Down But Not Out: How we turned around a claim LOST by another Law Firm

In accident at work, Blog, Recent Cases, Type of Injury by AAH

One of the things we pride ourselves on is how we take on difficult cases for clients, even in the face of adversity.  We’re really passionate about law and we’ll go to great lengths to fight for our clients.  Well, we’ve just won another case which really proves this point;

Mr Ghaith is a client who suffered an accident at work, whilst working for Indesit UK Ltd.  Before coming to us, he had gone to a national firm of solicitors after seeing their adverts on TV.  Like virtually every law firm out there, they took it on under a ‘No Win No Fee’ basis and they took the matter to the County Court, but LOST.

Naturally, Mr Ghaith was unhappy.  Not only had he suffered an injury which he felt was not his fault, but he found that the big law firm he found on TV weren’t prepared to back him all the way.

You see, many of these huge law firms have huge marketing costs and often buy cases from insurance companies and claims management companies for a huge fee.  They deal with lots of claims but because of their huge outlay in ‘buying’ the case, cases are often assigned to junior solicitors or case handlers with limited experience.  These case handlers deal with hundreds of files at any one time and they are under pressure to close the file as soon as possible. As a result, these larger law firms often drop cases that will involve a little more time and risk, rather than invest more time and effort in getting the result that the client deserves.

Thankfully for Mr Ghaith, he wasn’t prepared to let the matter drop.  We say ‘good for him’, we strongly believe in standing up for your rights if you’ve suffered an injustice.

So Mr Ghaith got in touch with us after finding our specialist personal injury website and we invited him in to see us, completely free of charge.  He asked us to represent him and gave his consent for us to obtain his file from his former solicitors.  We did this and reviewed the file In front of him. We had the benefit of an opinion from the Barrister who represented him in the original claim through the County Court.  We believed in Mr Ghaith’s cause and were convinced that an appeal against the decision could be successful.

Before we could actually appeal this case, we had to ask for permission from the court to appeal it.  We instructed a Barrister of our own and applied to appeal to the Court of Appeal.   Permission was granted. It was also suggested by the  Appeal Judge that perhaps the case should be settled using mediation, which is an alternate way of settling disputes outside of the court.  We and Mr.Ghaith were happy to do so and put this proposition to the other side, but they declined.

So the case went before 3 Lord Justices in the Court of Appeal on May 3rd 2012.  All 3 Lord Justices came to the same conclusion, which was that the County Court had wrongly dismissed Mr Ghaith’s claim.  They found that Indesit were wholly responsible for his accident at work and so would have to pay his damages in full.

The moral of the story is, don’t give up!  If you’re injured as a result of an accident that was not your fault and you’ve either been abandoned by a firm of solicitors, or they have lost your case, then as Mr Ghaith found out, we may be able to turn it around for you and get you the compensation that you deserve.

So call us today for free, for a no obligation chat, on 0800 3899 136.

Abdul Hafezi is the owner of Hafezis Solicitors and, a law firm who specialise in difficult and challenging cases.  He is a specialist in winning cases that others have abandoned and has an enviable track record for his clients.