no win, no fee

[ladybarbara]

Hello. My husband is currently in hospital following brain surgery after a fall in a supermarket's garage, we think the kerbs, lights . it was 10pm - and writing on the ground were inadequate and faded
Is this no win no fee method as good as it looks or would we be better getting advice from a solicitor?
Thank you for any help

[tamborine]

definitely 'no win, no fee' company. Rep will assess the case for further action (free).

Solicitor will do your bidding at your cost, without his own risk assessment.

How many others suffered same due to inadequate lighting/paint etc

[ummmm]

What do you mean? He fell down a kerb due to poor lighting?

Yes, go for no win no fee but I'd shop around and not just go for the ones advertised on telly.

[jojojojoanne]

depends if you want compensation for it or not, with the no win no fee the solicitor would presumably have to be quite certain theres a loophole there in the argument which could potentially be exploited otherwise they wouldn't bother arguing for the case in the first place,

[ummmm]

Yea....like jojo says there has to be definate blame.

[ChuckFickens]

oh good gawd..

ladybarbara, whilst my utmost sympathy goes out to you and your husband for what must have been a dreadful accident, it was an accident for gawd sake, it does sadden me that we are turning to the American, overly litigious, way of dealing with everything!

Why does anybody other than your husband have to be at blame, he tripped over a kerb, he should have been looking where he was walking, if the light levels were low he should have been paying more attention.

That said I do wish him a speedy recovery.

[sara3]

some years ago my neighbour used one of these "no win no fee" solicitors. there may have been no fee but she had to pay for all the medical reports and tests herself. there were lots and it was pricey. I'd have to say be careful.

I wish your husband well.

[dikmcnugget]

Agreed chuck me ol mucka,everyones out for a quick buck these days often committing fraud to recieve it!

[fredpuli47]

Chuck, the original Occupiers Liability Act was in 1957. There is nothing new or 'American' about this litigation or the quite strict standards it requires, 'the common duty of care' of anyone , with regard to visitors. That law itself was only an attempt to set out in statute what the judges, the common law, had developed over the centuries. A supermarket has a duty of care to visitors (and so do the rest of us, in our homes, come to that)

[ladybarbara]

Thank you for your answers. some helpful, some not
Thank you for your opinions Chusck and dikmcnugge Perhaps if you had to have holes drilled in your skull to release the pressure caused by the head injury plus all the horrible symptoms that went with the pressure and also to have your front teeth smashed, and you didn't think it was your fault you may have a different outlook on possible litigation

I thought that this site offered professional help on the law.
I think I may go with tamborin's and fredpuli47' s opinions
Thank you for your help.

[ChuckFickens]

ladybarbara,

I genuinely hope that your husband recovers fully, and I know this this must have been a traumatic time for you both, but horrible injuries do not always equate to 3rd party blame.

And no, this site does not offer professional help on any subject, it's a public website which if your lucky may get you help from a professional on any subject. I am not professional in law at all, but I can give my opinion in this subject if I wish to.

I am a professional in tech and will help you there if ever I can.

[ummmm]

I got compo once....I was hit by a car on a pedretrian crossing with my 4 year old child holding my hand. The green man was up. I had about 50 witnesses as I was taking my son to school. Another woman was hit at the same time.

There is no question of blame in my case. Cars have to stop at red lights. I was in (somewhat) pain for 2 years....my little boy was scared of roads for about a year.

I was watching where I was going....I waited for the green man. It wasn't an accident, it was someone who was on the phone that hit us.

[ladybarbara]

Hello ummmm. Did you go for this no win no fee, and if so, were there any difficulties with it?
Thank you for your message

[ummmm]

My case was straight forward. The police were called and an ambulance and witness statements at the scene.

Yes I went for no win no fee and it was very straight forward. If they think you have a case then they will take it as a no win no fee. If they think you might lose then they won't, or they make you take an insurance policy.

My Dad got hit by a motorbike, the driver said it was his fault and vice versa. They made him take a policy but I can't remember the details.

We don't have much luck....anyway, he got compo and they took a cut because of the risk of losing.

Phone around...lot's of solicitors offering no win no fee also do a free half hour consultation. They will tell you if you have a case.

What supermarket was it?

[fredpuli47]

Cynic that I am, I'd go back to the scene to see whether the supermarket had freshly repainted any writing on the ground, and take photos. They'll probably be well aware of this accident and taken steps. If they've repainted, that would go some way towards showing 'an admission by conduct' an acceptance that the writing was inadequate before.. And, in any case,you don't want them arguing that the writing was always fresh and clearly visible. If you can tell that they've altered or improved the lighting, note that too, for the same reasons.

[happyjo]

A no-win no-fee operates like this.

A solicitors firm will take on a case, they will obtain an insurance policy ( called After the Event Insurance) This policy is paid for by the solicitors and will, in the event the case is unsuccessful pay for ALL the legal costs.. including legal fees and disbursements ( medical fees, expert reports etc). If the case is successful the client gets their compensation from the other party ( in your case, the supermarket) and the solcitors will claim their costs back plus a % success fee from the other side as well.

Go direct to a reputable law firm, not a referal company (the ones seen on TV are mostly referrers who then forward the cases to solicitors for money)

No-win no fees are a safe cost effective way to fund a case, and despite what people think, if someone has an accident and it was not their fault why should they not receive compensation for genuine pain and suffering

Good luck

[ladybarbara]

Thank you happyjo and everyone, I am going to go for it next week hopefully, my husband is now back again in a neurosurgical unit following another bleed in his brain, there may be more surgery, so I can't think clearly at the moment
Thanks again