced no win no fee agreements with the 2013 reform meaning you can no longer reclaim legal expenses from the losing party and instead it must be paid from your own award. This is capped at 25%.

Meaning unless your claim is for a value high enough that enables a solicitor to cover their costs at a max of 25% of your award, they'll be unlikely to want to progress with your case.