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Accident Compensation

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I am not sure if this is teh right forum but need some advice
I fell over last week going into a shop (fell over their doormat) and have fractures my wrist
I want to get some compensation but hvae heard rumours that some of the No-Fee guys are rip off merchants
Can anyone give me advice as to how I do this?
Thanks
Joy
«134

Comments

  • Pollycat
    Pollycat Posts: 35,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    Whose fault was it?
    Yours or the shop?
    Or 50/50?

    I think some of the 'no win-no fee' companies do a give free, no obligation advice.

    If they don't think they have a chance of winning, I'd imagine that they'll not take your case.
    If you don't go with a 'no win-no-fee' company, you'll pay the legal bill regardless of whether you win or not.

    This is only my personal opinion - and I'm not saying that this is you, but I think this culture of suing everybody and anybody just because someone has been careless (tripped over a kerb when not paying attention) or stupid (spilt a hot cup of coffee over genitals because the company didn't have a warning on it) sucks.

    If you really deserve compensation for your accident, then I hope you get it.
  • Polly
    Thanks f r advice
    I tripped over the doormat having opened the door
    The mat wasn't flat on the floor from the kerb
    I wasn;t going to sue but am in pain and unable to work
    as I cant drive
    The only lucky thing is that its left wrist and iam right handed so can do1fimger typing
    Joy
  • Vincenzo
    Vincenzo Posts: 526 Forumite
    Pisceanjoy wrote: »
    I am not sure if this is teh right forum but need some advice
    I fell over last week going into a shop (fell over their doormat) and have fractures my wrist
    I want to get some compensation but hvae heard rumours that some of the No-Fee guys are rip off merchants
    Can anyone give me advice as to how I do this?
    Thanks
    Joy

    Pisceanjoy,

    If you have buildings insurance on a property, check to see if legal cover is included. Some policies include it as standard and others for an additional fee. Even if they do not cover legal fees, some policies offer free legal advice over the phone.

    As far as 'no win, no fee' goes, make sure you read and understand the terms and conditions. They will only take your case if they think they will win. Make sure that their costs will be recovered in addition to the claim, not as a percentage of your award. You should get 100% of the compensation award. I would not want to recommend a firm but I would try The Law Society who should be able to point you in the right direction.

    Also worth considering, depending on the level of your claim, is approaching the company direct to see if they will settle without recourse to lawyers or legal proceedings, although I would still recommend speaking with a lawyer first to ensure you do not prejudice your claim.

    If you have witnesses and hospital records they are unlikely to fight the claim, just to haggle over the amount. They may be happy to avoid the legal costs.....
  • Sorry I plain don't agree with this sort of thing, if it had been a slippery floor that wasn't marked and couldn't be seen or someone driving into you that isn't your fault 100% then maybe but a doormat?!? Come on you can see these things.

    This is the kind of thing that pushes up our insurance costs and cost of goods in stores as well as maybe putting a real financial strain on smaller shops.

    My advice - let it go, there was no ill intention or real negligance, infact if it goes to court it may go against you if it can be proved that the shop had done all it needed to.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Also worth considering, depending on the level of your claim, is approaching the company direct to see if they will settle without recourse to lawyers or legal proceedings

    They will have public liability insurance, so they won't go direct to lawyers, they will get their insurers to deal with it.
  • A bit off topic here....

    A few years ago my Nan (who was 82 at the time) slipped on the mat going in to her local Iceland.

    Luckily she only suffered minor cuts and bruising but it really shook her up and she was too scared to go there again.

    Instead of suing I went into the shop and had a word with the manager, explaining the situation (she was a regular shopper there).

    He was brilliant, arranged a time to come down with my Nan, he met us at the door with flowers for her and £250 in shopping vouchers.

    He also arranged it that whenever she came to the shop someone would meet her at the door and escort her in. (She would wave to the assistant when she got to the shop, who would then get a member of staff to come out)

    How nice was that?!

    Any hoooo, back to topic!

    If you are unable to work and are suffering because of their negligence then go to a "No win-No fee" solicitor; they will give you sound advice with regards to filing a claim without any cost to yourself.

    Part of me used to disagree with claiming, until I was a passenger in a car which was hit by someone not looking when pulling out of a Petrol station.

    I suffered severe "sideways" whiplash, couldnt drive for over 6 months and could barely even lift a kettle, let alone cook etc for my 5 kids. My life was a misery because of someones negligence.

    It took 3 years, but I finally got a pay out which included costs for physio/acupuncture/traction etc and the cost of having my shopping delivered (cos I couldnt drive) and to pay for a weekly cleaner to do housework (changing beds etc) and taking kids to and from school.

    Good luck and hope you feel better soon
    I'm a Nanny again! 23rd April 2012
    Elijah arrived 7 weeks early, 4lb 6.5ozs struggling a bit but in neo natal so well looke after!

    I'm A Nanny! (3rd July 2008)
    Carmella arrived 7 weeks early, 4lb 11ozs and doing well in Neo natal :j
  • uktim29
    uktim29 Posts: 2,722 Forumite
    Sorry I plain don't agree with this sort of thing, if it had been a slippery floor that wasn't marked and couldn't be seen or someone driving into you that isn't your fault 100% then maybe but a doormat?!? Come on you can see these things.

    This is the kind of thing that pushes up our insurance costs and cost of goods in stores as well as maybe putting a real financial strain on smaller shops.

    My advice - let it go, there was no ill intention or real negligance, infact if it goes to court it may go against you if it can be proved that the shop had done all it needed to.

    I kind of have similar feelings to this. When I read the opening post I did think would you sue if this happend at a friends house?
  • Pollycat
    Pollycat Posts: 35,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    bottleredhead
    lovely story about your Nan.

    It might be me, but I don't think your claim for that accident can be compared to those people (and I'm not saying that Joy is one of those) whose own carelessness or stupidity contribute to or even cause accidents.

    It sounds like you deserved every penny of it, and if Joy deserves compensation, then I hope she gets it too.

    Polly
  • Markyt
    Markyt Posts: 11,864 Forumite
    Come on you can see these things.

    Generally I agree with the 'no compenation for accidents' thinkers - but your comment kind of makes an assumption, doesn't it?
  • Markyt wrote: »
    Generally I agree with the 'no compenation for accidents' thinkers - but your comment kind of makes an assumption, doesn't it?

    Ok it assumes the op isn't blind and was looking towards the shop when they entered - if the latter isn't true then they weren't looking where they were going...
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