injury claim

[leo9902]

my daughter broke her ankle in a pub carpark last year and phoned one of the claims direct firms off the tele. they have been acting for her until now and because the landlord is nt accepting responsablity they say if it goes to court and she loses she will have all the costs to pay, so when they say no win no fee its not entirly true is it ? if they can sort it out before it comes to court then thats when it applies apparently. so now she dosent know what to do as it could cost her a lot if she loses. just wondered of anybody views on this.

[Ethel]

No win no fee usually applies only to that companies fees - not the costs of medical reports or any third party costs such as court costs.

I would not touch one of those companies with a very long barge pole. If she genuinely has a case, why not use a local solicitor who specialises in personal injury? If she wins, the other side will have to pay all the costs.

My feeling is the company does not believe she has a 100% chance of winning and want to back out. They make their money from wining cases so aren't interested if there is a chance of losing.

[Peter Pedant]

we live and learn by this sort of case

if she can get out of it, she should

I think the real problem is saying at the start - 'oh broken ankle? this is a real money spinner'
when it isnt

[or only is for the lawyer]

[dzug]

Any company that offers a no win no fee arrangement only does so for cases that they feel have a good chance of winning. Would you really expect otherwise?

They may well do so in two stages - 'we'll try it on and see if the defendant accepts liability' - doesn't cost them much, they can do it for nothing.

Second stage if that fails - look at the facts a bit more closely and see what the real chances are. Advise client to pull out if iffy.

Depends now if your daughter wants to put her money where her mouth is.

[Dassie]

She broke it in a PUB car park did she? Can you picture all the assumptions that will go on about her being drunk and stumbling around? She should have been more carefull?......knew the ground was uneven?.....etc etc. Leave it ,as I think she will come off second best

[Ethel]

Dassie - how can you make assumptions like that?

She may have just arrived at the pub, in the dark, unlit car park, and stood in a great pot hole for all you know.

[Dassie]

Ethel, I'm not making any assumptions, I'm only pointing out that if this went to Court then some clever lawyer could use this type of argument to defend the landlord. If she had just arrived he might even ask if she had had any drinks before arriving at the pub...with connotations etc etc