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A home accident claim over an incident which happened in Manchester has provoked renewed debate over the issue of personal injury lawyer fees.
The claim was made by a 45-year-old care worker, who was taking out rubbish when she struck by falling guttering from her neighbour's house.
She suffered a number of injuries as a result of the accident and medical reports detail how now, three years since the incident, she still suffers "moderate to severe pain".
Some time after the incident occurred, the couple who own the house received a letter from the claimant's personal injury lawyer. It stated: ''It is alleged that the accident was caused [by] the negligence of yourself, your servants or agents. My client suffered an injury to her neck, left shoulder and knee.''
Eventually the case was settled for a payout of around £3,000 – however, the home accident claim has attracted controversy after it emerged that the couple has also been ordered to pay around £17,000 in legal fees to the claimant's personal injury lawyers.
They now say that they will probably have to sell their house to fund the cost of the payout – a situation it is likely they could have avoided had they not neglected to respond to solicitor letters notifying them of the litigation and subsequent court dates.
The claimant's personal injury lawyer commented, "Our client had a right to pursue a claim for compensation due to the injuries which she sustained. Had [the defendant] or his insurers responded to the claim at the outset, this matter could have been resolved in a timely and much less costly manner.
''Significant legal costs have been incurred in pursuing this matter due to [the defendant's] failure to respond throughout which has led to numerous court hearings taking place.''
