No Win, No Fee

[Higham1987]

Have any you guys had any dealing with Solicitors on a No Win No Fee basis ?

Had an incident at work a few weeks ago and will be putting a claim in.

I've done it once before (about 10yr ago) and it was partly my fault, so it was knocked on the head.

[emmcee]

I think these solicitors only take on claims they know or pretty much know will win. So if they say no I'd say you've got little chance elsewhere.  

[Higham1987]

31 minutes ago, emmcee said:

I think these solicitors only take on claims they know or pretty much know will win. So if they say no I'd say you've got little chance elsewhere.  

I've not started this 1 yet, but at work 3 weeks ago I had a Needle Stick Incident......In a FOOD Manufacturing Site.....hand balling recyclable Plastic waste by hand.

[B B]

Highy what’s a needle stick mate… splinter ?. Were you wearing gloves ?

 

[jh92]

10 minutes ago, B B said:

Highy what’s a needle stick mate… splinter ?. Were you wearing gloves ?

 

A syringe/needle puncturing the skin I think mate

[B B]

19 minutes ago, jh92 said:

A syringe/needle puncturing the skin I think mate

Aww I see… I hope it didn’t 

I had a contract in the past to paint 3 student houses, first thing I would do is have a look behind the cushions of the settees to feel about and you’ll find dosh and pens you get the idea ….that all stopped when I found a used syringe 😳

[Higham1987]

38 minutes ago, B B said:

Highy what’s a needle stick mate… splinter ?. Were you wearing gloves ?

 

When I Needle pierces your skin from an Unknown source...

27 minutes ago, jh92 said:

A syringe/needle puncturing the skin I think mate

That's the 1.

1 minute ago, B B said:

Aww I see… I hope it didn’t 

I had a contract in the past to paint 3 student houses, first thing I would do is have a look behind the cushions of the settees to feel about and you’ll find dosh and pens you get the idea ….that all stopped when I found a used syringe 😳

It was 1 of them 1 in a million things, I was handalling recycable plastic from a dolav into a baler, and it was in the plastic and not in a Sharps bin....

Had to go AnE, Tetnis, Hep B injection, 2 lots bloods taken and anti HIV meds for 30 days, then another Hep B injection each month for next 3 months, 2 more bloods after 6 months then get my results.

There was not 1% wrong on my end and someone in the Factory hasn't followed Sharps procedure. 

BIG investigation going on.

[framey]

3 minutes ago, Higham1987 said:

When I Needle pierces your skin from an Unknown source...

That's the 1.

It was 1 of them 1 in a million things, I was handalling recycable plastic from a dolav into a baler, and it was in the plastic and not in a Sharps bin....

Had to go AnE, Tetnis, Hep B injection, 2 lots bloods taken and anti HIV meds for 30 days, then another Hep B injection each month for next 3 months, 2 more bloods after 6 months then get my results.

There was not 1% wrong on my end and someone in the Factory hasn't followed Sharps procedure. 

BIG investigation going on.

Sounds like a win for you 

IF 

you decide to go down that route.

they do take a minimum 25% these no win no fee people out of your claim

https://www.councilclaims.co.uk/needlestick-injury-claims/#:~:text=You might be entitled to the following compensation amounts%3A,to the hands or fingers

Edited April 15 by framey

[Higham1987]

10 minutes ago, framey said:

Sounds like a win for you 

IF 

you decide to go down that route.

they do take a minimum 25% these no win no fee people out of your claim

https://www.councilclaims.co.uk/needlestick-injury-claims/#:~:text=You might be entitled to the following compensation amounts%3A,to the hands or fingers

https://www.thompsons.law/services/accidents-at-work-claims/needlestick-injury-claims

Found these, but gonna have a proppa look during week, got 3yrs, but only been 3 weeks since the incident.

[emmcee]

I would think the results of the blood tests would be needed first.  You could go ahead now and say get X amount for having the needle puncture your hand but if the results come back with something (which I hope they don't of course) then your payout will be considerably more and you probably can't sue them twice for the same thing. 

[Higham1987]

37 minutes ago, emmcee said:

I would think the results of the blood tests would be needed first.  You could go ahead now and say get X amount for having the needle puncture your hand but if the results come back with something (which I hope they don't of course) then your payout will be considerably more and you probably can't sue them twice for the same thing. 

I have to wait 6months between both blood tests (September) for the results. The company I have found take 20% of settlements, i could be compensated £4k+ from them, that's just off a quick phone call, but with Doctors Notes, Statements, Records, and other factors it could be £7k+, but like you say.....is it worth waiting 6 months 🤔

[framey]

I think if you have the proof in writing from the hospital and emails from work etc

then you can afford to wait the 6 months rather than settle now.

 

remember it would be a full and final settlement figure if you took it now and wouldn’t be allowed to do another claim in the future for this injury if it turned out to be worse than previously thought.

Edited April 16 by framey

[Higham1987]

1 minute ago, framey said:

I think if you have the proof in writing from the hospital and emails from work etc

then you can afford to wait the 6 months rather than settle now.

 

remember it would be a full and final settlement figure if you took it now and wouldn’t be allowed to do another claim in the future for this injury if it turned out to be worse than previously thought.

I've got the ball rolling thus morning 😑😑😑

Filled in a 3-4 page document of questions, attached photos, Statements, medical forms I've access to from.my online GP, Hospital Documents and medication, work report.....but as I'm a Contarctor for the Manufacturer it's against them and not my employer.

They said on the phone it can take upto 6 months regardless of blood results, but they are working on the outcome of worst scenario. 

[Carpbell3]

No win no fee are useless for the most part and be very careful on court fees if it goes that far, I'd first check if you can get legal aid for court fees, even if you can't get legal aid for solicitors fees, you might still get court fees paid, you can check on line, at help with court fees .gov.

After that I would pay for one hours consultation with a legal firm that works that area of law, if they can tell you the relevant laws which you need to use and if it is easy to make the claim yourself, might need another hours fee to draw up paperwork which would be called a letter of claim explaining why you think they are at fault and the laws they are in breach of, and a rough financial amount at the upper end of what is acceptable for the injury.

If they ignore that you would need to go to the money claims online, which is a country court and start you case for a CCJ on the laws you claim the defendant breached in error.

That costs about 500 for a small claims court.

[Higham1987]

5 minutes ago, Carpbell3 said:

No win no fee are useless for the most part and be very careful on court fees if it goes that far, I'd first check if you can get legal aid for court fees, even if you can't get legal aid for solicitors fees, you might still get court fees paid, you can check on line, at help with court fees .gov.

After that I would pay for one hours consultation with a legal firm that works that area of law, if they can tell you the relevant laws which you need to use and if it is easy to make the claim yourself, might need another hours fee to draw up paperwork which would be called a letter of claim explaining why you think they are at fault and the laws they are in breach of, and a rough financial amount at the upper end of what is acceptable for the injury.

If they ignore that you would need to go to the money claims online, which is a country court and start you case for a CCJ on the laws you claim the defendant breached in error.

That costs about 500 for a small claims court.

I've spoken too a local legal aid and also union, they say all good so far.

We ran through a letter that has been drafted today and the company has 8 weeks to reply.

[dayvid]

I thought "No win No fee "was exactly that no win and you pay no fees.

But ,if you won then you get all the compensation, ect, and they get all there fees back via the other party and not you.

At least that how i thought it worked

[Higham1987]

18 minutes ago, dayvid said:

I thought "No win No fee "was exactly that no win and you pay no fees.

But ,if you won then you get all the compensation, ect, and they get all there fees back via the other party and not you.

At least that how i thought it worked

Yep, exactly....daft as it sounds, that what I asked first before we proceeded.

If they think its a case they'll win they take on and recoupe no more than 25% of your compensation.

[Carpbell3]

The courts really don't like people taking cases to a court without a solicitor they hate LIPs the case I'm taking has been kicked out four times and I put it back in four times, finally got a hearing date, all based on consumer credit law. 

What they don't like is if I win my case I will be one of the very few that took a bank to court and won meaning future case law for similar matters will have my case as a referral a LIP

[Carpbell3]

The costs so far are around 3000 pounds that is just court costs, solicitors fees would be similar, the barrister consultation was 900, I got that at cost.

As I'm taking a bank to court on CC law for a amount less than 10,000 a legal firm won't touch it as the other side has three different legal firms working on it with the intention of running costs up above what the claim is worth and it is a very detailed bit of law, cheeky head lawyer for the defence said the court should kick the case as I'm not legally trained and wouldn't be able to prosecute the case,  yeah... I now have my hearing date in a upper court and I'm proper winging it, lol.

[Higham1987]

I've been updated with my solicitor.

Claim has been put into the Defendant to there Main Head Office, due to me having to wait 6months for any result's, the claim has been put in for 6months wages, they take no more than 25%, there won't be a penny out of my pocket (written into contract)...8 weeks to reply.

[Higham1987]

The Company/Factory have now accepted liability, but there insurance have asked to look at the investigation.

They have (unofficially) asked if I would take "A few Thousand" to not go through proceedings....errrrm NOPE.

So Far.......Solicitors are negotiating for 6months salary (£13,200) they take 25% of final settlement (£3,000)....so could be a good final figure for myself 🤞🤞🤞🤞

I've had numerous meetings with the Managers, all stating how unprofessional the situation has been, now just need bloods again in September and wait for results.

[yonny]

1 hour ago, Higham1987 said:

now just need bloods again in September and wait for results.

What happens if the bloods come back clear mate? I'd expect this would have a big influence on the value of the claim?

Worth asking the question. The few thousand they've offered might exceed the value of a clean blood pay-off.

[Higham1987]

32 minutes ago, yonny said:

What happens if the bloods come back clear mate? I'd expect this would have a big influence on the value of the claim?

Worth asking the question. The few thousand they've offered might exceed the value of a clean blood pay-off.

The Few Thousand was spoken about/to with my Director of the Company (about 3k) but solicitors are saying regardless of the outcome of results, besides dying, this could be a life threatening situation for the duration of what remains of me living, but all in all the Factory has never in its entire history has ever come across this situation and are still trying to implement procedures/risk assessments/studys on how they hope it will never happen again....

We're the needle came from, is practically un heard of being used and needles should only be used in our Oc Health department when giving out yearly vaccines at work, so I think (still as of today) they are still trying to implement all of the above for hoping nothing like this can happen again, but people.who know at work like Magaers and Top Bosses are all practically on my side, even the Factory Manager....

[yonny]

10 minutes ago, Higham1987 said:

solicitors are saying regardless of the outcome of results, besides dying, this could be a life threatening situation for the duration of what remains of me living

Not sure I understand mate.... Regardless of results this could be life threatening? Isn't that what the results will tell you?

My brother was in an accident maybe 20 years ago and there were complications with his recovery. He was offered something like £10k as a settlement but held out for a much bigger pay-off based on test results. The test results came back, not what my bro expected, and he ended up with £6k. I'd hate to see the same thing happen to you.

I would just make sure you fully understand the impact of a clear blood result mate. I am no expert but in my experience pay-offs are valued in actual damages rather than what could have happened.

[Higham1987]

Well, the Blood Tests are back and glad to say everything was Normal, no further Medical Action to be taken.

It's actually 6months to the day, the incident happened.

Now, it's just a case of settling the Claim with my Solicitors.