Personal Injuries board authorisation to go to court

Runa

Hi ,
I was injured my arm in a team outing held by the employer during office hours , had a surgery and still in pain ,lodged an application through solicitor with injuries board but employer did not agreed to injuries board assessing my claim .Got an authorisation to proceed to the court .solicitor thinks that there is a case against the employer.
Need an opinion whether the case will be successfull by going to the court and what are consequences of it.
Thank you for reading my post.

Kristopherus

I'd be guided by the solicitor. Legal advice cannot be given in this forum.

Runa

Thank you khristopherus , just worried about the financial loss if i lose the case.

Steve

You are paying a legal professional for advice yet are apparently willing to ignore it based on sought advice from random people on the internet?

Think about what you are doing.

If you don't trust the solicitor, get another one.

NUTLEY BOY

Runa wrote: »

Hi ,
I was injured my arm in a team outing held by the employer during office hours , had a surgery and still in pain ,lodged an application through solicitor with injuries board but employer did not agreed to injuries board assessing my claim .Got an authorisation to proceed to the court .solicitor thinks that there is a case against the employer.
Need an opinion whether the case will be successfull by going to the court and what are consequences of it.
Thank you for reading my post.

Legal advice not allowed.

A few general observations on the relevant principles ;

The fact that the matter is going to court simply reflects that the defendant is not accepting liability for your injuries i.e. liability is being contested.

Impossible to prognosticate on whether a case will be successful or not on the information supplied. Generally, the fact that you are going to court is absolutely no guarantee of any degree of success.

You ask about consequences.

If you win you should receive an order for damages and an order for your party and party costs against the defendant(s).

If you lose you may expect a order against you for the defendant's party and party costs. Additionally, you will have to pay your own legal costs.

Party and party costs are those necessarily and directly incurred in prosecuting or defending an action. Even if you are awarded costs you may still have an additional bill from your solicitor on a solicitor and client basis. The latter would refer to costs not recoverable as a party and party item and that does not mean double billing !

Your solicitor should have sent you a letter specifically setting out an estimate of what might be involved and you should have been advised of the general risks of the proposed litigation.

Any decision on costs is actually at the discretion of the trial judge. Generally, costs follow the event. i.e. if you win the case you receive your costs.

If you win the defendants have a right of appeal.

As far as your case goes I assume you are proceeding in negligence. You need to prove four items to win ;

1. The defendant owed you a duty of care.
2. There was a breach of that duty.
3. You suffered loss and damage.
4. The defendants breach of duty was the proximate cause of your injuries.

For what it is worth I would like to see a well considered written opinion from counsel before proceeding with a case like this one.;)

Runa

Steve wrote: »

You are paying a legal professional for advice yet are apparently willing to ignore it based on sought advice from random people on the internet?

Think about what you are doing.

If you don't trust the solicitor, get another one.

Thank You Steve.

Runa

NUTLEY BOY wrote: »

Legal advice not allowed.

A few general observations on the relevant principles ;

The fact that the matter is going to court simply reflects that the defendant is not accepting liability for your injuries i.e. liability is being contested.

Impossible to prognosticate on whether a case will be successful or not on the information supplied. Generally, the fact that you are going to court is absolutely no guarantee of any degree of success.

You ask about consequences.

If you win you should receive an order for damages and an order for your party and party costs against the defendant(s).

If you lose you may expect a order against you for the defendant's party and party costs. Additionally, you will have to pay your own legal costs.

Party and party costs are those necessarily and directly incurred in prosecuting or defending an action. Even if you are awarded costs you may still have an additional bill from your solicitor on a solicitor and client basis. The latter would refer to costs not recoverable as a party and party item and that does not mean double billing !

Your solicitor should have sent you a letter specifically setting out an estimate of what might be involved and you should have been advised of the general risks of the proposed litigation.

Any decision on costs is actually at the discretion of the trial judge. Generally, costs follow the event. i.e. if you win the case you receive your costs.

If you win the defendants have a right of appeal.

As far as your case goes I assume you are proceeding in negligence. You need to prove four items to win ;

1. The defendant owed you a duty of care.
2. There was a breach of that duty.
3. You suffered loss and damage.
4. The defendants breach of duty was the proximate cause of your injuries.

For what it is worth I would like to see a well considered written opinion from counsel before proceeding with a case like this one.;)

Thank You Nutley Boy.

The_Minister

Runa wrote: »

Hi ,
I was injured my arm in a team outing held by the employer during office hours , had a surgery and still in pain ,lodged an application through solicitor with injuries board but employer did not agreed to injuries board assessing my claim .Got an authorisation to proceed to the court .solicitor thinks that there is a case against the employer.
Need an opinion whether the case will be successfull by going to the court and what are consequences of it.
Thank you for reading my post.

Hey Runa, obviously, as stated, we can't give you an opinion, but it may comfort you to know that a barrister will draft the pleadings and will review the case before it is issued, so a second legal expert will have reviewed the paper before you are put at risk of costs.

Runa

The_Minister wrote: »

Hey Runa, obviously, as stated, we can't give you an opinion, but it may comfort you to know that a barrister will draft the pleadings and will review the case before it is issued, so a second legal expert will have reviewed the paper before you are put at risk of costs.

Thank You The_Minister.