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Any advice regarding claim for life changing injuries
Posted: 7 Jan 2017, 11:35am
by Allene
Hi - I hope it's ok to post this here.
In october my Brother in a law was hit by a car and air ambulanced to hospital with leg fractures, severed artery and tendons. He was fortunate that he kept his leg and has had two operations so far, metal plates inserted, skin grafts and microsurgery to reattach veins.
The driver had pulled into the turning lane and then turned right hitting the cyclist (my brother in law) in daylight, he was wearing bright red gear. Witnesses have said they all saw him clearly, driver admitted fault and police are prosecuting.
He is recovering in his parents' living room as his own flat is on the first floor with no lift. Doctors anticipate permenant reduced mobility which will likely effect future employment as he is an electrician needing to climb ladders etc. There is also significant emotional trauma.
Anyway, as the family is under a lot of stress, I have said that I would look into finding a reputable solicitor.
Slater Gordon come up on google searches. I'm feeling the weight of this responsibility and obviously don't want to instruct an unreliable organisation.
I would appreciate any guidance.
Thank you
Re: Any advice regarding claim for life changing injuries
Posted: 7 Jan 2017, 12:07pm
by thirdcrank
viewtopic.php?f=1&t=49627That's one I prepared earlier.
In your circumstances, I'd draw particular attention to the link to Martin Porter QC, and in particular, his offer to help identify a suitable lawyer to represent you.
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Edited to add this, the bit from Martin Porter I quoted above.
Finally, if you have been involved in a cycling collision, feel free to drop me an email. I have a passion for cycling and will do my best to point you towards the best legal representation for you.
I've been back to check the offer is still there - it did occur to me he might have got fed up with cyclists emailing him - but it's still displayed. There can be nothing to lose in contacting a QC who specialises in personal injury and who is also a keen cyclist. And plenty to gain.
Re: Any advice regarding claim for life changing injuries
Posted: 7 Jan 2017, 12:10pm
by Psamathe
I've not used Slater & Gordon so cannot speak from experience of them. But they are a big no-win/no-fee type of company and you would be one of many many cases they would be handling. I have a default opinion of such large companies that they are basically acting in their own corporate interests or at least their own corporate interests have a very high priority (they must have given that their responsibility is to their shareholders - your best interests only pay a part in terms of their income and reputation).
When I have had need of significant legal action (as in a case that took close on a year to resolve) I went to a smaller company, had a single solicitor handling the case, had his direct phone number, company was small enough to rely on their reputation for future business (i.e. their future business was NOT dependent on expensive high profile TV ad campaigns). The solicitor handling my case was the solicitor specialising in the area of my case (other solicitors in the company specialised in other areas).
In terms of legal costs, many small companies would be able to offer "no win, no fee" (the small company I used offered me "no win, no fee" though for reasons not relevant here, I did not use it).
I would look around your local small companies. Talk to them and see how you feel about them. In my case I did a "double check" with a different small firm who I would not have been happy using.
But I have very limited personal experience and I have a big personal bias against large corporations whose interest is their own profits and you are more a case number than a person needing help and advice.
But also remember, solicitors charge based on their time. I got periodic bills with time sheets attached detailing what time was spent doing what and when. Time on phone calls are part of that charged time so if you are paying on a time used basis, make sure you are clear about what questions you have before calling, don't waffle, be clear about what is relevant to the case and don't use the time to "unburden" BUT do not stop the charges from asking relevant questions and getting the answers you need. I'm not sure how the "no win, no fee" works in this regard.
Ian
Re: Any advice regarding claim for life changing injuries
Posted: 7 Jan 2017, 4:02pm
by Allene
thirdcrank wrote:http://forum.cyclinguk.org/viewtopic.php?f=1&t=49627
That's one I prepared earlier.
In your circumstances, I'd draw particular attention to the link to Martin Porter QC, and in particular, his offer to help identify a suitable lawyer to represent you.
===========================================================
Edited to add this, the bit from Martin Porter I quoted above.
Finally, if you have been involved in a cycling collision, feel free to drop me an email. I have a passion for cycling and will do my best to point you towards the best legal representation for you.
I've been back to check the offer is still there - it did occur to me he might have got fed up with cyclists emailing him - but it's still displayed. There can be nothing to lose in contacting a QC who specialises in personal injury and who is also a keen cyclist. And plenty to gain.
Thank you so much. I have just emailed him.
Re: Any advice regarding claim for life changing injuries
Posted: 7 Jan 2017, 4:19pm
by Allene
Psamathe wrote:I've not used Slater & Gordon so cannot speak from experience of them. But they are a big no-win/no-fee type of company and you would be one of many many cases they would be handling. I have a default opinion of such large companies that they are basically acting in their own corporate interests or at least their own corporate interests have a very high priority (they must have given that their responsibility is to their shareholders - your best interests only pay a part in terms of their income and reputation).
When I have had need of significant legal action (as in a case that took close on a year to resolve) I went to a smaller company, had a single solicitor handling the case, had his direct phone number, company was small enough to rely on their reputation for future business (i.e. their future business was NOT dependent on expensive high profile TV ad campaigns). The solicitor handling my case was the solicitor specialising in the area of my case (other solicitors in the company specialised in other areas).
In terms of legal costs, many small companies would be able to offer "no win, no fee" (the small company I used offered me "no win, no fee" though for reasons not relevant here, I did not use it).
I would look around your local small companies. Talk to them and see how you feel about them. In my case I did a "double check" with a different small firm who I would not have been happy using.
Ian
Thank you.
I know what you mean. My personal bias is the same. We live in a rural area in West Wales and I'm not sure if the local solicitors would have the relevant experience but it's worth investigating.
Re: Any advice regarding claim for life changing injuries
Posted: 7 Jan 2017, 4:25pm
by thirdcrank
Best wishes to you and your family, especially your-brother-in-law at this difficult time. All the compensation in the world cannot make up for serious injuries, but it can help with rebuilding a life.
It's unfortunate that this type of query comes up from time-to-time but our best response can only be a pointer to expert advice. If you have any advice of your own in due course, I'm sure it would be useful if you posted so we could include it futures replies. It would be great to imagine a world where litigation was unnecessary, but let's not dream.
Re: Any advice regarding claim for life changing injuries
Posted: 7 Jan 2017, 5:11pm
by eileithyia
I have used Gordon and Slater as they were the go to solicitors via CTC/CUK when i had my accidents. The Solicitor i dealt with was a cyclist and I never felt I was dealing with a big corporation, but knew at least they had a vast array of experience behind them.
This is another company you could look at
http://www.bikeline.co.uk/content/about-usI know it is a bit late, but if you can go back and look at all costs and expenses and create a diary of injury, pain, progress etc. These can all be added to the claim.
Also all 'nursing' care... including everything your family is doing to help with day to day leaving activities; dressing, washing, shopping, cooking, driving etc....... this is all relevant.
This will not be a short process, but you want to make sure it is right, that the settlement is appropriate etc., So could take a minimum of a couple years, you want to know that recovery is as good as it is going to get before you settle, no point settling on the supposition that it might improve then find it does not.
As said further up, settlement does not put it right but it makes living easier and pays for any care that might be required. A friend of mine is in a wheelchair the injuries being life changing for both him and his wife, the compensation pays for the equipment and on going nursing care he requires and will require for the rest of his life..... though i am sure he would prefer not to have had to have the compensation and his old life back.
Best wishes for your family.
Re: Any advice regarding claim for life changing injuries
Posted: 7 Jan 2017, 10:13pm
by Psamathe
Allene wrote:Psamathe wrote:I've not used Slater & Gordon so cannot speak from experience of them. But they are a big no-win/no-fee type of company and you would be one of many many cases they would be handling. I have a default opinion of such large companies that they are basically acting in their own corporate interests or at least their own corporate interests have a very high priority (they must have given that their responsibility is to their shareholders - your best interests only pay a part in terms of their income and reputation).
When I have had need of significant legal action (as in a case that took close on a year to resolve) I went to a smaller company, had a single solicitor handling the case, had his direct phone number, company was small enough to rely on their reputation for future business (i.e. their future business was NOT dependent on expensive high profile TV ad campaigns). The solicitor handling my case was the solicitor specialising in the area of my case (other solicitors in the company specialised in other areas).
In terms of legal costs, many small companies would be able to offer "no win, no fee" (the small company I used offered me "no win, no fee" though for reasons not relevant here, I did not use it).
I would look around your local small companies. Talk to them and see how you feel about them. In my case I did a "double check" with a different small firm who I would not have been happy using.
Ian
Thank you.
I know what you mean. My personal bias is the same. We live in a rural area in West Wales and I'm not sure if the local solicitors would have the relevant experience but it's worth investigating.
I actually used a small company that was many hundreds of miles away from where I lived. Never went to their offices, only ever communicated on phone and by post/e-mail and it worked fine. When it was looking like we would be going to court he was sorting local representation; when we (myself and the person I was suing) were called to Judges Chambers the Judge was just summoning the two parties and not their legal teams so no need for representation there. If you find a company many miles away, ask them how they would handle a court appearance (and ask where any court appearances would actually be) - and don't accept "I don't
expect it would go to court" as it might and you would then need representation.
In my case my solicitor was organising a local barrister (the case was maybe more complex than a solicitor would handle - unsure but I took his advice as that was why I went to him to start with). I don't know how often solicitors actually go to court and how often they pass the court hearing to a barrister. Must depend on the case (outside my knowledge or experience but if you are unsure then ask whoever you consider selecting).
Citizens Advice centres sometimes have volunteer solicitors you can make a free appointment to see. I never did this though at that time (5/6 years ago) my local Citizens Advice place did a few times a week and there was a week or two waiting list for an appointment. When I called them they did want to know about why (details) probably to make sure I justified use of their limited resource - but I never booked an appointment. But something you could try (only takes a phone call to check). They only give advice on legal issues and don't "take your case" so it's not a free solicitor service. But a Citizens Advice Centre that does this would be able to fully explain what they can and cannot do (if they can provide the service).
I suppose I only mentioned "local" as you might find neighbours and others with experiences of "local" solicitors. In my own case I could see no reason why I'd ever need to be face to face (and there are thinks like video calls is that aspect is important). So think about if you need somebody with offices you can visit (I doubt Slater & Gordon and similar would have local offices).
Ian
Re: Any advice regarding claim for life changing injuries
Posted: 7 Jan 2017, 10:34pm
by Tigerbiten
On the other hand, if the other side knows you've hired the "best" then the bar can start higher.
When I had my accident, my sisters friend who's a solicitor suggested a top firm who I was happy to go with.
It took five years to settle, but I was happy with the result.
Re: Any advice regarding claim for life changing injuries
Posted: 9 Jan 2017, 2:01am
by boris
slater gordon were very good for me a few years ago. I would not think of doing it without a proper injuries solicitor.The first offer from the other side will be half what they will expect to settle for; and in spite of the rumors of huge awards , you would not swap the award for the injuries if there was a choice.
Re: Any advice regarding claim for life changing injuries
Posted: 9 Jan 2017, 8:52am
by Vorpal
eileithyia wrote:I know it is a bit late, but if you can go back and look at all costs and expenses and create a diary of injury, pain, progress etc. These can all be added to the claim.
Also all 'nursing' care... including everything your family is doing to help with day to day leaving activities; dressing, washing, shopping, cooking, driving etc....... this is all relevant.
His employer can claim for loss of work, too, or if they've had to hire someone to fill in, they can claim those costs. If he is self employed, he can claim for both loss of income, and loss of business. But I am sure that the solicitor can help with all that.
Good luck and best wishes to your family.
Re: Any advice regarding claim for life changing injuries
Posted: 9 Jan 2017, 1:18pm
by Allene
Thank you all so much for your posts.
I've printed them off and shared them with the family. I will update the forum at a later date and hopefully be able to share our experiences.
The family have been keeping detailed diary entries of pain, panic episodes (I'm pretty sure he has PTSD and is awaiting a counselling appointment), infections along with photographs and details of expenses so they were reassured to hear that that would be relevant.
BIL was self-employed and worked generally on long term contracts. He had been due to start a new job the week after the accident and the employer has given him a letter stating as such.
I will continue to research the right injuries lawyer. Obviously the money isn't as important as his healing but I want to do my best by him. We all do.
Thanks again.
Re: Any advice regarding claim for life changing injuries
Posted: 10 Jan 2017, 6:58pm
by Johnocyprus
We all feel for you and your family. I have used Slater Walker twice and the first "solicitor" was excellent, the second was useless. I had a feeling she was useless after speaking to her early on and she was pretty clueless and needed lots of cajoling to do anything, I did not want to be prejudiced so carried on with her. On reflection I wish I'd insisted on another "solicitor".
Take your time finding the right firm to represent your BIL and keep all records, it's very easy to forget something unless proper notes are maintained.
Re: Any advice regarding claim for life changing injuries
Posted: 14 Jan 2017, 3:40am
by Valbrona
Have used Slater Gordon twice: 'Does what it says on the tin'.
I am poor. If someone waves a modest amount of cash in front of me based on the prognosis of a quack doctor who assessed my injuries, I bite their hand off and settle. Bad mistake. Better most times to defer settlement until end of recovery period and when the dust has settled so to speak, and then the claimant has a better chance of getting a fair settlement. But the temptation is there for the less well off to settle early ...
Now find my knees are well and truly jiggered up and need surgery.
Re: Any advice regarding claim for life changing injuries
Posted: 14 Jan 2017, 11:17am
by thirdcrank
Here's a recent thread which illustrates how long it can take to get the right settlement when there are serious injuries. The solicitors in this case were Slater and Gordon who hadn't taken over the previous CTC solicitors when the injuries were inflicted.
viewtopic.php?f=7&t=108657