advice please

[cbbella]

hi, this is my back story: in August 2020 I was in a local pub. I went to the toilet and as I was exiting the cubicle my right foot slipped forward on the wet tiled floor, it then gripped and my weight went forward which caused my knee to hyper extend/bend back over. I collapsed in agony in a heap on the wet floor and couldn't get up. a couple of lads came in and carried me back to my seat. I ended up going to hospital and a few weeks later I had an MRI scan where it revealed that I had completely snapped my medial ligament (MCL) and had tears in my anterior (ACL) and posterior (PCL) ligaments and in my meniscus cartilage.

there was no wet floor signs in the toilet

in December 2020 I went for an operation to fix my knee but on the morning of the operation the surgeon said there was a faulty tool and there was no spare tool so he could only fix my MCL that day and I would have to come back. he done this by way of a hamstring graft from the back of my right leg.

I then went back in February 2021 for my 2nd operation when he fixed my ACL and PCL by taking a hamstring graft from my left leg and a patellar tendon graft from my right knee.

I had been in severe pain since my 1st operation and in April 2021 it was discovered that a screw had become loose and needed removing which meant I had to have a 3rd operation.





now onto the current situation: I made a compensation claim against the defendant (the pub) with a local solicitor firm on a no win no fee basis. around June 2022 I received a letter from my solicitor telling me they were looking to get between £11,000-£14,000 for my injuries.
in August 2022 I received a letter saying the defendant has admitted liability and has made an offer of which I’ll receive £6,100 after deductions and that I should accept it. the reason being that if I didn't accept it and it went to court to try and get more compensation and I lost then I would be liable for court costs because it was me who would have initiated court proceedings. but my solicitor said if they initiate court proceedings then they would be liable for costs.

I signed and accepted their offer and thought that was the end of it.

in December 2022 I received a letter saying the defendant wanted to go to court because they thought in some way that it was my fault that I had slipped and that I hadn't been careful enough to stop myself from slipping on the wet floor. the letter also stated that I would have to pay any court costs if I lost even though the other party had initiated court proceedings

I thought to myself how can they do that when they have offered me a settlement and I have signed and accepted it.

in January 2023 my solicitor received a defence letter from the defendant following commencement of court proceedings

I signed and returned the letter saying okay lets go to court.

in February 2023 I received a letter saying the defendant had made an offer through a legal procedure known as "Part 36" and are now only willing to offer £3000 after deductions to which my solicitor advised me not to take.

yesterday (4th March 2023) I received a letter that the defendant is now offering £4,450 after deductions. the letter states that the defendant considers me to be %25 to blame for the accident in that I did not have care for my own safety (this is called contributory negligence). My solicitor says the courts often award a level of contributory negligence in slipping cases.
my solicitor is advising me to take this offer.

can anyone advise on why the defendant can offer £6,100 then renege on that offer after I had signed and accepted it and also can anyone offer advice as to what I should do next. I have seven days to respond and sign the form so my solicitor can write a written response back to the defendant within 21 days

[sandfordboy]

Going back to the original accident.When you first entered the Toilet area where you aware the floor was wet outside of the cubicle? Are you saying the floor became wet after you entered the cubicle & you had no knowledge of the wet floor until you slipped? Do you have a professional prognosis for your ongoing recovery & longer lasting issues arising from the injury?

[cbbella]

I was aware that the floor was wet outside and inside the cubicle. Yes I've seen an independent doctor and had independent physio sessions who have deemed that I will have only minor niggles in the future although my surgeon said I will definitely have arthritis of which I am already starting to feel the effects of as some days it is really stiff and I walk with a limp sometimes. I'll be 56yrs of age next month in April

[Manxman]

1. Have you asked your solicitors why - if the defendant offered £6100 after deductions and you accepted this offer - they allowed the defendant to withdraw the offer? Did they not inform the defendant that you had accepted the offer?

2. If you were aware that the floor was wet when you entered the toilet, a court might well find you contributorily negligent.

[cbbella]

1. he told me their initial offer was given but then they hadn't taken into account the cost of my benefits that they wanted deducted, ( I wasn't working and I wasn't claiming any benefits at the time of the accident, after the accident I claimed employment and support allowance benefit which he told me the defendant didn't want to pay) he said he told them my benefit payments have nothing to do with my claim as I wasn't claiming for loss of earnings and he said they couldn't quite grasp it. I have no clue as to why the defendant brought my benefits into this as it has no bearing on the situation.

I have now listened back to the call recording of our phone conversation and have come to the conclusion that the defendant had made an offer that my solicitor thought was unsatisfactory and that the letter he sent to me saying sign this was actually from my solicitors saying if you're happy with this amount sign it and we'll counteract their low ball offer and we'll ask for this amount and hopefully they'll agree to it which is not how I read the situation at all.

I've also logged into the web portal and looked at the timeline of documents and there's no record of that document at all. I've misplaced my copy of that letter so I can't recall the exact wording

2. I was aware the floor was wet when entering but how does that make me negligent in some way. its like when its been raining outside and you leave your home, you go out and know the ground is wet but you just carry on walking. they only time you would be super extra careful was if it was icy or muddy then you would take smaller steps