Personal Injury Case Study: Perseverance pays off resulting in a swift and sensible settlement
Background:
Mark Hambling, an experienced Personal Injury Solicitor with over 30 years in the field, acted for our client, a cleaner in a care home who suffered significant lower-limb injuries after falling down a faulty lift shaft. The circumstances of the accident were not entirely clear, and there were potential arguments from the care home, suggesting contributory negligence.
Challenges and considerations:
From the outset, Mark was able to appreciate and advise our client of the potential challenges, particularly the risks of contributory negligence having regard to the evidence, explaining the issue clearly to the client during the first meeting.
Client-centric approach:
It was clear from an early stage in the case that the clients desire was to avoid a prolonged litigation process and as a result Mark and his team adopted a client-centric approach to achieve the client’s goal. Whilst the normal advice would be to gather full medical evidence before committing to a settlement, Mark recognised the client’s wish for a swifter conclusion. The team focused on achieving a balance between the client’s need for a swift conclusion and the legal requirement to thoroughly assess the case to achieve a favourable outcome.
Utilising experience and knowledge:
Mark’s extensive experience and legal knowledge played a crucial role in navigating the complexities of this personal injury case, focussing on achieving the client’s goal. Mark and his team were able to advise the client at an early stage, referring to medical records and collaborating with her to anticipate the progression of her injuries and explain a likely range of valuations. This approach allowed them not only to estimate the value of the injuries but also to project future costs, such as potential surgery, ongoing care and accommodation needs.
The settlement:
Having explained the likely spread of valuations and understanding how contributory negligence could apply and the likely levels of any findings, Mark had the experience to engage with a pragmatic and sensible insurer to achieve the early settlement in line with the client’s instructions. Mark’s team leveraged their expertise to present a well-founded assessment of the client’s case, considering contributory negligence and potential future costs. The insurer’s willingness to explore early settlement options aligned with the team’s approach, allowing the client to receive a substantial sum in damages without a lengthy litigation process.
Conclusion:
This case demonstrates how perseverance, coupled with legal expertise, many years of experience and a client-centric approach, can lead to a swift and sensible settlement. Mark’s ability to balance the legal intricacies, advise on contributory negligence and provide early insights into the case’s valuation ultimately allowed the client to achieve a favourable outcome aligned with her needs and expectations.
Mark’s client said: “Mark made me feel very comfortable and explained things clearly, giving me confidence to make decisions. I am grateful for the support Mark gave me throughout.”
Rogers & Norton’s talented and knowledgeable Personal Injury team have many years’ experience handling all types of Personal Injury cases, ranging from modest accidents to cases of the upmost severity that have had a life changing impact on the claimant and fatalities with large dependency claims. For more information, visit our Personal Injury service pages or to arrange an appointment for a free initial discussion, please contact us by calling 01603 666001 or emailing enquiries@rogers-norton.co.uk.