InsightsClient Story - Personal Injury - POSTED: February 3 2023
Successful ‘no win, no fee’ claim as client wins 20 times more compensation than originally offered
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Brachers has successfully secured compensation for a client who tripped over a pothole in Maidstone, Kent. This settlement was 20 times more than the sum offered when our client first approached the local authority.
Summary of the case
The claimant, Mrs S, had been walking to work when she fell due to a pothole in the road. Having sustained considerable injuries, she approached Kent County Council directly for compensation.
Although the council’s insurers accepted they had breached their duties to maintain the highway, thereby accepting primary responsibility for the accident, they argued that Mrs S was partially responsible because she failed to see the hole – despite the accident occurring on a dark morning, with low light.
Natalie Marsh, a legal executive in Brachers’ Personal Injury team, took on the claim after Mrs S sought advice on an offer she had received from the council’s insurers. By this time, the council had already obtained their own medical evidence, which was not fully supportive of all the injuries the claimant felt were caused by the accident.
Natalie carefully considered the evidence and recommended to Mrs S that further reports were obtained from specialist medical experts. These provided more supportive medical evidence, detailing the nature of our client’s injuries, and separating out the effects of a pre-existing, underlying condition and the weakness in her ankle caused by the accident.
The updated medical reports also highlighted the treatment required to alleviate ongoing difficulties that Mrs S experienced, which impacted both her work and home life.
Court proceedings were issued, to protect the claim from becoming statute barred, and to allow more time to carry out the necessary enquiries. A detailed schedule of loss was prepared to document all the losses Mrs S had suffered because of the fall. This was followed by a conference with one of the medical experts and a barrister, to test the strengths and weaknesses of the evidence.
We advised Mrs S to put forward a new offer to the council, which was considerably higher than the one she had first received. In response, they made a five-figure counteroffer. Taking into consideration the risks of the claim highlighted in the conference, our client chose to accept the offer, avoiding the need for a trial.
Mrs S was highly satisfied with the outcome of the claim and was grateful to Brachers for helping to ensure her compensation was reflective of the significant injury she had suffered.
Points to remember
Those seeking compensation without legal advice often receive lower offers than they deserve. By instructing Brachers, our client was able to ensure she received a fair settlement. We would always recommend seeking independent legal advice on any offer you receive.
How can we help you with a personal injury claim?
Natalie Marsh is a qualified legal executive and an Associate of CILEX with over 30 years experienced in handling compensation claims. She specialises in handling liability claims and accidents at work that fall within the multitrack (with a value in excess of £25,000) on a no win, no fee basis.
If you have suffered an accident and would like to know more about pursuing a personal injury claim, book a 30-minute virtual appointment with our team to find out more about how we could help you. Alternatively call our dedicated, experienced team of personal injury and industrial disease claims lawyers on 01622 680402.
This content is correct at time of publication
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