Litigation & Disputes
W Davies has helped a large number of clients over the years to recover the right amount of compensation for their injuries.
We pride ourselves on not being a ‘claims farm’ or ‘claims factory’ where claimants tend to be herded into a system that suits the claims firm rather than the needs of client.
W Davies believes personal service is paramount. This means our solicitors (and our Personal Injury team consists entirely of solicitors, not ‘paralegals’) are fully flexible and adaptable to meet your specific needs and requirements.
We realise that it is often not just the money or financial compensation that is important, but also the need to ensure the best possible treatment and care is provided to you to minimise the impact of the injuries on your life. This is often overlooked by claims handlers. W Davies tries to make referrals where necessary to ensure that the best care and treatment is provided for our clients and that the costs of this care and treatment are met by those responsible.
W Davies has considerable experience in dealing with all types of personal injury claims, and Andrew Cohen, the head of department is a member of the Association of Personal Injury Lawyers (APIL).
Please see our ‘Funding Options’ section of this page for details of our ‘no win, no fee’ commitment.
If you have suffered an injury and wish to claim compensation, or you believe your claim is not being dealt with properly, call us for a confidential no-commitment chat or email Caroline Batko at firstname.lastname@example.org or Andrew Cohen at email@example.com.
Accidents at Work (Employer’s Liability Claims)
Our personal injury team is able to assist you in assessing the prospects of success of your potential claim for an injury you may have sustained whilst at work. Our team of solicitors has substantial experience in handling all levels of claims for injuries caused by accidents in the work place.
If you have injured yourself at work, it is important to have evidence that your injury was a result of an accident that took place at work. This evidence can be in the form of witnesses of the accident, an accident report book or records of others having injured themselves in a similar manner. This will help prove that your employer is at fault for your injury.
The most common causes of accidents at work are:
- defective equipment
- negligence of other employees
- unsafe working practices adopted by the employer
- slipping on wet surfaces
- tripping over equipment left lying around
- falls from height
- lifting and carrying accidents
- poor training and supervision
If you are unsure what your legal options are, or if you just wish to discuss a potential claim, please call us on 01483 744900. We are happy to help.
Accidents on Public Property (Public Liability Claims)
Our personal injury solicitors can advise you in relation to any claim resulting from an accident occurring on public property.
Examples of Public Liability claims include:
- Accidents resulting from slipping or tripping on public footpaths or pavements, or other public areas other than roads.
- Accidents resulting from defective or badly maintained highways.
- Accidents resulting from falling objects.
Slips & Trips
“Slip and Trip” accidents cover a wide variety of accidents including tripping on pavements or over objects in the workplace, slipping on floors or perhaps on wet entrance steps.
Slip and Trip accidents can cause a range of injuries from cuts and bruises to broken bones. The injury and recovery period can be painful and slow. There are also the financial consequences to consider – for example lost earnings and treatment expenses. We recognise the emotional stress that injury can cause to you and your family. We will assist in keeping the impact upon you and your family to a minimum.
As with any personal injury claim, our expert personal injury lawyers will investigate your claim with a view to establishing that the other party (whether it be the Council or a company) was responsible for your accident. Our initial advice would be to take photographs of the hazard that caused you to slip or trip, immediately after the event – if indeed the hazard still exists.
Treating your injury quickly is of paramount importance. If you are seriously injured and you are off work, we would also consider making an early application for an interim payment which will ease the financial strain and enable you to obtain the treatment you need.
If you are successful in your claim, you will recover damages for pain, suffering and loss of amenity in addition to your financial losses, both past losses and foreseeable future losses.
Road Traffic Accidents
Whether you were the driver, a passenger, a cyclist or a pedestrian; we understand the effect personal injury can have on your life can be dramatic.
W Davies provides a personal and effective service. Our personal injury solicitors are fully flexible and adaptable to meet your specific needs and requirements.
The Government and insurance industry, in reaction to the disaster of the creation of the claims industry through the (Government-made) original ‘no win, no fee’ rules, have put procedures in place which, unfortunately, ensure that it is very hard for your solicitors to fight for proper compensation if the damages which you are likely to receive as a result of an accident are worth less than £25,000.
We will do our best to make an early assessment of the value of your claim and to steer you in the most favourable direction given your circumstances.
One of the first steps our personal injury solicitors would take would be to assess the prospects of successfully bringing your claim. In other words, we will assess how likely it is that we could prove that the road traffic accident was the fault of the other driver.
To do this, the solicitor will need to establish the details of the accident, a map of the location, any photographic evidence, any witness details and any police details.
Most road traffic accidents are dealt with by the responsible party’s insurers. If the other party was uninsured, or is untraceable following the road traffic accident, we may be able to still claim compensation.
We will assist with your rehabilitation needs as we understand how difficult it can be to obtain the right treatment – and, moreover, obtain it quickly. Treating your injury with speed is of paramount importance. If you are seriously injured and you are off work, we would also consider making an early application for an interim payment to ease the financial strain.
If you are successful in your claim, you will also recover damages for pain, suffering and loss of amenity, as well as your past and foreseeable future losses of income.
If you have sustained an injury as a result of a Road Traffic Accident, please call us on 01483 744900. We would be happy to help.
Fatal Accidents & Serious Injury
There are times when you or your family are faced with tragedy and devastation. Our solicitors at W Davies are experienced in dealing with situations that have resulted in either serious injury or death.
We understand that the process involved in claiming compensation at such a difficult time can often cause additional anxiety and further distress. W Davies will seek to understand your needs and requirements and work with you compassionately to ensure that this risk and further upset is kept to an absolute minimum.
We realise that it is often not the money or financial compensation itself that drives such claims but the need to ensure that the best possible care is provided, and how that will be provided and paid for. This can be overlooked by claims handlers.
W Davies staff and solicitors firmly believe in personal service. W Davies is not a ‘claims farm’ – we will handle your claim sensitively and will listen to you. We take into account all your requirements to ensure you receive the best possible service you can in such difficult circumstances.
We regularly act for:
- A husband or wife, or former husband or wife of the deceased
- A civil partner or former civil partner of the deceased
- A parent or other dependant of the deceased
- A child or other dependant of the deceased.
If you would like a fully confidential, no-commitment discussion about your situation, then please call us. For more information or to make an appointment with a solicitor in Woking, please contact Caroline Batko at firstname.lastname@example.org or Andrew Cohen at email@example.com.
Understandably, people are concerned about approaching solicitors due to the significant legal costs involved in pursuing or defending a claim. There is no need to be concerned, as here at W Davies we will provide you with an initial consultation free of charge. We will also explain your funding options:
Conditional Fee Agreements
Conditional Fee Agreements (“CFA’s”) are often termed “No-Win, No-Fee”. This is a regulated agreement between a solicitor and their client as permitted by English law, but not strictly a pure ‘contingency fee’ agreement as found in the USA; such agreements are not lawful in England and Wales.
Subject to the terms of the CFA we will deal with your personal injury case on the understanding that if you lose the case, you will not have to pay your own legal costs. You will, however, still be responsible for any costs incurred by the other side. This risk is insurable by way of ‘After–the–Event’ (“ATE”) Insurance. We always recommend this insurance be taken out if liability is in issue.
The advent of QUOCS, or Qualified One Way Costs Shifting, has not really affected the balance of power between victims and insurers. Insurers can still make offers to settle which are low but which place the claimant at risk of adverse costs consequences. Having the right backing and making the right decisions in the face of such an offer is still of crucial importance in order to gain proper compensation.
If you win your case you usually become responsible for your costs under the agreement together with success fee to reflect the risk taken and delay in receipt of payment. We will, of course, endeavour to recover payment of as much as possible from the other side. Each CFA is negotiated on its own merits.
This requires you to pay our invoices on an interim basis until your claim concludes. You may discuss with us preferred intervals for payment of invoices but this will ultimately be at our discretion. If you win your case, the other party will usually be ordered to pay your costs. If there is a difference in the costs that we are able to recover from the other party and the costs we have incurred, you will be responsible to pay any shortfall. If you lose the case, you will probably be ordered to pay the other side’s costs as well as your own. However, ‘After–the–Event’ (“ATE”) Insurance policies are available to insure you against any adverse costs order. Please see below for further details.
Legal Expenses Insurance
You may have legal expenses insurance as part of your household and contents insurance or as a separate insurance policy. You need to consider your policy documents to see whether you have such funding. We may still be able to act for you under the terms of that insurance, with the insurers’ agreement.
After – the – Event (“ATE”) Insurance
This is insurance which can be obtained after an accident has happened. The premiums can be quite high but they are often deferred until the conclusion of the case and are self insured in any event. It simply protects you against any adverse costs order for losing at Trial.
Road Traffic Accidents, Employer’s Liability Claims and Public Liability Claims
In respect of accidents occurring after July 2013, the fixed costs rules apply to those cases which are valued at less than £25,000, severely limiting the recoverability of solicitors’ costs. The fixed costs rules are Government imposed and are out of W Davies’ control.
We will do our best to make an early and accurate assessment of the value of your claim. Unfortunately, if your case does fall within the fixed costs rules, W Davies may not be able to assist you unless on a privately funded basis. However, the personal injury team would be happy to advise upon funding options in those circumstances. Please contact our solicitors to discuss your claim in the first instance, free of charge.
Defending Occupier’s Liability Claims
The Occupiers Liability Act 1957 establishes the position that a person or entity in control of premises owes a duty of care towards lawful visitors to see that the visitor will be reasonably safe in using the premises for the purposes for which he or she is invited or permitted by the occupier to be there. The Occupiers Liability Act 1984 extended the duty of care to trespassers which makes the responsibilities of occupiers more extensive.
Our Defendant Personal Injury team has considerable experience of defending such claims on behalf of businesses, public bodies, landlords and private individuals. We also advise on minimising risks to prevent liability in advising upon what is required of occupiers of premises under the Acts.
If you are concerned by the extent of your obligations in relation to a particular property or are currently facing a potential claim, please call us. We would be happy to help.
Defending Employer’s Liability Claims
If you own your own company and wish to avoid claims by your employees for personal injury, our experienced team of solicitors can advise you on all the current ‘Health and Safety’ legislation affecting your business and working practices.
The principal duty on an employer is to assess the risks of harm at his work and to take all reasonable steps to minimise those risks. Failure to comply with this duty may result in your company being liable for any resulting accident. A myriad of specific rules and regulations can catch the unwary.
If you are already named as a Defendant in a personal injury action (or potential action) brought against your company, our solicitors are able and willing to help you. We understand it is highly likely you have insurance in place to cover such claims, but in the event that you do not or you wish to speak to someone, please call us in the strictest of confidence.
W Davies can also advise and assist you in respect of any employment issue arising from any claim or potential claim – whether the injury was caused by another employee or what to do in respect of the injured employee. Please see our Employment page – contact Caroline Batko at firstname.lastname@example.org or Freddie Lawson at email@example.com.
The types of injuries at work vary widely and include, but are not limited to:
- Construction site accidents
- Repetitive Strain Injuries
- Asbestos exposure/poisoning
- Slip or Trip injuries
If your company has not considered or reviewed their health and safety duties recently, it may be worth speaking with one of our solicitors in order to limit or minimise your company’s susceptibility to future personal injury claims, and thus keep your insurance premiums lower.