Moore Barlow are pleased to have recently secured settlement (and subsequent approval) of an award for a pedestrian who sustained serious injuries after crossing the road on her way home from work in December 2021. This case demonstrates the important of choosing a specialist serious injury solicitor.
Case Background
Moore Barlow were instructed around 2 years post-accident having taken over from the previous solicitor whom unfortunately, the family lost faith in and it was subsequently revealed that they had been a costs specialist with very little experience in serious injury cases.
Primary liability was admitted from a very early stage in the proceedings but contributory negligence was a live issue throughout and was ultimately agreed at 2/3 in the Claimants favour.
Medical evidence and complex presentation
Over the course of the first 2 years, the only evidence which had been obtained was an orthopaedic report but given the Claimants complex presentation and multiple injuries, it was important that a full range of expert opinion was obtained and this meant instructing experts in the fields of neurology, neuro-radiology, neuro-psychiatry, neuro-psychology, specialised orthopaedic and care/occupational therapy.
It was agreed between the Parties neurologists that the Claimant sustained a head injury at the time of the index accident but it was also agreed that, even though the Claimant was continuing to display ongoing cognitive difficulties and lacked capacity, there were other factors at play and the ongoing issues were more likely psychiatric in nature rather than organic brain injury. Pain from the Claimant’s non-union leg fracture was also a contributing factor
Claimant rehabilitation
Throughout the Claim, the insurers were very engaged in the Claimant’s rehabilitation and they funded a significant amount of treatment which, given the potential for a reduction from contributory negligence, was of significant importance for the Claimant.
The outcome and settlement
Over the course of a year, the specialist team at Moore Barlow were able to secure the evidence required in order to have a settlement meeting with the Defendant and their insurers prior to the expiry of the limitation period. Settlement, subject to Court approval was reached at that settlement meeting.
Given that there was a dispute in relation to the Claimants capacity to litigate and manage their finances, Court approval was sought by the Claimant on the basis that she was a protected party. The settlement figure was significant given the Claimants injuries and the award will allow the Claimant to continue to access Rehabilitation as and when required with the support of her family.
Tim Kirfield, a Senior associate acted on behalf of the Claimant in this case and comments as follows:
It is so important to ensure Claimant’s in these types of case are represented by specialists in this field as they can very quickly become complex and it is crucial that the best outcome is achieved to ensure that there is no under settlement. I am so pleased the family reached out to Moore Barlow for help when they did and we were able to secure a fantastic result for the Claimant and provide support for her and her family when they needed it most.
At the settlement meeting and the Approval Hearing, the Claimant was represented by Mr Andrew Evans of St Philips Chambers.
Why choose Moore Barlow as your personal injury lawyers?
We go beyond mere legal representation. Our commitment to pursuing the highest compensation available and our empathetic understanding of your needs distinguish us in the world of personal injury law.
Our dedicated team of personal injury lawyers has built a reputation for excellence through countless successful serious injury claims. When you choose Moore Barlow, you don’t just get lawyers – you gain advocates and partners on your path to recovery.
