Solicitors

[CN211276]

This might be of interest to DQ.

I am very p…….d off with solicitors. Nearly three years ago I fractured my foot after stepping on a protruding rivet at the grandstand of a racecourse. I took the matter up with Accidents Direct, on a no win no fee basis, who advised that as the injury was relatively minor the racecourse owner was likely to settle out side court and the amount would be covered by their insurance. I provided the required photographic evidence of how the injury was sustained, which they were content with. The hospital medical records, which the solicitor mislaid, were consistent with the injury I sustained. Moreover, the racecourse inspectors report, which I obtained, had referred to the protruding rivets as an area of concern.

Some months later I received a letter from the solicitor they appointed saying that my claim was being contested by the racecourse owner. They enclosed a lengthy defence schedule and asked for my comments. What absolutely astonished me was that the schedule said I suffered severe head and shoulder injuries which required surgery! The wally solicitor had grossly exaggerated the extent of my injury without even consulting me before presenting the case! Needless to say, my case fell through because of the debacle.

I referred the matter to the Legal Ombudsman who concluded that the solicitor had been negligent. I received £200 compensation, which is apparently the maximum the Ombudsman can enforce, and the Law Society was notified of the negligence.

I subsequently contacted another solicitor who agreed to take a professional negligence claim up with the previous solicitor on a no win no fee arrangement. This morning I have been advised that I have no case following a report from a barrister. The advice is that although the solicitor was obviously negligent, I did not suffer financial loss as I received sick pay which covered my earnings. The fact that I incurred pain, was hobbling about with a walking stick and had to wear a special shoe for a month was not relevant. This was a gross inconvenience, especially on a holiday in Rome we had booked prior to the accident.

I am not happy.

[Daniel Quinn]

What a debacle from the 1st solicitor .

However , the second solicitors firm appears to be an economical rationale decision .

A months injury is not worth a significant amount of money , say £1500 to £2500 { best guess without a medical report upon the term fractured foot } . Loss of enjoyment of a holiday will also not attract a great deal of compo . Finally , in a professional negligence claim you are claiming for the loss of opportunity to recover what your claim is worth .

thus if liability is denied , you haven't actually lost any money , you have been denied the opportunity to win your claim through negotiation or at trial. How much that loss of opportunity is worth will be dependant on the courts assessment of the prospect of your claim succeeding had it not been cocked up.

Thus for example , if your claim is worth 1 million and a solicitors cocks it up , but your claim never had any chance of being successful , the compo for the cock up would be nil.

If this was me , I would value your claim at £3500 , and ask for £1750 , based on the liability dispute being 50/50. I do however have no facts as to the liability and it may be that your new solicitors have come to their conclusion upon the claim not having any success .

[antonio66]

Free advice from a solicitor, DQ proving they're not all money grabbing so and so's. I have always thought many of these 'No win - No fee' offers are not all they are cracked up to be.

[Dr Bunsen Honeydew]

Its pot luck if you get a good solicitor. Remember DQ is a communist solicitor with socialist principles he is highly unlikely to rip you off (unless a politician ).

[CN211276]

I had no say in the choice of solicitors after contacting Accidents Direct. Had the first solicitor not cocked up I think I would have got an out of court settlement of between £1,000 - £1,500. The photographic evidence, medical evidence and the racecourse inspectors report would have been sufficient. Because my injuries were described as being very serious, the racecourse owners must have been very worried. Their solicitors provided a very thorough defence which probably cost them as much as an out of court settlement.

The second solicitor tried to get an out of court settlement of £2,000, with me receiving less than half. When it was contested they had to wait a long time for the barristers report.