Successful outcome in take-over claim following serious road collision

Emma Hall settled a road traffic accident claim for Anna* after Anna requested Emma takeover her case following lack of progress with previous solicitors.

Anna had received no private rehabilitation and in three years had only received one small interim payment. She was in chronic pain, suffering from anxiety and depression, and was struggling financially.

One Part 36 offer had been made in the case, and Anna had been advised to take the offer. Liability was not in dispute, and hearing of Anna’s difficulties and lack of progression in her case, Emma agreed to take over the claim.

Emma had to act quickly. Directions needed to be agreed almost immediately and that meant Emma needed to make a quick decision as to what expert disciplines would be needed. Multiple reports had been obtained from an orthopaedic expert and a psychologist but in view of Anna’s chronic pain disorder and associated PTSD, Emma quickly deduced that reports from a pain management consultant, psychiatrist and a care expert would be instrumental in assessing Anna’s prognosis and future needs.

The subsequent reports confirmed Anna suffered from chronic post-traumatic pain and chronic widespread pain in multiple areas, primarily organic but made worse via a large psychological component. This took the case from one of a simple orthopaedic fracture and soft tissue injuries, to a chronic pain case with a guarded prognosis. 

On service of expert evidence, the parties agreed to engage in a Joint Settlement Meeting. Prior to the meeting, the Defendants attempted to rely on surveillance evidence to compel Anna to accept the Part 36 offer made earlier in her claim without the need for a settlement meeting.

Emma successfully refuted the importance of this evidence which did not show Anna doing anything she had not said she could do. The Defendant’s conceded and damages secured more than five times higher than the original offer she was told to accept by her former solicitors.

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Contact us

For further information about road traffic accident claims and personal injury claims, please call Emma Hall on 0330 460 6754 or email emma.hall@fieldfisher.com.

Alternatively

• You can speak to our personal injury lawyers on freephone 0800 358 3848
• e-Mail them at personalinjury@fieldfisher.com
• Complete the short online enquiry form

All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.

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