Our client during the course of his work suffered a partial amputation to two of his fingers. His employer’s Insurer admitted primary liability but alleged contributory negligence.
Matthew Claxson, partner in the serious injury team act acted on behalf of the brave client whose case we settled at a contested Joint Settlement Meeting.
The Insurers initially engaged in rehabilitation under the Rehabilitation Code 2015 but pulled out once the Case Manager was making sensible recommendations for functional prosthetics and silicone digits. We therefore pressed on alone with rehabilitation.
We secured from the Insurer an interim payment that was used by our client to fund the purchase of functional prosthetics and silicone digits.
The Insurer made low offers in an attempt to settle the case that were rejected. The Insurers instructed Solicitors who then made greater Part 36 offers but still too little and were rejected.
A Joint Settlement Meeting was organised where the Defendant the day before The JSM served several “desk top” expert reports seeking to imply that our client did not need either functional prosthetics or silicone digits.
The JSM took place by video conference where the Defendant reluctantly accepted our clients need for the functional prosthetics but held their denial on the cosmetic silicone digits.
Negotiations reached a stage during the day where we communicated to the Defendant, we would have to leave negotiations as the silicone digits were a red line for our client. The Defendant then put forward a better offer open for acceptance for 60 minutes which if not accepted would be withdrawn and a lower written Part 36 Offer made. Our client bravely rejected the time limited offer and made a final greater counteroffer of his own which the Defendant accepted thereby conceding our clients need for silicone digits.
I was particularly impressed by our client who had already prior to the JSM purchased both the functional prosthetics as well as the silicone digits and was clear he would continue to purchase them in the future should sufficient damages be secured. He followed not only our advice as well as recommendation, but he bravely rejected the Defendants time limited offer to go on to secure a good settlement.
Matthew Claxson
This case demonstrates that you can secure excellent outcomes even where faced with adversity when you have an excellent team on the case. My thanks to our expert prosthetist David Hill, our Barrister David White”, and our team at Moore Barlow, Amy Adair and Matthew Claxson.
If you have suffered a serious injury then please get in touch to discuss how we might help. Email: matthew.claxson@moorebarlow.com or call 07715 700 901
