• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Personal Injury - Gym whilst under PT supervision

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • NOCAB
    replied
    Thank you ever so much. i have now found a firm willing to take this on on a no win no fee basis. i have been through detailed questions and points relating to the case and they feel i have a strong case so fingers crossed. Still in horrible pain and hope something will come from this it is life changing !!!

    Anyone else out there suffering you have my sympathies and support and rest assured if i can help from this experience, i will.

    Take care and be safe

    Leave a comment:


  • Peridot
    replied
    Hi Robert,

    I would suggest you google a personal injury specialist lawyer who deals with public liability claims. It may be that the lawyer you initially spoke to did not put your likelihood of success at over 50% so they would be unwilling to take on the claim under a CFA (No win no fee) arrangement.

    You could have a look on our sister site JustBeagle.com and search for personal injury lawyers. It is worth shopping around. I would suggest that you prepare a timeline of the documents and incidents subsequently so you are able to succinctly fill in the picture for them. They will need to see the contract and any other documentation related to this before they can make a decision. If no-one is willing to take it on under a no win no fee you can of course write formally to him and the gym, who may also have a responsibility if he is their recommended PT.

    Get some lawyer advice and if none of them are willing to take it on it may be worth sending a letter to the PT and gym yourself. We can help with pointers if that is needed. Generally PI lawyers will try if they think there are sufficient prospects of you succeeding, so if there is no one willing to take on the claim I wouldn't hold your breath for an amazing settlement but you may get something.

    In the meantime do keep receipts (prescriptions and physio etc) and a note of travel to Dr's or other related appointments. Bear in mind this is an exacerbation of a pre existing back injury and there will always be an argument about how much the injury sustained with the PT actually contributed to your current situation.

    Hope this helps.
    Last edited by Peridot; 12th September 2018, 10:18:AM. Reason: left out some info

    Leave a comment:


  • NOCAB
    replied
    Hi, I recently received a letter from the firm of solicitors I had hoped would pick up this claim, but they have said they are not willing to take this on. I am gutted because this is so obviously a genuine claim. They have stated that they aren't saying I don't have a case but that they aren't willing to pursue this. They are not accident specialists so I guess my next route is to find a company that will help. Does anyone have any suggestions?

    Thank you

    Leave a comment:


  • des8
    replied
    Even if he has PI cover I would not anticipate it being mentioned

    Leave a comment:


  • NOCAB
    replied
    Originally posted by des8 View Post
    Doesn't matte r whether public ;liability insurance is in place or not.
    your claim will result in the PT claiming under a professional indemnity policy (if he has one!)
    Hi, his T and Cs don't mention professional indemnity just public liability insurance

    Leave a comment:


  • des8
    replied
    Doesn't matte r whether public ;liability insurance is in place or not.
    your claim will result in the PT claiming under a professional indemnity policy (if he has one!)

    Leave a comment:


  • NOCAB
    replied
    Originally posted by jaguarsuk View Post
    It doesn't matter that the contract wasn't signed, by the performance of his obligations under it (doing 5 sessions with you) you have both entered into the contract and the T&C's apply.

    He has been negligent in failing to conduct the medical assessment and that has resulted in the medical issue you now have, had he taken more reasonable care to carry out his full duties he would have known to avoid the kind of exercise you engaged in.

    I would say that you probably have a very good case, you'll need to see a personal injury solicitor and the only thing I would caution is that he is self employed, so before you go potentially racking up bills on solicitors (some do no win no fee, but if he can't pay their terms will bang the costs on to you) does he have public liability insurance, which he should if self employed then excellent, but if not consider what the likelihood this guy can pay any judgement is?

    Was he recommended by the gym? If so they should insist that he has public liability insurance to operate on their premises, so if he doesn't a solicitor might be able to advise if there's a claim against the gym.
    Hi, and thank you for your response, this sounds encouraging.

    I do know the PT has public liability cover up to 2 million, so he is covered, and this is personal insurance, or I am assuming he has as this is again stated within his contract.

    I guess next steps involve engaging with the right solicitor and focusing on my recovery as this is really quite over whelming at the moment re pain management etc.

    Kind regards,

    Robert

    Leave a comment:


  • jaguarsuk
    replied
    It doesn't matter that the contract wasn't signed, by the performance of his obligations under it (doing 5 sessions with you) you have both entered into the contract and the T&C's apply.

    He has been negligent in failing to conduct the medical assessment and that has resulted in the medical issue you now have, had he taken more reasonable care to carry out his full duties he would have known to avoid the kind of exercise you engaged in.

    I would say that you probably have a very good case, you'll need to see a personal injury solicitor and the only thing I would caution is that he is self employed, so before you go potentially racking up bills on solicitors (some do no win no fee, but if he can't pay their terms will bang the costs on to you) does he have public liability insurance, which he should if self employed then excellent, but if not consider what the likelihood this guy can pay any judgement is?

    Was he recommended by the gym? If so they should insist that he has public liability insurance to operate on their premises, so if he doesn't a solicitor might be able to advise if there's a claim against the gym.

    Leave a comment:

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Working...
X