Compensation

Cluiche iascairi · 11-11-2015 2:48pm #1

Hello there, just wondering if anyone can advise me. I was a passenger in a car crash last week and have sustained injuries which have caused me to lose my job. I am thinking of looking for compensation and just wondering if any solicitors will help me or do I have to go to one that specialises in this type of thing? How soon should I enquire about this? And how much can I expect to be charged. Thank you in advance for any advice.

aujopimur · 11-11-2015 3:55pm

Where are you?.

ice.cube · 11-11-2015 4:14pm

Hope your injuries arent too serious. Have you been to hospital or a doctor about your injuries yet? That would be the first port of call.

schemingbohemia · 11-11-2015 4:16pm

Cluiche iascairi wrote: »

Hello there, just wondering if anyone can advise me. I was a passenger in a car crash last week and have sustained injuries which have caused me to lose my job. I am thinking of looking for compensation and just wondering if any solicitors will help me or do I have to go to one that specialises in this type of thing? How soon should I enquire about this? And how much can I expect to be charged. Thank you in advance for any advice.

So this happened last week and you've lost your job already? Really?

Little CuChulainn · 11-11-2015 4:20pm

Must have been a pretty catastrophic crash for the job to be lost already. Doesn't sound like the kind of injury the injuries board will handle. Any solicitor will be able to handle the matter.

Mr. Incognito · 11-11-2015 4:50pm

Go see a doctor.

Then, and only then

Go see a solicitor.

Cluiche iascairi · 11-11-2015 5:17pm

Yes obviously I have seen a doctor, I got an ambulance away from the crash. I have broken both my legs and will not be able to walk for at least three months. I have also damaged some neck muscles but they seem to be getting better already. I was employed on a monthly contract so employers told me they cannot renew.

Cluiche iascairi · 11-11-2015 5:19pm

Sorry I posted here I was looking for some simple advice not smart ass comments.

11-11-2015 5:24pm

Cluiche iascairi wrote: »

Sorry I posted here I was looking for some simple advice not smart ass comments.

Ignore them. Get to a solicitor asap. If you don't know one, ring your local Citizens Advice centre and get a recommendation from them. You could just google ones in your area. This will be a long drawn out process, as you still have a long road to recovery ahead. Good Luck

punisher5112 · 11-11-2015 5:29pm

Hi op sorry to hear about your troubles.

Pm if you need a solicitor I can recommend a good one

Cluiche iascairi · 11-11-2015 5:39pm

[Deleted User] wrote: »

Ignore them. Get to a solicitor asap. If you don't know one, ring your local Citizens Advice centre and get a recommendation from them. You could just google ones in your area. This will be a long drawn out process, as you still have a long road to recovery ahead. Good Luck

Thank you Maryanne. That was basically all I wanted to know, if any normal solicitor would deal with this or if I had to ring one of those silly adverts on the television. I cannot afford a solicitor so I asked on here before I get landed with another big fee. This will put enormous stress on my family being so close to Christmas.

Tasden · 11-11-2015 6:08pm

[Deleted User] wrote: »

Ignore them. Get to a solicitor asap. If you don't know one, ring your local Citizens Advice centre and get a recommendation from them. You could just google ones in your area. This will be a long drawn out process, as you still have a long road to recovery ahead. Good Luck

Citizens Information can't give recommendations for private solicitors. They do have FLAC solicitors that can give you legal advice for free but they can't represent you. So maybe you could make an appointment to see what your next step should be. Or they can give a list of local solicitors in the area but won't recommend one over the other.

Cluiche iascairi · 11-11-2015 6:13pm

Tasden wrote: »

Citizens Information can't give recommendations for private solicitors. They do have FLAC solicitors that can give you legal advice for free but they can't represent you. So maybe you could make an appointment to see what your next step should be. Or they can give a list of local solicitors in the area but won't recommend one over the other.

It's ok, there is plenty solicitors in my town. As I said, I just wasn't sure if a normal solicitor does this sort of thing.

aaakev · 11-11-2015 6:13pm

Any solictor should take the case on a no win no fee basis and not look for a penny off you, their payment should come from the settlement. If you would like a second recommendation feel free to PM me.

Tasden · 11-11-2015 6:41pm

Cluiche iascairi wrote: »

It's ok, there is plenty solicitors in my town. As I said, I just wasn't sure if a normal solicitor does this sort of thing.

All the best,hope you feel better soon either way

Mr. Incognito · 11-11-2015 8:32pm

aaakev wrote: »

Any solictor should take the case on a no win no fee basis and not look for a penny off you, their payment should come from the settlement. If you would like a second recommendation feel free to PM me.

This is dangerous advice. Advertising no foal no fee is illegal and anyone doing this is dodgy. You dont want dodgy solicitors representing you.

Secondly you will always be liable to costs like expert reports etc which dont come out fees even if you win.

Cluiche iascairi · 11-11-2015 9:35pm

Mr. Incognito wrote: »

This is dangerous advice. Advertising no foal no fee is illegal and anyone doing this is dodgy. You dont want dodgy solicitors representing you.

Secondly you will always be liable to costs like expert reports etc which dont come out fees even if you win.

No win no fee is illegal? I see adverts advertising this every 10 minutes on my television. Well I will ask my solicitor if he thinks I have a chance at getting compensated before he goes ahead and applies for it? I am not looking to get rich I just think I should be compensated for loss of earnings as me out of work is going to make Christmas very difficult. The driver was completely at fault, driving erratically and also found out later that he had drink taken earlier in the day.
What expert reports would I need to get? I got nothing off the guardai or hospital. How much will this likely cost me? If this end with me losing out on money, then I don't think I will bother.

Mr. Incognito · 11-11-2015 9:55pm

Cluiche iascairi wrote: »

No win no fee is illegal? I see adverts advertising this every 10 minutes on my television. Well I will ask my solicitor if he thinks I have a chance at getting compensated before he goes ahead and applies for it? I am not looking to get rich I just think I should be compensated for loss of earnings as me out of work is going to make Christmas very difficult. The driver was completely at fault, driving erratically and also found out later that he had drink taken earlier in the day.
What expert reports would I need to get? I got nothing off the guardai or hospital. How much will this likely cost me? If this end with me losing out on money, then I don't think I will bother.

If you are successful you will get X. From X you will have to pay the cost of expert reports etc. Legal costs will come out of costs if you win.

No fee no foal arrangements are not illegal but advertising them is.

Approach reputable solicitors and see if they will facilitate carrying the costs until you get an award if any. Litigation is always uncertain by its nature.

Cluiche iascairi · 11-11-2015 9:57pm

Mr. Incognito wrote: »

If you are successful you will get X. From X you will have to pay the cost of expert reports etc. Legal costs will come out of costs if you win.

No fee no foal arrangements are not illegal but advertising them is.

Approach reputable solicitors and see if they will facilitate carrying the costs until you get an award if any. Litigation is always uncertain by its nature.

Ok, thanks for the heads up. I will visit a solicitor as soon as im well enough to get out of the house.

salamanca22 · 11-11-2015 10:04pm

aaakev wrote: »

Any solictor should take the case on a no win no fee basis and not look for a penny off you, their payment should come from the settlement. If you would like a second recommendation feel free to PM me.

As has already been said solicitors cannot advertise no foal no fee, however they can offer then in consultation but that is just for their fees. If you were to lose the case you would owe any costs for reports and other costs.

Also, you will have solicitors fees if you win your case even. You will have to pay for your solicitor up to the PIAB phase. From there on the costs can be recovered from the other side.

In my case, 4 years ago I owed 3.5k which was taken from my award.

Cluiche iascairi · 11-11-2015 10:17pm

salamanca22 wrote: »

As has already been said solicitors cannot advertise no foal no fee, however they can offer then in consultation but that is just for their fees. If you were to lose the case you would owe any costs for reports and other costs.

Also, you will have solicitors fees if you win your case even. You will have to pay for your solicitor up to the PIAB phase. From there on the costs can be recovered from the other side.

In my case, 4 years ago I owed 3.5k which was taken from my award.

This is all starting to turn me off it now. If don't get any compensation I certainly won't be able to pay all those fees.

Would my solicitor have a good idea if I will win or not before actually going ahead with it?

salamanca22 · 11-11-2015 10:20pm

Cluiche iascairi wrote: »

This is all starting to turn me off it now. If don't get any compensation I certainly won't be able to pay all those fees.

Would my solicitor have a good idea if I will win or not before actually going ahead with it?

Yes, a solicitor will know with a certain degree of certainty from experience if your case is worth taking on.

You have had two broken legs from what I assume is not your fault. It won't hurt to talk to a solicitor.

You can also do it all yourself for free, be aware though you will be doing this blind and without the expertise of a solicitor who will have done this many times before and will know if you are being low balled.

http://www.injuriesboard.ie/eng/Forms-Guidelines/

biko · 11-11-2015 10:22pm

If I'm not mistaken you can claim against the insurance of the person that hit you.
A solicitor will know for sure.

Cluiche iascairi · 11-11-2015 10:39pm

biko wrote: »

If I'm not mistaken you can claim against the insurance of the person that hit you.
A solicitor will know for sure.

I'm not sure I can, although he has insurance I found out he was after having a few drinks earlier in the day. He was arrested for drink driving after I left in the ambulance. As far as I know, you are not insured if under the influence? Yes, completely his fault. Driving like a maniac. I had asked him several times to slow down. The gaurds knew he was driving like an idiot because it was a straight road and conditions were good.

markc2951 · 11-11-2015 10:45pm

Talk to a solicitor and they will know if you have a case and them pay from the compensation..I know one who slipped in lidl and got 10 grand 4 of which was fees so compensation was 6k..

ohnonotgmail · 11-11-2015 10:46pm

Cluiche iascairi wrote: »

I'm not sure I can, although he has insurance I found out he was after having a few drinks earlier in the day. He was arrested for drink driving after I left in the ambulance. As far as I know, you are not insured if under the influence? Yes, completely his fault. Driving like a maniac. I had asked him several times to slow down. The gaurds knew he was driving like an idiot because it was a straight road and conditions were good.

His state of intoxication would not affect the validity of the third-party portion of his insurance.

TitianGerm · 11-11-2015 10:55pm

Cluiche iascairi wrote: »

I'm not sure I can, although he has insurance I found out he was after having a few drinks earlier in the day. He was arrested for drink driving after I left in the ambulance. As far as I know, you are not insured if under the influence? Yes, completely his fault. Driving like a maniac. I had asked him several times to slow down. The gaurds knew he was driving like an idiot because it was a straight road and conditions were good.

You were a passenger in his car? Is it a friend ?

salamanca22 · 11-11-2015 10:56pm

Cluiche iascairi wrote: »

I'm not sure I can, although he has insurance I found out he was after having a few drinks earlier in the day. He was arrested for drink driving after I left in the ambulance. As far as I know, you are not insured if under the influence? Yes, completely his fault. Driving like a maniac. I had asked him several times to slow down. The gaurds knew he was driving like an idiot because it was a straight road and conditions were good.

By law all insurers have to pay out valid third party claims regardless of anything else.

Fred Swanson · 11-11-2015 11:17pm

This post has been deleted.

Cluiche iascairi · 11-11-2015 11:20pm

No not a friend, but my friends brother. He was also a passenger in the car but was unhurt as most of the damage was to the rear of the vehicle. Does this make a difference?

Fred Swanson · 11-11-2015 11:25pm

This post has been deleted.

TitianGerm · 12-11-2015 8:12am

Cluiche iascairi wrote: »

No not a friend, but my friends brother. He was also a passenger in the car but was unhurt as most of the damage was to the rear of the vehicle. Does this make a difference?

I wouldn't say so. I was just wondering how a friend could endanger his own friends lives like that.

As the above advice I'd contact a solicitor, explain your situation and I'm sure one could arrange a house call for you.

I'd also get the drivers insurance details now and have them on hand.

Graham · 12-11-2015 8:47am

Cluiche iascairi wrote: »

I'm not sure I can, although he has insurance I found out he was after having a few drinks earlier in the day. He was arrested for drink driving after I left in the ambulance. As far as I know, you are not insured if under the influence? Yes, completely his fault. Driving like a maniac. I had asked him several times to slow down. The gaurds knew he was driving like an idiot because it was a straight road and conditions were good.

I wouldn't wait to talk to a solicitor, make a couple of phone calls if you're still incapacitated. Any decent solicitor will quickly tell you if they're comfortable with personal injury/compensation cases, if they're not there's a good chance they will be able to refer you to someone else.

The first consultation/discussion is usually free of charge (ask to be sure). I would expect the solicitor to talk you through your options during this consultation and give you an idea of the costs involved. Tell the solicitor that you're worried about the costs and being able to fund a case prior to any potential award of compensation.

Best of luck.

aaakev · 12-11-2015 1:27pm

Mr. Incognito wrote: »

This is dangerous advice. Advertising no foal no fee is illegal and anyone doing this is dodgy. You dont want dodgy solicitors representing you.

Secondly you will always be liable to costs like expert reports etc which dont come out fees even if you win.

I never said anything about advertising this, apologies if i came across wrong.

Mr. Incognito wrote: »

If you are successful you will get X. From X you will have to pay the cost of expert reports etc. Legal costs will come out of costs if you win.

No fee no foal arrangements are not illegal but advertising them is.

Approach reputable solicitors and see if they will facilitate carrying the costs until you get an award if any. Litigation is always uncertain by its nature.

This is what my solicitor offered me from the get go after our first meeting as it was a clear cut case. I never handed out a penny, their costs and fee were deducted from my settlement and he agreed there would be zero cost to me if we were unsuccessful.

Compensation

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