No win, no fee???

[jeepster]

i had a claim last year, the solictiors (wixted and co) operated on a no win no fee / win no fee basis, i can find their number if you want it. they were very good and true to their words

[Tog]

The 'no win no fee' system works by the 'claims company' (often not a solictor) taking out an insurance policy to cover the costs of the case if they lose.

The premium will be paid by you out of your 'winnings' if you win. (25% is about average)

(their ain't no such thing as a free lunch!)

A few 'proper' solictors will do the work but obviously 25% of 2k is a lot for you to lose.

 

If you are making a claim for an injury at work you must make your claim within 3 years (you have to issue a some first step notification).

A good 'first step' is to get the details of your employers insurer from them and let them know what has occured.

You do not need to use solictors etc & you can get a fair bit of info from the web.

I got a book from amazon & using the info from it got some compensation for an injury I 'collected' at work,(which was about 50% my own stupid fault)(the company insurer paid out when they saw my claim was valid to save all the court & solictor's fee's).

Your household or car insurance may well have 'legal expenses cover' and you could use that route to make your claim.

It is much harder to claim for above 5k as it then it goes beyond the 'small claims court'.

It is also very hard to claim for anything other than a physical injury, keep evidence of the stuff you have had to buy (dressings, lotions and potions etc) & take photo's of the injury & where it occured.

This is where the unions realy do work & I sugest you look at the website of the body relevant to your employment for more info.

I will root around for that book!

Good luck

Tog

[jeepster]

wixteds fee came out of the person who crashed into me's costs, i got the full value of the claim. thats the difference between a claims company and a solicitor

[Cranfield]

For the average High Street Solicitor to take on a "no win-no fee" case, it has to be a dead cert.

 

Cases that aren't so clear cut, end up with the Claims Agencies, who perform a service for people not keen (or unable), to risk their own money.

[jeepster]

exactly, in my claim, white van man crashed into the back of me when i was stationary at traffic lights, pretty clear cut case and not much chance of my solicitor not winning!

[Lid]

Personally I have never found the CAB any use, but then again you've got nothing to lose apart from sitting in their waiting room.

 

Several reputable solicitors round here offer a first appointment free and will advise you fairly on the prospects of your case, with no obligation to continue.

 

Are you certain you are not entitled to legal aid? You can get it even if you are earning a bit, but from what you say, you are off work with SSP for income now. Maybe these claims aren't eligible any more for legal aid, but they certainly used to be.

 

[ 02. September 2004, 10:40 PM: Message edited by: Lid ]

[rickster]

i have had dealings with one of these no win no fees schemes,

be carefull, most will ask you to take out a loan for around 1000 which you pay back out of your winnings (plus intrest of course) then they company will take a set amount, You get whats left, then they go back to court to get your expenses back, its a long winded drawn out process, i belive theres a solictor on here they specialises in employment law?

[northern mark]

I have spoken to a solicitor and he doesn't think it is a certain win job so is a bit reluctant to take me on.

 

I'll try a couple of others and see what their opionions are.

 

thanks for all the advice.

 

Mark

[Lid]

From what you said before, it sounds that you have a strong case in that the power tool in question was meant to have been put away and so I assume it was unattended at the time.

 

If this was the case, you had no good reason to be scanning the floor for such a hazard. Therefore the employee who left the cable out should be found negligent and so by default your employer was negligent and the insurers have to cough up.

 

More often than not when the case is strong, company insurers will offer to settle out of court, usually at the last minute without admitting liability.

 

[ 04. September 2004, 04:37 PM: Message edited by: Lid ]