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NYF recover £170,000 for accident victim 

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Changes to "no win, no fee" cases in England and Wales announced by Justice Secretary
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Case Studies
 

Case A - Road Traffic Accident


We acted for Mrs R following a road traffic accident in February 2008.

She was 43 at the time of the accident and had a good job as a Compliance & Information Security Officer working full time.

Our client’s vehicle was hit in the rear by the defendant’s motor vehicle. Liability was admitted.

As a result of the accident, Mrs R sustained multiple injuries. Her physical injuries were to the shoulders, neck and back with pain radiating into the right hip, groin and thigh. Within 10 days of the accident she had an episode of vertigo and had bouts of dizziness, nausea and vomiting and ringing in her ears (tinnitus,) all of which affected her balance.

The tinnitus in both ears worsened and by November 2008 she had experienced a severe hearing loss in the right ear making the vertigo worse and prevented her from returning to work. As a consequence of her problems, she also became depressed.

After extensive treatments dealing with her physical problems including operations to the shoulder and various treatments in relation to the hearing issues, the claim settled prior to issue In March 2011.

The client received £77,000.00 in addition to the insurers paying the DWP Benefits and over £20,000 worth of treatment to BUPA.

 
 

Case B - Accident at Work


We acted for Mr W, a site foreman, who was involved in an accident at work on the 25th January 2005.  Mr W, who was aged 49 at the time of the accident, sustained a crush injury to his left heel, a fracture of the left collar bone and broken ribs when a steel cylinder was dropped and hit him on site.  Mr W was unable to return to his pre accident employment as a result of the accident and was only capable of a sedentary part time office type role.

An out of Court settlement of £275,000.00 was reached in May 2010.

 
 

Case C - Previous Accident at Work


Mrs X had an accident at work in January 2006 and came to see us in March 2009, having just been told by the firm recommended by her Union that there were insufficient prospects of success to merit pursuing her claim further.  She wanted a second opinion.

Fortunately, the previous Solicitors had issued a basic Claim Form, thus preventing the claim from lapsing at 3 years post accident.  This left two months to obtain medical evidence, draft full pleadings and serve the Summons.

We believed the claim had prospects of success and our nominated barrister agreed. We secured a medical appointment and a report very shortly thereafter. The pleadings were drafted and served in May 2009, 4 days before the deadline.

In March 2010, we agreed settlement of the claim at £75,000.

 
 

Case D - Accident on a Construction Site


We were approached by a concrete pump operator who had suffered two simple accidents while working on a construction site. Both accidents took place within a month of each other and each led to very similar injuries – a ruptured tendon in our client’s arm.

After the second injury, our client found himself unable to work with potentially disastrous financial consequences for him and his family. The employers were not responsible for the first accident and it was crucial therefore to be able to establish that it was the second accident that led to our client being unable to work.

We were able to find a suitable medical expert who was able to distinguish between the two accidents and confirm that it was the second accident that caused the more serious injury preventing our client from working. From this we were able to recover £100,000 in compensation for our client and his financial pressures.

 
 

Case E - Exposure to Asbestos


We were asked by Mr C to take on his claim for compensation arising out of his exposure to asbestos in the late 1950s. He had previously been represented by a leading north-west firm who had advised him that they did not believe his case would win.

We arranged for him to be seen by a medical expert who prepared a report confirming that his breathing difficulties were due in part to his history of working with asbestos. We also obtained a report from an expert engineer who confirmed that his former employers had failed to take adequate care for his safety by the standards of the day.

After issuing court proceedings on his behalf, the Defendants eventually agreed to attend a settlement meeting, at which we secured a settlement for him of £125,000.