To claim or not to claim?

Choccieclaire

Hi, 
First time here! 

Last week I fell at a hotel. Outside, slippy decking after the wet weather. I have subsequently fractured my elbow & can’t drive or work. 

I didn’t inform the venue on the day as it was my sister in laws wedding & I didn’t want to ruin the day & at the time hadn’t thought I had done any damage. (I should infer it was at the start of the day & I was sober!) 
I did email details & photos & videos of me falling (filmed just by chance in he background of the bride) to the hotel and they have agreed to update the accident book. Family think I should claim. But I have no idea whether I would stand a chance or where to start?? Any help appreciated. 

Thanks 

chrisw

You need to speak to a solicitor who deals with personal injury claims. Choose a 'proper' one near you rather than the claims4you type outfits. The initial discussion will likely be free and they will advise your chances of success. 

It's not always clear cut - it depends if the hotel were negligent, or there were contributory factors such as you'd been drinking, could reasonably have foreseen the danger, etc.

Choccieclaire

chrisw said:

You need to speak to a solicitor who deals with personal injury claims. Choose a 'proper' one near you rather than the claims4you type outfits. The initial discussion will likely be free and they will advise your chances of success. 

It's not always clear cut - it depends if the hotel were negligent, or there were contributory factors such as you'd been drinking, could reasonably have foreseen the danger, etc.

Thanks Chris. Are the no win no fee a complete no go. I have never claimed for anything before. 

MovingForwards

Do you have legal cover through your home insurance or union membership? If so, give them a call.

chrisw

Choccieclaire said:

chrisw said:

You need to speak to a solicitor who deals with personal injury claims. Choose a 'proper' one near you rather than the claims4you type outfits. The initial discussion will likely be free and they will advise your chances of success. 

It's not always clear cut - it depends if the hotel were negligent, or there were contributory factors such as you'd been drinking, could reasonably have foreseen the danger, etc.

Thanks Chris. Are the no win no fee a complete no go. I have never claimed for anything before. 

Many local solicitors will also work on a no win no fee basis if they consider you have a good case. They will also advise you if they think you don't stand a chance.

The claims4you type outfits will generally try and persuade you that you have a good chance of winning as they want your business. They may ask you to exaggerate some elements of the claim and take a large chunk of any winnings. You may not have to pay their fee if you lose, but a court might order you to pay the other party's legal fees. Note, this is general, not all companies will be like that but it's hard to sort out the good ones.

MalMonroe

Aside from anything else, there is a Health and Safety Issue and the hotel needs to get that decking made safe so other guests don't slip and trip when it's wet.

I know you have a lot to do and are probably in pain from your injury (it sounds awful) but please do consider reporting it to your local council, as per the info in the following link (scroll down to 'local authorities') -

https://www.hse.gov.uk/contact/authority.htm

They may even be able to help you with a claim for compensation from the hotel since there was obviously negligence and you have not only suffered pain and injury but you're also unable to drive or work.

Citizens Advice may also be able to offer some advice. If you're in England call 0800 144 8848

There's a bit more info in this link - https://www.citizensadvice.org.uk/about-us/contact-us/

MalMonroe

chrisw said:

You need to speak to a solicitor who deals with personal injury claims. Choose a 'proper' one near you rather than the claims4you type outfits. The initial discussion will likely be free and they will advise your chances of success. 

It's not always clear cut - it depends if the hotel were negligent, or there were contributory factors such as you'd been drinking, could reasonably have foreseen the danger, etc.

The hotel WAS negligent in allowing guests to use wet and slippery decking. Nobody could have foreseen that danger.

The OP said she had NOT been drinking - and that it was the start of proceedings. 

chrisw

MalMonroe said:

chrisw said:

You need to speak to a solicitor who deals with personal injury claims. Choose a 'proper' one near you rather than the claims4you type outfits. The initial discussion will likely be free and they will advise your chances of success. 

It's not always clear cut - it depends if the hotel were negligent, or there were contributory factors such as you'd been drinking, could reasonably have foreseen the danger, etc.

The hotel WAS negligent in allowing guests to use wet and slippery decking. Nobody could have foreseen that danger.

If nobody could have foreseen the danger then they weren't negligent.

However, I'm not saying they were or they weren't in this case, all I'm saying is that all the facts need to be put to a good solicitor who will decide whether or not there is a case to answer.

Sandtree

Choccieclaire said:

chrisw said:

You need to speak to a solicitor who deals with personal injury claims. Choose a 'proper' one near you rather than the claims4you type outfits. The initial discussion will likely be free and they will advise your chances of success. 

It's not always clear cut - it depends if the hotel were negligent, or there were contributory factors such as you'd been drinking, could reasonably have foreseen the danger, etc.

Thanks Chris. Are the no win no fee a complete no go. I have never claimed for anything before. 

Just make sure you understand what you are signing up for... "no fee" means you dont pay the solicitors time if you lose however you may still have to pay disbursements (eg medical report fee), withdrawing is not the same as losing and can make all fees payable and what percentage they will take from your winnings will vary.

Not to make you worried but these things vary significantly between solicitors and too many people signup without reading/understanding it properly. If you have any form of legal expenses insurance with your Home, union etc then they should instruct someone under your policy if they feel they have a reasonable prospect of success (which is also a requirement for no win, no fee anyway)

TELLIT01

MalMonroe said:

chrisw said:

You need to speak to a solicitor who deals with personal injury claims. Choose a 'proper' one near you rather than the claims4you type outfits. The initial discussion will likely be free and they will advise your chances of success. 

It's not always clear cut - it depends if the hotel were negligent, or there were contributory factors such as you'd been drinking, could reasonably have foreseen the danger, etc.

The hotel WAS negligent in allowing guests to use wet and slippery decking. Nobody could have foreseen that danger.

The OP said she had NOT been drinking - and that it was the start of proceedings. 

From the information the OP has provided its not possible to say whether or not the hotel was negligent.  Something might have blown onto the decking just before the OP stepped onto it.  If many other people were walking on the decking without problem, the hotel could reasonably argue that it wasn't dangerous.