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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7050
Experience:  Solicitor
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I made a personal injury claim against a former employer for

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I made a personal injury claim against a former employer for £1,000. They defended it. What is the best route ahead? Will mediation reduce the value of my claim, or is it better to go straight for a hearing?
Assistant: Where are you located? It matters because laws vary by location.
Customer: In London, UK.
Assistant: Has anything been filed or reported?
Customer: Yes, I made an accident report to the employer at the time. I obtained a medical report from my own GP and have photos of the injuries. The accident was recorded on CCTV at work. They confirmed the sequence of events at the time but now say I was to blame for being careless.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: The accident was with a revolving door.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Has it been allocated to track yet?
Are you represented?

Customer: replied 1 month ago.
No, I have a choice to mediate or ask the Small Claims Court for a hearing. I have to decide by 8 May and I will be representing myself.

Ok - what is it you want to ask me about this?

Customer: replied 1 month ago.
Given it is a claim for only £1,000 that my previous employer has defended, is it best to try to mediate which may involve a settlement for a lower amount or take it to Court which will involve higher fees?

Yes. The Directions Questionnaire will say do you want mediation.

If both parties agree the matter will be stayed and mediation tried.

If you proceed it will just be the hearing fee to pay

If you win, the Court issue and hearing fee are added to the claim.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
From what I have described do you think I can win? I have plenty of evidence but my former employer deny any responsibility or health and safety failings.

I think you have an arguable case, yes

Does that clarify?

Customer: replied 1 month ago.
I mentioned the accident was with the revolving door as I was entering the employer's building. They are denying a group of people standing inside by the entrance caused any blockage or change to the traffic. They are saying the door could not stop when it came into contact with my person. I was hit by the door on my right elbow, the door pushed me forward and ejected me onto the floor. I had bruises on my right elbow and also a cut and bruises on my left elbow and left thigh caused by the fall. What is your opinion? Why was the door not fitted with a safety mechanism?

I don't know why it was not fitted. If they can show it was inspected and serviced in accordance with manufacturers guidelines and it had not happened before, then you won't be successful.

Otherwise, you will

Does that help?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
thank you.

Pleasure

Customer: replied 28 days ago.
Hi, Jamie. My former employer denies negligence or breach of statutory duty. As causes of my accident I gave: a crowd of people near the revolving door blocking the entrance, front of house staff not keeping that area clear, door mechanism likely to be faulty. They stated "there was no reasonable way the door could stop". Is that not an admission of safety failure? If there are several factors increasing the likelihood of an accident, rather than causing it directly, do you think I have a good case in Court?

No, not an admission. It all comes down to the mechanism and whether it was inspected.

Customer: replied 28 days ago.
Thank you!

Happy to help