No win no fee compensation for TPF in the UK

[KartBoy]

I have started this thread because a search of the boards hasn't given me what I think I need, I hope this is the right place. I suffered my TPF (Plate and six screws) 7th March 2008 after being run down by a car as I crossed a narrow road, liability hasn't been admitted yet and police are still investigating but am looking for anyone with some experience of what is happening.

I have engaged a biggish law firm to seek compensation on a no-win no fee basis as I didn't have insurance for legal claim against the driver. We are still early days but I don't think they understand the seriousness of the injury and just how long it might take to get my mobility back, I have started physio and hopefully in two weeks OS will tell me I can start weight bearing but am concerned that the tickbox mentality of law firm just isn't working that well at the moment.

I'v got ROM up to about 125 degrees but at that point it hurts like hell to get any more and even after two weeks this seems to be it. I can only compare what my knee can do at the moment with my left leg and they don't currently belong on the same body. I was very active before the accident, over 900 miles of training for first marathon, sub 2 hour half-marathon in sept 07 and senior brown belt (next exam is black belt grading) and still very concerned that I might not recover well enough to be able to take these back up (I'm male & 45) which would really suck but also won't no for ages.

Its seems very different here in the UK, firms don't get a percentage and the TV ads don't mention how long these cases can take to resolve, anyone else further down this track?

[SuzanneT]

Does the person that hit you have automobile insurance?  That may be where your first claim will come from. 
Suzanne

[KartBoy]

He was working for a garage either picking up or delivering a car so the initial response has been from the insurers that represent the garage. They have nearly four months after the initial claim before they even have to admit liability which hasn't run out yet.

[manda20]

hey

i dont no  if i can help but i can only tell you how far i have got with my no win no fee claim in the uk i took upon this advice from friends and family  when i fell and broke my patella and being such a young age it has greatly made a massive downward spiral in my life and i am now over 6 months from the accident i had and my solicitor said it could take up to a year or 2 years to claim money and would be put into a trust for me until i was 18.

therefore they accepted liabilty 4 months after my accident after evidence was collected and im on my way to have another operation because of this accident and have to wait till around September for a medical expert who will examine how much damage has actually been done to my leg and what i can and cant do as this is when they think my leg should be fully healed. they then have to add up the costs of damages that you suffer from the accident and settle a fee with the people you are claiming from but thats all i really know about how the process goes as im only 17 to even really handle all this legal documentation.

[KartBoy]

Thanks for you post, can I suggest that you push for an earlier medical exam which is what I'm trying to do, especially in your case as compensation should take into account the effect it has on your life while healing which is both our cases is not a quick process.

I am coming around to the idea that what we do sets precedent for future compensation cases as case law is currently not that well developed. It will be easier to argue/ dispute the compensation offered if you have ongoing evidence of your disability rather than relying on memory which can be disputed by a sharp lawyers.

I didn't used to believe in compensation claims as a general rule but as a result of my accident I have lost a lot of income which gets bigger by the day and I am suffering as you from a lot of day to day pain and discomfort. The lawyers need to realise they are dealing with people not pieces of paper.

Andrew

[manda20]

yea they need to relise we are people who are suffering in pain and discomfort due to accidents happened and should take a more careful approach to us and not let us hang on and wait but im not that bothered about how long it takes cos mine has been going for about 7-8 months now so i cant have any compensation until i 18 and i think that money now could make an improvement to my young hectic life as a teenager and could improve my look on a future which i see to not be anything could and bare to think how i will be in 5 years time.  but they wont budge and ive tried to move it forward but they said that they want to see me after the other operation and wont move on that either as it takes up to 6 weeks for them to give you an appointment but i am now trying to get private physio after this operation as i would feel i would benefit more than a public class under NHS

manda

[KartBoy]

Hi Manda

See if they will pay for the private treatment, don't see any reason why they won't as they have already admitted liability but you should ask lawyer before you book it. See if you can find a physio who will assess you for nothing and give them a report on benefits of some treatment before surgery. Keep your spirits up, life can suck but you have plenty ahead of you and you never know what good things may come from this.

Andrew

[manda20]

hey andrew

thanks for the advice and help

i will try and get in contact with them after my operation to arrange private treatment and physio before i go and book it as i wont be able to afford it if not and i shall let you know how i get on after that

thanks

manda

[fatcats6]

Ah compensation and lawyers....welcome to the game.  Forget everything you think is fair and right and think of this as a chess game.  You're just one piece in this game and I'm afraid, you're not the Queen.  Every action, piece of paper, request, phone call is designed to prolong the process, create more work for the other parties involved and they've played the game well and for many many years.  Expect your game to last a very long time indeed.  My case is 2 years now and I've just had my third extension granted so the insurance company's solicitor can yet again review the medical evidence. 

The best way to deal with it is to not take it personally.  They don't know you and they certainly don't care about you.  Think only of yourself as someone who is trying to take alot of their money and they would very much like not to give it to you and it's their job to find a way to make that happen.  It's not about justice or even about doing the right thing, it's just about money and how little they'll end up giving you.

The best tactic anyone taught me was:  When they ask you a question, before you speak, stop and think about what they're trying to do, it's not to help you, it's to help them, so think about your response, keep it simple, but precise and don't give them any information they can use against you.

Compensation cases do your head in, so knowing this at the beginning is a great help...it's not personal it's business.  The secret is to remember that.

[KartBoy]

Some good and neutral news, after over four months the drivers insurers have not yet admitted liability so we are now going to file proceedings which should light a fire under them, they hopefully will coem to the party and offer compensation without needing to talk to a judge as it will cost them alot more if they try to defend in court, the good news is that the driver is to be charged by the police as we have finally got the witness statement we needed. The most likely prospect though is an interim payment first followed by alot more waiting but at least the signs are good that it should come out all right in the end.

[UK Girl !]

i dont know why you have gone done the route of these no win no fee sharks - it you were run over due to someone elses careless. dangerous or reckless driving then instruct a solicitor who will get theirs and your costs back from the offenders insurance!! These no win no fee people are only there to make money and they wont lose cos they only deal with safe cases and they have you take out insurance against losing the case - so either way they win and get their costs !

[KartBoy]

Hi UK Girl

Must admit I didn't do that much research into personal injury claims when I started the process but did reject one that is heavily advertised on tv, I had along conversation with the firm I am using and gut reaction was that they would be ok, I didn't have the option of just instructing a solicitor as I didn't have family legal insurance and could not afford to pay up front for a case. The most interesting thing is that the TV ads don't mention how long it takes.....

[DarkAlleyE]

Broxy,
I'm in the US, and I don't know how our laws compare for this type of situation, but I had a lawyer who worked on a percentage basis - no win, no fee for him, which makes them very agressive.  Most personal injury cases in the US are taken on this basis. I got my lawyer through a referral, not an ad. I never dealt with the insurance company he was pursuing the case against.

From the time I fell to the case being settled was 17 months. THe demand didn't go out until I was at what was considered maximum medical improvement, which was after 12 months. It takes forever. And be prepared for them to do things like hire a private detective to watch you. They did me - it was very annoying.
Hang in there,

Emily

[KartBoy]

Emily

Thanks, I have already accepted that it not likely to be a quick process, but with a bit of luck we can get an interim payment to tide me over until I get back to work, a medical exam will happen soonish but all the relevant medical records still haven't been released which the medical examiner needs before an appointment can be made.

I had a long conversation with lawyer last week and while every case is different they start with classifying the injury, I have a plate so that pushes me to the top end of the scale, I am not too worried about being spied on as I have no intention of stressing out my leg until I think it is more than capable of taking it, today was one of the best days yet but still had a couple of stabs of pain when I move the knee too fast which reminded me that I still have a long way to go.

I don't think that it matters much whether its fixed fee, percentage or no-win no fee as the laywers never lose!

Andrew

[hansenke]

Andrew,

I'm in the US also, so things here may be different but here are some things I've learned as I"ve gone down the legal path:

You are "entitled" to compensation based on the amount of the insurance from person that hit you, and your own personal injury insurance.  Since mine was an auto accident, I had 2 insurance policies that I could dip into. 

If you feel that the insurance doesn't cover the pain and suffering, you can sue the person straight out, meaning you will try to get a judgement against his personal assets.  This usually goes to a jury, and can take a long time to come to a resolution.  Collecting any money could take even longer, since the assets may not be liquid.  It seems that many lawyers like to stay away from this, since it takes so long and nothing is as guaranteed as an insurance settlement.  In your case, since it was a business, they may have a larger "umbrella" policy that could kick in on top of the auto insurance.  In addition, they probably have insurance to cover any fixed assets (building, equipment, etc) that a good lawyer could try to sink his teeth into.

Lastly, here, there is the nasty habit of medical insurance companies coming after YOU to recover their expenses. This is called a subrogation lien, and could wipe away any settlement you get from the other insurances.  It seems like the lawyers can haggle about what the true amount is, but it still is a reality which can significantly decrease the settlement amount.  That practice isn't allowed in all the states, so it may not be applicable to you.

You mentioned that you may get an interim payment.  I'd suggest you have your lawyer review this to make sure there isn't something in it that would let them off the hook. 

Good luck, Kai