The proposed changes to the current ‘no win no fee’ legislation have been in the news recently. The Government has been attacking personal injury solicitors for pursuing claims on behalf of their clients, without explaining that these officers of the court are the last line of defence for many innocent victims.

I was recently interviewed by Julia Hartley-Brewer from LBC about the Government’s position. It was great to be interviewed and after some insightful questions Julia came to the conclusion that ‘personal injury solicitors are on the good side, looking after the interests of the people who have genuine injuries.’

To listen, click the green arrow below:

http://www.goodgelaw.com/wp-content/uploads/2012/01/goodge-law-lbc.mp3

A big thanks to Julia and LBC for the interview.

I highly recommend that any business makes sure they have public liability insurance to cover them against personal injury or other claims. A few years ago I worked on a case involving an activity farm. The whole site was insured except for a barn which the insurers deemed unsafe. The owners were told if they made the recommended changes the insurers would include the barn on the policy.

Unfortunately, the owners did not make the required changes but still allowed visitors to use the building. Subsequently, my client, an 8 year old boy, jumped down from some hay bales – into some straw. However, the was only a thin layer of straw with concrete below and my client broke his leg.

I contacted the insurers who explained their policy didn’t cover barn. I then contacted the farm owners who instructed solicitors and after quite a fight and several conversations later we came to an agreement.

As my client was under the age of 18 (known as a minor), the law says that approval of the Court is required before the case can be settled. This agreement was taken to court. When a minor is involved a judge will look at case and they will determine whether the award is fair. If it is too little both parties will go away and attempt to re-negotiate the agreement. I discussed the matter with the farm’s solicitors and we agreed compensation which the judge approved.

At this point, and despite the court order, the farm owners said they couldn’t pay. They asked if my clients would wait until the summer when their cash flow would be improved and they would have sufficient funds. I always try to be reasonable in these situations and my client agreed to wait but after several months the owners still hadn’t paid so the court bailiff went and removed their walking and movable assets which in their case was farm machinery and livestock.

At this point the farm paid their bill of several thousand pounds which included the compensation and my costs. I was glad to win the case but really, this whole situation shouldn’t have arisen in the first place. The farm should have made sure their premises were safe and insured right at the beginning. This would have meant they would have been covered against any accident claim under their public liability insurance – but most importantly, it would have meant that my client wasn’t injured in the first place.

If you have had an accident and think you have a claim please contact me. I am a personal injury solicitor and work on a no win, no fee basis and will be available to discuss the details of your claim – so please phone me on 020 7636 9222 or email me at: mike@goodgelaw.com

In my personal injury law practice, trips and slips on pavements are some of the most common types of injury claim. Like my last blog, it’s important that as you take the relevant steps in preparing the groundwork to make sure that your personal injury claim has the best chance of being successful.

However minor the injury, you should always seek medical assistance not only so the doctor can help you, but also so your injury will be kept on record.

It sounds obvious but you should keep all expenses that you incur such as prescription costs, travel expenses and all types of receipts. I am often amazed when a client submits a list of expenses which often runs in the hundreds and sometimes thousands of pounds but who has failed to keep all his receipts. I advise all my clients to keep these receipts in a large envelope and only worry about sorting it out when it needs to be sent to me.

Regardless of whether you think you have a personal injury claim or not, take some good quality digital photographs immediately as they will show where your accident happened, what the defect was that caused your accident and how big a defect it was. Pictures should be taken from a variety of angles. If it is possible return to the accident location with a friend and a brightly coloured ruler and take some photographs showing the height of the defect. It is pretty useless showing a lovely shot of your partner holding a ruler when you can’t see the measurements on it!

To recap, three important things to remember:-

1. Include a ruler to show the height of the defect

2. Place that day’s newspaper with the date showing somewhere in the photo (but not obscuring the defect). This will prove which date the image was taken.

3. Failure to take pictures promptly will give those responsible such as the local council the opportunity to repair the defect before you have a chance to take your photographs….and if that happens you’ll have a real problem proving that the defect was dangerous.

It is important to take any witness details as they will be able to vouch for the injury at a later stage. And finally, make sure you notify whoever you think is responsible….but not until you’ve taken those all-important photographs.

If you have had a trip or slip accident and think you have a claim please contact me. I work on a no win, no fee basis and will be available to discuss the details of your claim – so please phone me on 020 7636 9222 or email me at: mike@goodgelaw.com

Any decent no-win no-fee solicitor will try to take on a case that has a good chance of success. Thankfully, I’ve got a good record of winning personal injury cases such as trips and slips at work. This is in no small part due to what goes on before my client contacts me – so here are a few things that can be done to enhance your chances of winning even the hardest of cases.

Accidents at work

Your employers have a duty to provide a safe working environment to protect your safety. If you are unfortunate enough to have an accident, the long recovery process can place a strain on you financially, as well as emotionally and physically.

Your employers have a duty to provide a safe working environment to ensure your personal safety.

It is important to ensure that any work-place accident, together with any supporting evidence, is appropriately and accurately recorded.

It is extremely important that you report any injury to your employers as soon as possible. You need to make sure that the accident is recorded in the Accident Report Book. If your workplace does not have an Accident Book or your employer fails to do this, you should write down details about the accident and send it to your boss. This record should include times, dates and places. It should also contain a brief summary of the incident and a note about how it was reported.

This may seem a trivial for minor cuts and bruises. However if there are any complications later on this record will prove vital in securing any compensation. Make sure you keep a copy for yourself.

Afterwards, however minor the injury may seem you should see a doctor as soon as possible. As well as being reassured by the doctor, this is so there is a medical record of your accident which your doctor will make on your visit.

I can think of quite a few potential claimants who approached me several months after the accident who did seek medical attention and, more importantly, did not report the accident at all. This is likely to be one of the first considerations a compensation solicitor will make when deciding if your case even gets off the ground.

If you have had a work place accident and think you have a claim please contact me. I work on a no win, no fee basis and will be available to discuss the details of your claim – so please phone me on 020 7636 9222 or email me at: mike@goodgelaw.com

So, when you speak to a witness who saw what happened write down their:

• 1. full name;
• 2. postal address;
• 3. phone number; and
• 4. email address.

The more contact information the better.

Once you’ve done this, check you can read what they have written. Or, if you have written their contact details, repeat them back to make sure you haven’t made a mistake. This might sound obvious, but a couple of hard to read numbers or letters can render phone numbers or email addresses almost useless.

Do all of this even if the police are on the scene. This is very, very important!

For example, if you are in the London area, the police send contact details of accident witnesses to the Criminal Justice Unit in Sidcup. From this point data protection makes it almost impossible to get these details again until a police report has been requested (and paid for). This also only happens once a case is closed. For example, this will be once the police have investigated the case and decided not to prosecute the other driver. Alternatively, if they decide the prosecute the other driver, they will not allow you access to the police report until after the court proceedings have finished which will be many months after the accident itself.

Even when a police report is finally obtained the names and contact details of the witnesses may have been crossed out. The police ask the witnesses if they mind their details being disclosed to the parties or their solicitors. If they decline or do not respond, then the police will cross out the witness’s details and will not release them.

I had a no win-no fee case in London recently where my client collected contact details from all the witnesses. When the police arrived on the scene he handed these details over. The police would not release the witness details due to data protection. Several months later, when I finally got access to the contact details, I discovered the witnesses had actually left the country.

So, if a police officer asks for your list of witness names make him write a copy – otherwise you’re not just handing over contact details, you’re handing over your case!

If you take some photos of the scene of the accident this can be a huge help in the future if you need to make a personal injury claim.

Most people these days have a camera on their mobile phone. If you don’t have one, buy a disposable camera and keep it in your glove compartment.

If you do have an accident, take several shots from different angles. Make sure you take:

> shots from a distance to ‘set the scene’

> close-ups of any damage (sometimes people dispute damage at a later date)

I had a case recently where the defendant disputed liability of an accident that she had caused. She put forward a completely different version of events but fortunately my client had been very well organised. He had taken a series of photos on his mobile phone so I had half a dozen photos that clearly showed the final resting places of the vehicles after the accident. This resulted in a swift admission of liability and a settlement.

So, I would advise you to be prepared – and if you are in an accident, make a photographic record!

At the beginning of my career I spent some time doing personal injury work and really enjoyed it. It’s very hands on and people-orientated. I get to deal with a huge variety of different clients and it’s my job to gain their trust. Initially they are nervous and unsure, but over time, the trust builds. When I’ve got an excellent result it’s an incredibly satisfying moment because I know I’ve provided my clients with their last line of legal defence. Despite a battle, the system has given them a fair award.

The thing I dislike most about my job is dealing with awkward opponents and insurance companies that will do anything possible to prevent my clients being given a fair award. Then again it’s my job to protect my clients from that and, although it’s often frustrating, I like to think that I’m good at it.

I became a qualified lawyer in 1996 after three years at university, one year at Law School and two years as a trainee. At that point my training principal said to me, ‘Well done Mike, the real learning starts now,’ and he was right. The moment you think you’ve learnt it all, you actually know nothing.

I remember a case a few years ago when I came up against a talented trainee from a big law firm. I ended up winning the case, but if I’d sat back and thought, ‘he’s a young whippersnapper, I’ve got ten years experience on him,’ then he’d have taken me to the cleaners. Whenever I meet people that are younger than me – but talented – I look to copy some of their strengths and use them in my game.

Personal injury law and the concept of ‘no-win no-fee’ is often misunderstood. The bottom line is this: if someone injures you and prevents you from earning a living and providing for your family, then you need a solicitor like me. I will make sure the insurance companies don’t brush you aside and leave you paying for someone else’s mistake.

The Government is concerned about the perceived increase in the compensation culture and doesn’t want us to become like the States. However, statistics show that we don’t have a compensation culture – just the perception that we do.

The Government is concerned that the no win-no fee agreement is costing business through claims and the overheads of keeping paperwork in line with the law. These issues have prompted two reports. One by Lord Jackson and one by Lord Young. Both have some good suggestions when it comes to cutting down on paperwork. The current regulations require organisations to carry out a great deal of risk assessment administration for quite basic activities.

However, I don’t believe that the reports have fully understood the way the legal and insurance industries work – particularly when it comes to some of the details. For example, the insurance companies can be unbelievably awkward when it comes to paying out to people that have been injured by someone else’s mistakes. If a solicitor like me isn’t there representing them, these innocent people often find themselves being unfairly mistreated.

So the big change these reports are recommending is to the cost regime. At the moment the way it works is this – a solicitor, like myself, will take on a case because we think there is a legitimate claim. Of course there’s risk involved – but when we successfully conclude a case the losing party – usually an insurance company – has to make two payments. The first is to the client, which is the compensation that is either agreed or which a court has awarded them. The second payment covers my legal costs (known as base costs) and a success fee for taking the case on a no win-no fee basis. In other words, if you are injured in a car accident and the court awards you £5,000 you receive £5,000. My payment for legal costs is made separately in addition to your compensation.

The recent reports are recommending a new cost regime whereby the success fee will come out of the compensation award – but this amount can’t exceed 25% of the compensation awarded. The problem here is that many solicitors may decide not to represent clients with legitimate smaller claims which are riskier.

I could speculate that the proposed changes are because the Government wants to reduce the amount it has to pay in personal injury claims. It’s the biggest compensator in the country through the NHS Litigation Authority, which pays out millions of pounds due to botched operations and medical mistakes. Some might see these changes as a good thing because it would reduce the overall running costs of the NHS, but they might feel differently if either they or a relative had a horrendous and unnecessary experience during a hospital visit.

Personally I am very concerned about these changes to the costs regime. Of course I have a vested interest, but it’s important to look at the bigger picture. The ‘no-win no-fee’ costs regime was introduced by the Government to reduce the cost of Legal Aid by restricting access. In essence the Government said, ‘We won’t pay for representation if someone else injures you – but we’ll introduce a financial incentive for solicitors to represent you at no cost.’ They were shifting the cost of representation from the state to people like me, who were expected to then take a risk. It was a new way of working, but it meant that ordinary people could still have access to legal representation if they were injured through no fault of their own.

Now the Government is suggesting a system where there is limited access to Legal Aid and there is diminishing incentive for solicitors to represent them. In the future, when someone is wheeled into an operating theatre they will have to trust in the professionalism of the medical staff because there will be limited legal redress if mistakes are made. This issue isn’t just about compensation for injuries – it’s about access to justice and forcing big organisations to improve. After all, without the threat of big compensation claims many organisations like the NHS have little incentive to improve their practices. Personal injury claims do ensure that innocent people are given fair compensation – but they also encourage organisations to avoid causing injuries in the first place.

They run awareness and safety campaigns throughout the year, highlighting issues affecting millions of UK workers.

They ask employees, business leaders, workers and workers representatives to contribute to their work in creating and evolving their strategy.

Their work aims to make real change to Britain’s workers: 180 people lost their lives as a result of their work during 2008-09, and over one million were made ill or were injured while at work.

The HSE also enforces health and safety regulations. Recently they prosecuted a firm which had modified a lid-making machine which caused an accident and an employee lost four fingers.

I understand the importance of being safe at work, so if you’ve been injured at work please contact me to find out more about how I can represent you.

The No Win-No fee agreement is particularly helpful to people who have been injured or been involved in an accident that wasn’t their fault. They may not have the financial resources to hire a solicitor themselves, but the No Win-No fee agreement (known as a Conditional Fee Agreement) will allow them to pursue their case legally.

In a No Win-No Fee personal injury case, as a solicitor I pursue all claims on the understanding that if the case is unsuccessful then the client will not have to pay any of their legal costs.

What happens when the solicitor and their client win the case?

An award of damages will be made by the losing party. This is often referred to as compensation.
The award may happen after a court case, but very often these awards are made before the case reaches the court.

The client: the person who has suffered the injury/accident will be paid damages by the losing party. This amount will depend on the extent of their injuries and how it has affected their life. For example, are they seriously disabled or have they suffered a loss of earnings? As a general rule, the greater the extent of the injury, the larger the award of compensation. Whatever the award, the No Win-No fee agreement means that they receive a full award of damages and don’t pay any of my legal fees.

The solicitor: I will have my legal costs paid by the losing party. I am entitled to claim my standard fee (known as base costs) as well as what’s called a success fee. In English law this success fee can’t exceed 100% of the standard fee. The success fee is to reward me for taking on the case on a no win-no fee basis as there is, of course, a chance that the case could be unsuccessful meaning that I will receive no fee at all.

What happens if the solicitor and their client lose the case?

The losing client will not have to pay me anything. There may be some liability to pay the defendant’s costs but these are normally covered by After the Event insurance which I will arrange at the beginning of the claim.

If you’ve been injured in an accident and are looking for a No Win-No Fee solicitor to seek compensation for you, then please get in touch with me at Goodge Law. We are a London firm of personal injury solicitors and will be happy to discuss your case wherever you may be in the country.

To find out more about No Win-No Fee agreements you can go to the Law Society website.