No Win No Fee Accident Claims

Discussion in 'General Chat' started by DJT75, Aug 28, 2018.

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  1. DJT75

    DJT75
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    Just wondered if anyone had used one of these firms recently, and their experiences?

    A month ago, my wife opened a sash window in a bar because it was too hot inside, and it slammed down shortly afterwards cracking/breaking 3 metacarpals. The bar in question is currently unaware, it was late, the place was packed and she just wanted to get to hospital ASAP so we've not informed them yet. It also took 2 weeks to get a full diagnoses, and we've been away for the past 2 weeks.

    Part of me wants to inform them for safety reasons, but I also want to get legal advice before we do.
    Up until now she's had loss of earning as is unable to work, can't drive, and has had a 2 week holiday in Spain pretty much ruined.

    I wasn't sure if there was a claim to be had there originally, seeing as she opened the window herself in the first place, but the window had no lock, it had nothing stopping or asking anyone not to open it, and it's quite obviously faulty seeing as it didn't stay up on it's own very long.

    Feels like a bit of a grey area though, especially since we haven't informed them yet, so thought the no fee route feels the safest.

    We were away on a short break in this country when it happened. I have annual family travel insurance so maybe that is an option too, but not sure how that affects or weighs up against a legal claim.

    We've only seen the consultant this morning as a follow up to understand the extent of injuries, hence we're starting this process now. (Had to go private as the fracture clinic appointment never turned up, despite being chased up twice with her GP on return from the short break and the initial A&E visit / x-rays etc. She's since had another x-ray & MRI for the private consultant, and a splint made to enable us to go on holiday - all of which was covered by our BUPA insurance, apart from £35 on the splint).

    Any thoughts and/or advice would be appreciate. All comments welcome.
     
    Last edited: Aug 28, 2018
  2. MrFraggle

    MrFraggle
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    I may well be wrong but I suspect that you have left it far to late to make any claim against the bar as I feel you should have informed them right away of the accident. Doubt if you can now go back and claim your wife has suffered an injury on their premises but it was over a fortnight ago?

    As for the no fee boys, they only take on cases they are pretty sure they will win I know from a personal experience following a difficult to prove hospital mistake that left me permanently affected.
     
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  3. Foster

    Foster
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    Unless they have CCTV footage then there will be no case.
     
  4. DJT75

    DJT75
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    Yeah, the timing was awful. 2 weeks for swelling to go down enough to diagnose properly & then a rush to be seen literally the day before we were due to travel.
     
  5. rousetafarian

    rousetafarian
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    Is there a Mr Cocksure in the house, calling Mr Cocksure.......
     
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  6. rousetafarian

    rousetafarian
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    I’d pursue your travel insurance personally
     
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  7. Trollslayer

    Trollslayer
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    Unfortunately I can see the pub arguing that a member of staff should have been asked first.
     
  8. DJT75

    DJT75
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    Yep, there's that too.

    I didn't even seen it myself. I was in the gents and when returning to the table we were sitting at, everyone had left. So had to leave the building to find them and then realise we had to get to a hospital rather than go back into the bar.
     
  9. booyaka

    booyaka
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    As above - Try your travel insurance but in most cases unless it's highly likely to secure a claim, they will not bother with even starting it.
    • No record of the accident
    • no witnesses
    • Probably should have asked the staff to do it
    • Left it too long as there is no way the place will be able to confirm the incident took place there.
    Personally - live and learn - move on, I wouldn't waste any time trying to pursue it.
     
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  10. DJT75

    DJT75
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    Travel Insurance would cover medical expenses if abroad etc, but there’s no compensation element. So I think you’re right
     
  11. stevenM

    stevenM
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    I think he is interviewing
     
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  12. Cocksure

    Cocksure
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    Well as you asked...:eek:

    You could file a claim under Tort law (common law), but that will be expensive and is far from guaranteed. Otherwise, its an insurance job as already said though I doubt you will get anywhere with it. Your trouble is in regards proving that you were there and it happened etc, as you didn't tell anyone at the time it makes it a difficult case that will probably make the no win no fee people uninterested, however I have never used them so could be wrong on that.
     
    Last edited: Aug 29, 2018
  13. Thug

    Thug
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    I also think you will struggle.
    You need to prove you were in the bar at that time and also prove the injury was caused there too.
    If it was reported at the time it should have been put in the accident book, that will be the first place they look.
    If it’s not wrote down it didn’t happen.
    Also the window was opened by your partner and therefor may not have been done correctly.
    You need to prove it was the pubs negligence not your partners.
     
    Last edited: Aug 29, 2018
  14. DJT75

    DJT75
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    Thanks all, it’s pretty much what we’ve been thinking too, but thought if there was a slim chance of success we’d go to one of these firms. But I think you’re all right, we’re just going to sack off the idea.

    A lot less alcohol & a few hours earlier than about 1.30am & we’d probably handled if differently . Live & Learn

    Cheers
     
  15. reiteration

    reiteration
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    just give them a scathing review on tripadvisor :D
     

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