Compensate Network case studies
Not afraid to litigate
Mrs T went to her local Solicitor after a road traffic accident.
She had been stationary in a row of traffic when a reckless driver had tried to overtake the queue of traffic. The driver collided with her vehicle.
The local Solicitor was comfortable with liability but wanted help with valuing the claim. He received an offer of about £50,000 and was considering recommending it.
Digby Brown offered to look at the file on a no obligation basis and the local Solicitor passed the file over. It was felt that £50,000 was too low and a court action was raised under Compensate funding. Outlays of over £4,000 were incurred.
Mrs T had significant injuries to her lower limbs. She had lost about half her knee and her foot had multiple fractures and her toes had a tendency to claw. She had tried to return to work as a Business Manager but ultimately had to give this up. One of the most upsetting things for her was that she could no longer dress up by wearing high heels.
The case ultimately settled for £300,000 by negotiation. The local Solicitors received a success fee of just over £4,300. They also received a share of the judicial expenses.
Ability to employ experts
Mr P had attended his local Solicitor following an accident at work where he had been struck on the head.
His local Solicitors did not refer him to Digby Brown. Mr P was offered £10,000. His Solicitors were suggesting that they go back and try and negotiate for a figure of about £14,000.
Mr P wanted a second opinion and came to Digby Brown. Mr P had sustained a severe brain injury. Physically he looked well but had serious problems with concentration, memory loss and fatigue.
An action was raised on his behalf. Numerous medical experts were instructed and the outlays involved in properly preparing and running the case were in excess of £9,000. Liability was agreed on a 50/50 basis.
The case settled on the morning of the Proof after extensive negotiations at £300,000.
1600% rise on original settlement offer for McDonald's employee
Ms S (19 months) suffered a minor burn to her left foot following a cup of tea being spilled on her by an employee of McDonald’s. There was no swelling or blistering and the redness on her foot cleared up after 2 weeks.
Our CPIN Referrer instructed a report from the General Practitioner and intimated the claim to McDonalds with the report and photographs. The claim was investigated by Finch Legal Solicitors and shortly afterwards an admission of liability was received with an offer of £500.
The CPIN referrer asked us to consider the case further as Ms S began to suffer psychological symptoms in particular anxiety on the sight of paper cups.
We instructed a Consultant Psychiatrist who specialised in treating young children. He noted that Ms S suffered from sleep disturbance, frightened behaviour if she sees steam from a kettle. Ms S then reverted back to using nappies at night time despite being toilet trained prior to the accident and using a baby cup for drinking.
It was our expert’s opinion that Ms S sustained an Adjustment Disorder with predominant disturbance of emotions. It was his view that given her young age, it was likely that she would not suffer any permanent psychological damage arising from the accident.
The valuation was forwarded to Finch Legal requesting their offer in settlement. No response was received and a Court action was commenced.
During the time of service the Solicitors then sent correspondence to us advising that they would offer to settle this case at £8,400. Instructions were received from the client to accept this award. On what looked like a rather routine low value case we were able to get a 1600% rise on the original offer.
A good example of how the right expert can add considerable value to a case.
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