QLD Personal Injury at Woolworths

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Rod

Lawyer
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27 May 2014
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Keep in mind that you pay a premium for going no win/no fee as lawyers then have to take on an increased risk.
 

nis

Well-Known Member
14 February 2017
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Keep in mind that you pay a premium for going no win/no fee as lawyers then have to take on an increased risk.
Thanks rod, I have thought of that. My sister requested a breakdown of fees today as the cost agreement doesn't reflect the fees, but when she asked for the breakdown in an invoice, things turned nasty.
 

kimsland

Well-Known Member
6 February 2017
66
6
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law firm who is in financial strife at the moment and they are telling her to accept 100, 000 which is what Woolworths offered and the firm wants 8.

80, 000 in legal fees.
.
Yep that's your common solicitor/barrister fees. And with a strong push to settle, because going for more will just make their fees higher of course ;) I can't quickly think of the word, but its something to do with dirty b$#$ rats.

There is another option open to people and that is not going through your friendly law solicitor.
It was pointed out that not everyone has the ability or knowledge to carefully pursue their case in court, with say legal aid or legal personal representative (at anywhere between $0 and say $2000 costs only). But for $80,000 I'm pretty sure most will willingly learn it :D

Regarding the original OP - not enough info.

Regarding should you try to go for more? Thus increasing costs against your lawyers advice. I'd say you'd likely lose ie Come out with maybe $3000 more because the judge can see (and understands) the hypocrisy of lawyer/judge relationships. They are not stupid, they know they are taking your money (compensation).

Bringing up old cases is probably lawyer 101 basic, I'm pretty sure a 10 year old could do.
Arguing for you in court? (Follow procedures, interrupt when they don't hear your demands).
No win no fee, literally means > If we take the case on we already know we will win, otherwise we wouldn't do it.

Therefore if you ever get that from a lawyer, then say here's your $600 1/2hr service. Now it's time for me to make a $100,000 without your wasted help.

Judges like lawyers because they all love talking law lingo and are willing to do one tiny step at a time. ANY adult can do this if they knew they were losing $80K in the end. As I said, I'd do it, and even if I was 'compensated' 50K, in your case, I'm ahead by miles ;)

Just future info.

By the way, settle for 100K, the solicitors probably held off their Xmas bonus because of you!
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Oh God. I don't even know where to begin in regard to the comment immediately above me.

Firstly, any law practice, regardless or whether they're no-win no fee, a top tier firm or a suburban firm - Must provide the client with information disclosing the basis on which legal costs will be calculated and a total estimate of the total legal costs. Importantly, the firm must disclose to the client any significant change, including information about any significant change to the costs that will be payable by the client. At the end of the day 'no win, no fee' arrangements are just conditional costs agreements.

What does your costs disclosure say? Is there a significant discrepancy between the original amount quoted and the $80k?
 

nis

Well-Known Member
14 February 2017
16
0
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Oh God. I don't even know where to begin in regard to the comment immediately above me

Yes I actually disregarded it. The costs agreement stated for the 1st stage $13000 and to go to the next stage $35000. As far as I can see, they have only just got to the first stage, so yes, a rather large discrepancy.

I told my sister to call them yesterday and ask for the invoice itemised which I know they would've had prepared for the conference which was this Monday just gone but apparently she needs to wait. She also requested her solicitor to call and speak to me so I can get a grip of the situation and explain it to my sister and she refuses to speak with me.

I have given my sister information about laws that apply to fees, etc and she mentioned it to her and that's when she said she wouldn't speak with me which raised red flags for me.

As mentioned previously, my sister is on methadone and other strong medication for her pain from the injuries she suffered and I think that the solicitor thought she could get one over her. I would love to name the firm - they are in serious financial trouble atm, and have also been taken to court before for the same thing.
 

nis

Well-Known Member
14 February 2017
16
0
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Hi Sophea

So the offer is still open and the solicitor sent Woolworths a letter requesting they accept liability. They have called the solicitor today saying we are a big corporation and we fight and win these cases everyday and we will win against little old so and so in regards to my sister. It's worth mentioning that there are statements.

From the Woolworths employees saying the freezer was broken for weeks and they had not put wet floor signs up for that duration. She is not going for loss of wages but she needs fulltime care now. They are saying that because she has an injury already to her right leg they wont accept liability she damaged her left leg and back and undiagnosed whiplash to her neck in the fall.

I have read of a case of a double amputee falling on a chip at a Taree Big W and she took to court and lost and so appealed to and won 520, 000. My sisters solicitor has now decided to act in "good faith" and reduce the legal fees by 29000 yes only after I mentioned some of the information I had read on your post so thank you for that.

I am inclined to tell her to fight them in court because they did cause her injury and they should have taken due care when the freezer started to leak. There is also witness statements from other customers and I'm certain there is surveillance tape of the fall. so in my mind there is no question of liability.

Any information you can give would be so greatly appreciated ☺
 

nis

Well-Known Member
14 February 2017
16
0
71
Hi,

My sister's solicitor went ahead and accepted an offer without her consent. My sister told her in no uncertain terms, she wanted to fight Woolworths in court. She also has told her an amount in her hand but then it has differed at the bottom of the page.

I have the letter and was going to screenshot and post. Can anybody please assist with some information? The solicitor told her to get it in the mail over the weekend.
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Did you send the solicitor a letter stating that you do not accept the offer? Needless to say that the solicitor cannot accept the offer without the clients consent.

Send the solicitor a letter stating that you do not accept the offer, send via registered post and keep a copy.
 

nis

Well-Known Member
14 February 2017
16
0
71
Did you send the solicitor a letter stating that you do not accept the offer? Needless to say that the solicitor cannot accept the offer without the clients consent.

Send the solicitor a letter stating that you do not accept the offer, send via registered post and keep a copy.
Hi iamthelaw,

No she didn't and the solicitor has sent her through settlement papers to sign. I don't know if you've seen my reply on Thursday to you of what Woolworths said to the solicitor. It's almost like the solicitor is scared to take Woolworths on even though she is not acting in her client's best interest.

I have told my sister not to sign anything. Do you have any recommendations in relation to this?

Woolworths is sighting her pre existing injury to the opposite leg
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Hi iamthelaw,

No she didn't and the solicitor has sent her through settlement papers to sign. I don't know if you've seen my reply on Thursday to you of what Woolworths said to the solicitor. It's almost like the solicitor is scared to take Woolworths on even though she is not acting in her client's best interest.

I have told my sister not to sign anything. Do you have any recommendations in relation to this?

Woolworths is sighting her pre existing injury to the opposite leg
If you're not accepting the settlement, don't sign it. Send a letter to your solicitor stating that you're not accepting the settlement and also highlight your other concerns so that it can go on the file.
 
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