No win no fee solicitors Scotland

frank

frank

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Anyone used a no win no fee claims company before?

Wife had a accident today walking into a hotel (not one of the big chain ones) to attend her slimming world class. She tripped on a scabby bit carpet at the entrance that was worn and curled up, she didn't notice it. Result was she fell forward while carrying a poly bag in each hand with a few groceries in them. She ended up with a broken wrist and abrasions on her nose and face as well as a bloody nose. She is 63 yrs old and this is the first time she has had such a accident. Arm is now in plaster.

We are considering making a claim for pain and suffering, she is retired so really no loss of earnings, her hobby sewing and making patterned quilts is now on hold for several weeks.
Fortunately the lady running the slimming class took photos of the offending carpet and a photo of the incident report she submitted to the hotel management and is going to forward them to us.
We have been married 45 yrs and never had to think about something like this.

Would we be in with a chance of a successful claim ?
 
I have no experience in this, but am curious as to how you put a value on "pain and suffering".
 
I don't know how you put a value on pain & suffering as you say Ricardoforce,, as I have no experience in this either he nce me asking the question. First time in our life we have thought about this subject ,
 
I can't recommend anyone but I recommend perhaps visiting citizens advice (if you have that in Scotland?) or do you have legal advice attached to your home insurance as they could advise too. Hope she gets well soon.
 
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A long time back I took the Local Council [ Scotland ] to the Small Claims court and won

A pavement on a steep slope had not been gritted and the hand rail was broken [ had been reported some good few weeks before ].

I claimed for the replacement of my coat - Council tried very hard to fight this , Judgement given to me as I had claimed a very fair sum for the replacement as I could produce the evidence. I did not claim for injuries , pain or suffering , but my coat was ruined by the friction between me and the ground.

I handled the case myself and sat with Lawyers once the case was called. Council Lawyer was a GIT and the 2 guys sitting , on on each side of me, were quietly egging me on.Not a word was said by them but the occasional finger went down on my papers to show me to emphasis a point.
 
ecoleman said:
I'm really sorry for you wife's fall, but I personally can't stand the claim culture in this country.

Sometimes people need to take responsibility for their own actions.
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Yes - the world is full of tripping hazards. We would all be falling over in every street etc. if we did not look where we put our feet.
 
frank said:
Wife had a accident today walking into a hotel
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Sorry to hear that Frank, I hope she makes a speedy recovery with no lasting effects :thumbs:


Ricardodaforce said:
but am curious as to how you put a value on "pain and suffering".
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The lawyers and Drs sort that out, Many years ago ( 30 odd) I had a serious motorbike accident, the compensation was broken down into various sections,
some for loss of earnings, projected loss of earnings, pain, suffering, and various other things that I've forgotten now.

Although everyone is different, they have ( had) "standard prices " for injuries.
Unless its changed over the years, of course.
But that was all done though the motoring insurance, not a no win no fee lawyer.
 
Have you tried to resolve this with the hotel company first? Might be worth a go before going legal.
 
Re - "Sometimes people need to take responsibility for their own actions."

Absolutely, the venue should take responsibility for poor maintenance, leaving a trip hazard inside a main entrance. Not to mention what that says about the maintenance in the rest of the place.
 
Steep said:
Re - "Sometimes people need to take responsibility for their own actions."

Absolutely, the venue should take responsibility for poor maintenance, leaving a trip hazard inside a main entrance. Not to mention what that says about the maintenance in the rest of the place.
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It could have just happened. They may not have been made aware of it yet.
 
frank said:
Anyone used a no win no fee claims company before?
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Do not go with No Win No Fee - that's strictly for chancers. Either check your home insurance for legal assistance cover or find a decent local solicitor and ask their advice. If it's the latter get a free 30min initial consultation to tell them what happened and ask them to quote including an opinion as to the likely outcome.

Incidentally the accident and resulting injury were reportable under RIDDOR by the hotel, but only if they were aware of the fracture.
 
ecoleman said:
It could have just happened. They may not have been made aware of it yet.
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A well worn curled up frayed at the edges carpet does not "just happen", entrances/exits should be trip free zones, inspections by management or staff should be a routine practice for a hotel.
I've since had a look on TripAdvisor on this hotel and by the sound of the reviews by disappointed guests it doesn't surprise me that health and safety is very low on the owners priority list.
 
Avoid those no win no fee solicitors, it will cost you a large chuck of any money you do get, they take their fees.
A friend's husband almost died following an accident at work, is still disabled from it, nearly 2 years later they will eventually
get a total amount of around £30,000, after all the costs have been taken out.
 
frank said:
.....
I've since had a look on TripAdvisor on this hotel and by the sound of the reviews by disappointed guests it doesn't surprise me that health and safety is very low on the owners priority list.
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Trip advisor :LOL:


Edit to add. Hope she recovers quickly (y) & not laughing at the actual incident. ;)
 
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They will/may argue that if she was a regular visit to the hotel for the slimming class and did not trip before, the carpet fault had recently happened, soon enough not to have been reported or not enough time to rectify, or if had been like that a while she should have noticed it before and taken reasonable care?
No win no win shysters can charge up 50% of any win, beware.
 
if the carpet was in a poor condition and not correcttly fixed then they are at fault, yes get a claim in.
 
A update to their attitude or at least the manageess's. The accident happened about 3.20 pm, on Wednesday afternoon, manageress was informed minutes later by slimming world class reps. Manageress said were told " my shift is finished for today" and never attended the accident and went away home, no other hotel staff attended the scene either. On trying to contact the managaress the if foeign guy on reception only knew her Christian name but not surname...strange.
Tried all the following day to contact her, eventually answered 8 in the evening. 's
She was straight on the defensive claiming she was not responsible even with the title of manager, asked to supply the owner/proprieters name so I could continue talk with him only to be told he is overseas at the moment, no way to contact him and she wouldn't give a surname yet still she claims as manageress of the hotel she is not responsible for day to day running. I said I would go round and speak to them personally, decided against it cos I'll do something I regret. I have photos of carpet and accident report submitted by slimming world staff.

A bit good news from my grandson who works in a forensic accountant office, he asked his boss for advice. His boss went one better and supplied the name of a reputable lawyer who said he would take the case on with no fees to us as a favour to grandsons boss. That is the road we are taking now, it's been 4 days since the accident and the hotel has not once been in touch to enquire how my wife is despite them knowing the extent of her injuries plus the wee heart scare with very low heart rate and blood pressure problem, she was kept in for hours after bone reset and cast.

Eff them,even if the wife gets nothing it don't matter.HSE gets involved tomorrow. YES I'm p!ssed of with them. Turns out this manageress worked for the company I worked with before retiring, she wasn't very bright and got sacked
 
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The HSE do not enforce health and safety in hotels, you need to speak to the local authority environmental health department.
 
You need to speak to your local rag and get your best 'compo face' on.
And I trust your Trip Advisor review is suitably scathing?
 
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