No win No Fee - Medical Costs - .

johnnytwoeyes

My neighbour took a fall  due to a wet floor in a shop fracturing a bone , he spoke to me and asked if I would help go through a no win no fee solicitor ( I regret saying yes now)

After resting for a few months he was sent to a specialist through the solicitor who said on the report that the issue should resolve within 12 months but requested that he came back to reassessed.

Now after seeing the specialist for the second time , he has now requested a scan of the back .

 

All the costs are mounting up  and after reading a few articles my neighbour is worried it is going to leave him out of pocket .

Who actually pays for the medical reports , doctors visits etc , is out of the maximum 25% charge or in addition to. 

Any help or pointers would be appreciated.

eskbanker

I'd have thought that medical costs directly attributable to the original incident should have been claimed from the shop's insurers, even if there's a separate compensation claim over and above such cost recovery - have these insurers been involved yet?

PHK

This isn’t really a consumer rights issue and as he already has legal assistance then you’d be better speaking to them. 

Beforehand it would be good to write down exactly what it is he’s  concerned about so that you can talk it through with the solicitors firm. 

It’s also worth while reading through his contract with the firm to see what his commitments are. 

Ultimately, if he’s unhappy he can complain to the solicitor and if not resolved to the SRA. 

Remember though, these cases are about costs for specific things ( eg being unable to work, equipment needed) and they are not about getting a big payout. With his further accident, which could be seen to show an element of the original accident was not the stores fault entirely and the further damage I am not certain what the outcome would be. 

I hope he gets this sorted. 

swingaloo

Why has he paid out £500 for insurance. This is an insurance taken out by the solicitor on his behalf in case he loses the case so that the solicitors can cover their costs. He shouldnt have had to pay that out of his pocket up front. 

Has he provided proof of all his losses, wages, medical aids, medication, hospital travel etc. 

These things invariably drag on and in the 2 cases I have been privy to both have taken around 3 years. If the other side dont agree a pay out and if the case goes to court then the solicitor has to file before the 3 years are up. 

You or he needs to read the contract he has signed to see exactly what he may have to pay.  The no-win-no-fee solicitors are at the bottom feeders of the legal world. 

johnnytwoeyes

Thanks for all the comments , will check over the small print when I get a chance but a quick look over says 


Our charges are based on the time we spend dealing with your claim, and this includes reading and working on correspondence, emails, telephone calls and any meetings with you.  The complexity of your case will also affect the time spent on it.  disbursements totalling between £500 and £1500 .  We will also incur disbursements which are fees that we have to pay to otherparties, e.g. court fees, doctors’ fees, engineer’s fees..  


Is the £1500 in the disbursement charges towards any medical costs incurred ? 

He coming up to 77 now and has been retired for a while , the losses did not really add up to much as he got quite a bit of stuff and help from people - he was informed by the solicitor that any beds or furniture would not be covered unless it was recommended by a doctor .. 

He worried once he has the scan the specialist will say he wishes to assess him again in 12 months and the stress will do him in  .. 

The second fall in my opinion is a result of the first as he was healthy before  , shopping and gardening himself but since the fall has become withdrawn and really showing his age  .
 

DullGreyGuy

its unusual to have to pay for ATE Insurance up front, normally the insurance is self insured, ie if you dont win then you dont pay for the insurance as the insurance covers its own fee. 

Even though you are using conditional funding lawyers still have to give you a reasonable projection of costs because, for example, if you were to abandon the claim half way though when the solicitors still thought you had a good prospect of winning then you personally would be liable for covering the costs... ATE covers the cost of losing not of abandonment. 

johnnytwoeyes

sorry for the confusion , just spoke to him he says he has not paid for th
e ATE upfront but has signed the forms . 

swingaloo

The problem you have with these NWNF solicitors is that you cannot change your mind because it is dragging on. If you pull out then you would be responsible for the costs to date. 

Did the shop admit liability? Presumably he had hospital attention.

Obviously beds and furniture would not be able to be claimed for unless as the solicitor said it was required for medical reasons but he should still have things to claim for. I had a car crash some time ago and suffered a dislocated shoulder and bruises, I was advised by my solicitor to keep receipts for everything from paracetamol, petrol to the hospital, a feather pillow, my glasses which were broke in the crash etc, etc.

DullGreyGuy

johnnytwoeyes said:

sorry for the confusion , just spoke to him he says he has not paid for th
e ATE upfront but has signed the forms . 

It is probably best if the two of you arrange to call the fee earner together so you can clarify any of the questions the pair of you have as clearly the comms aren't perfect and you are possibly confusing each other. 

As to conditional funding solicitors being bottom feeders... most the Magic Circle (5 largest law firms in the UK) do conditional funding and having worked with 4 of the 5 on a non-CFA basis they are certainly not bottom feeders (though the bill gets scary quickly at £1,500 per hour). There are bottom of the barrel types doing CFA work and there are highly reputable companies doing the same.