Hearing Claim

SUZYKINS

Just hoping I can get a little advice.
I have had one of these no win no fee claims going through for about 4 years now and finally it is due in court next week.
The solicitor sent me a consent form from the employers solicitors asking me to sign a form asking for old records which I sent back.
He now rings saying that there may be a problem as in previous employment I had a hearing test. My solicitor had all this information & I gave him a statement where he asked questions which I answered truthfully, now he is saying that we should drop it because of this. He says because I didn't state that I had been given a test in 2009, which shows the same amount of hearing loss as in my latest hearing tests I could be counter sued for misleading ? I followed my solicitors advice throughout but now with him saying "I will try to get you out of this" I am becoming a little worried. He said IF it went the wrong way I could be looking at a £25-30k compensation payment to my old company even though the evidence clearly shows hearing loss? He says as I was aware of hearing loss back in 2009 I should have taken legal advice then?
Thing is I said that the hearing test just said my hearing was getting "no worse" and the loss was expected in my work, I only thought about making a claim when I got a phone call. Thing is now Im worried that the ex company may want to carry on and I end up with this counter claim! Would I be able to take action on the solicitors that have been handling my claim ? He did say that it had cost him around £60k so far !!
Thanks in advance & also worth noting/asking questions if your in the same boat as me.

[Deleted User]

I don't think you have said what it is you're claiming for.

Is this some made up claim that you've put in and it's now coming back to bite you?

SUZYKINS

Not at all, Industrial hearing loss.
The previous & current tests show the same amount of loss.
The issue the solicitor said is that I didnt claim when the loss came to light ?
Never even thought about it until I got a phone call explaining about hearing loss & legal entitlement.

k3lvc

SUZYKINS wrote: »

Not at all, Industrial hearing loss.
The previous & current tests show the same amount of loss.
The issue the solicitor said is that I didnt claim when the loss came to light ?
Never even thought about it until I got a phone call explaining about hearing loss & legal entitlement.

So if I'm reading right you have a hearing test from previous employer showing a loss and yet you're taking action against current employer ??


Why did you not claim against previous employer back then ?

SUZYKINS

No claim is against previous employer.

Manxman_in_exile

So you were aware of the hearing loss over three years ago, since 2009?


When did you start your claim? You have to do it within three years of learning of the loss.


If it's out of time I'm surprised your solicitor didn't notice.


I don't know what liability, if any, you may have in this situation. Get more info from your solicitor.


What do the terms of your no win no fee agreement say?

steampowered

Your post is a bit garbled. I find it difficult to understand the facts.

It might be worth going in to see your solicitor in person. Or at least arranging a time to speak to them. So that the solicitor can take you through.

If your case was taken on a "no win no fee" basis, then you will, through your solicitors, have purchased insurance to protect you against the risk of having to pay the defendant's costs if you lose the case. This should protect you provided that you have not been fraudulent.

MEM62

I suspect the history is thus;

* A cold call from a no-win-no-fee legal firm encouraged the OP to submit a claim for hearing loss as a result of work.
* Being the bottom feeders of the legal world the 'solicitor' (A term I use in the unlikely event that they are actually properly qualified) didn't research the case or check documents properly.
* Now they realise that this is not a slam dunk with an easy payday they are intimidating the OP into dropping the case.

steampowered

MEM62 wrote: »

* Now they realise that this is not a slam dunk with an easy payday they are intimidating the OP into dropping the case.

Op said the claim has been going on 4 years and trial is next week, so nearly all of the costs will already have been incurred.

Manxman_in_exile

steampowered wrote: »

Your post is a bit garbled. I find it difficult to understand the facts.

It might be worth going in to see your solicitor in person. Or at least arranging a time to speak to them. So that the solicitor can take you through.

If your case was taken on a "no win no fee" basis, then you will, through your solicitors, have purchased insurance to protect you against the risk of having to pay the defendant's costs if you lose the case. This should protect you provided that you have not been fraudulent.

Is that "After the Event" insurance or something else? Is it always offered or compulsory in NWNF cases?

dickydonkin

Is the hearing loss noise induced?

Nowadays I believe a CT scan can determine the difference between Noise Induced Hearing Loss (NIHL) and natural deterioration (Presbycusis).

I am having difficulty in understanding some elements of your post, but out of curiosity, what industry were you in and have any of your former colleagues claimed for hearing loss?

A company I used to work for were inundated with genuine claims for loss of hearing due to very poor noise management over a period of years and many did submit spurious claims that eventually, the company decided to defend.

The flow of claims unsurprisingly stopped.