Personal injury solicitor Simon Helliwell has secured a £325,000 settlement for a client who suffered significant and permanent injuries in a serious road traffic accident.
The client approached Ison Harrison following a recommendation from a relative after she and her family became concerned about the advice she had received during the handling of her claim by her former solicitors.
At that stage, an offer of £110,000 had already been made by the defendant’s representatives and her former solicitors had recommended that she accept it.
Following a detailed review of the case, Simon identified that the medical evidence obtained to date did not provide a complete picture of the client’s injuries, their permanent effects or the impact they were likely to have on her future.
A Serious Road Traffic Accident
Our client was a passenger in a vehicle involved in a head-on collision with a Range Rover.
She suffered significant injuries in the accident and subsequently developed osteoarthritis as a direct result of those injuries. The long-term effects also meant that she was more suited to sedentary or semi-sedentary types of work.
Before coming to Ison Harrison, her claim had been handled by another firm of solicitors. A generic orthopaedic medical report had been obtained and the claim had initially been placed onto the electronic portal used for lower-value personal injury claims.
Offers were subsequently invited from the defendant’s representatives despite the medical evidence not yet being complete.
Concerns About the £110,000 Settlement Offer
A Part 36 offer of £110,000 was made by the defendant’s representatives, which our client’s former solicitors recommended she accept.
A Part 36 offer is a formal offer to settle a claim and can have important consequences in relation to legal costs if it is rejected. This meant that, by the time our client approached Ison Harrison, she was already in a difficult position.
If she rejected the £110,000 offer and ultimately failed to achieve a better outcome, she could potentially face significant costs consequences. However, accepting the offer would bring the claim to an end before the full extent of her injuries and future needs had been properly explored and identified.
Simon carefully explained the options and potential risks to our client, enabling her to make an informed decision about whether she wanted to continue with the claim.
Having considered those risks, our client decided not to accept the offer and instructed Ison Harrison to continue pursuing the claim on her behalf.
Building a Clearer Picture of the Client’s Injuries
Simon considered that further specialist medical evidence was necessary to properly assess the impact of the accident.
Rather than relying solely on the existing generic orthopaedic report, Ison Harrison arranged for the client to be examined by a team of three specialists:
- a specialist foot and ankle expert;
- a specialist wrist expert; and
- an orthotics expert.
This evidence helped to build a more comprehensive picture of the permanent nature of the client’s injuries and how they were likely to affect her in the future.
In serious personal injury claims, obtaining the appropriate medical evidence can be crucial. Compensation is not based simply on the injury itself. The long-term consequences of an injury, including its impact on someone’s ability to work, the treatment or surgery they may require and the practical assistance they may need in everyday life, can all form part of the overall value of a claim.
£325,000 Settlement Secured
Following the additional medical investigations and further negotiation, Simon secured a net settlement of £325,000, almost three times the amount of the Part 36 offer our client had previously been advised to accept.
The settlement included compensation not only for the injuries themselves, but also for their wider and longer-term financial consequences.
This included provision for future loss of earnings, the disadvantage the client may face in the open labour market because of her injuries, future surgery and treatment, future orthotics and assistance with gardening and DIY.
The case demonstrates why it can be important to understand the full extent and likely long-term impact of a serious injury before reaching a final settlement.
Once a personal injury claim has been settled, it is not usually be possible to return at a later date for further compensation if an injury proves more serious or has a greater long-term impact than originally anticipated.
Simon’s client said:
“I cannot recommend Ison Harrison highly enough. From the very beginning, they have been incredibly caring, understanding and supportive throughout my claim. They have made what could have been an extremely overwhelming and difficult process feel so much smoother and more manageable.
“What I have appreciated most is the way they have handled my case with genuine compassion. They have taken the time to listen to me, understand what I have been through and help me work through the claim without making me feel pressured or overwhelmed. They have never made me feel like just another case or rushed me through the process, and importantly, they have been mindful of not adding to the trauma I was already dealing with.
“Before coming to Ison Harrison, my experience with my previous solicitors was very different. I often felt belittled and as though I was being rushed into accepting an amount simply because I was young. I was made to feel as though I should just accept what was being offered, despite it not being sufficient in relation to the injuries and impact I had experienced.
“Moving to Ison Harrison was the best decision I could have made. They treated me with respect, listened to my concerns and made me feel that my case genuinely mattered. They gave me the reassurance that I needed and helped me feel confident that my injuries and experiences were being taken seriously.
“I am incredibly grateful for everything they have done for me. Their professionalism, kindness and understanding have made such a difference during what has been a very difficult period. I would wholeheartedly recommend Ison Harrison to anyone looking for solicitors who genuinely care about their clients and understand that behind every claim is a person going through something difficult.”
Can I Change Solicitors During a Personal Injury Claim?
If you are already pursuing a personal injury claim but are unhappy with the way it is being handled, you may be able to change solicitors.
There can be a number of reasons why someone considers transferring an existing claim. You may be concerned about the advice you have received, feel that communication has been poor or simply want a second opinion before making an important decision about your case.
Ison Harrison regularly takes over personal injury claims from other solicitors, as well as cases where the original firm has left the personal injury market.
Changing solicitors does not necessarily mean that something has gone wrong with your existing claim. However, if you have concerns, obtaining specialist advice can help you understand your position and the options available to you before deciding what to do next.
Simon Helliwell acts for clients across a wide range of personal injury claims, from relatively straightforward cases to serious and complex injury claims.
If you would like to discuss a new personal injury claim, or have concerns about an existing claim being handled by another solicitor, contact Simon Helliwell on 0113 284 5048 or simon.helliwell@isonharrison.co.uk.
