Success for Mark Hambling in psychiatric injury case

25th Apr 2018

In a climate where the government and insurance industry continue to argue that personal injury claims are straightforward, that many claims are overstated and that the claims are simple and should be dealt with on the small claims track without lawyers, it is important to emphasise the real benefits that expert legal advice brings to a personal injury claim.

I was pleased to receive the praise and gratitude as a clear endorsement of my expertise and commitment, but also as clear evidence of the benefit that expert legal advice brings to a personal injury claim. An extract of the client’s praise is set out below:

“We would like to take this opportunity to thank you and your team. Due to your hard work, dedication and support we now have means to rebuild our lives and give the boys a better future. Without you helping us this would have been impossible, we will be forever grateful to you for this. Once again thank you Mark for everything”.

I was instructed on this claim three weeks before the third anniversary of the accident. Had Court proceedings not been commenced by that deadline the case would have been prevented by statute and more likely than not proceeded no further. In advance of consulting me the client had spoken to three firms of solicitors all of whom had declined to take the case on, fearful that the case did not have sufficient prospects of success.

The case was complex and had many complications. The accident occurred approximately 18 months before the Claimant first sought medical attention for his injuries. The issue of liability for the accident was not admitted and there were significant challenges as to the extent to which it was felt that the injury had been caused by the accident.

The case had two experts with competing views. For the Claimant the evidence was that all of the injuries linked back to the accident and that these injuries would have a long-term effect upon the Claimant’s ability to work, earn and therefore provide for his family. At the other end of the spectrum, the Defendant’s expert felt that the injuries may have had a cause other than the accident and therefore it was simply coincidental that the Claimant had not been able to work. It was also noted that the Claimant did not take any time off work until approximately four months post-accident and sought medical attention for 18 months post-accident.

Through the team’s perseverance and building a strong case on both the liability and medical causation, linking the injuries to the accident, a settlement was negotiated at a significant six figure sum.

It was a privilege to accept instructions in this case and as an expert personal injury lawyer and Senior Litigator accredited with the Association of Personal Injury Lawyers I was keen, notwithstanding the tight time scales, to progress this case. Despite the view of previous solicitors it was clear to me that the case was one which had prospects of success. The case had many issues throughout in particular as regards to establishing the cause of the injuries and in turn the loss of earning. By using the most appropriate experts and presenting the case at its best level it has been a pleasure to work with the Claimant and to achieve a successful outcome and provide the whole family with a better future.

I am a Senior Litigator accredited with the Association of Personal Injury Lawyers and a director in Rogers & Norton’s Personal injury and Clinical Negligence Department. My telephone number is 01603 675611 and email is

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