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personal injury

 


experience

The following sets out some examples of FSP’s experience in personal injury cases. The matters are described in general terms to protect confidentiality. The list is not intended to be exhaustive, but illustrative. Our specialist lawyers have an extensive range of experience in advising in this field. Please contact us for further information.
 


Occupational claim

Rare claim for damages on behalf of a medical sales employee who contracted HCV through a needle stick injury during the course of his employment between 1990 and 1995. The history of the Claimant’s other employments within the medical sales industry and his personal relationships had to be fully investigated, and although breach of duty was conceded once proceedings had been commenced, causation was always in dispute, the risk of contracting HCV through this means being just under 1%. The medical issues were complex and the expert hepatologists on each side could not agree on causation. The case was really suitable for a provisional award for damages, but in view of the risk of losing at trial, the Claimant settled on a pragmatic basis for £24,000 one month before trial.
 

Clinical negligence

Damages for a widow in respect of her husband’s death in hospital following a conventional cholecystectomy and an ERCP, following which the patient developed acute pancreatitis. The hospital failed to monitor the patient properly, to arrange CT scans or to transfer the patient to a specialised unit for treatment, as, if they had done so, the deceased would have had a 50% chance of survival. As a result of the failure to transfer and facilities to treat the condition, he died. The case was settled within a month of the service of proceedings, because the dependancy claim was small. The settlement here was £25,000.
 

Head injuries

Grievously injured adult male struck by car whilst walking across a dual carriageway of a trunk road in the countryside at night when drunk. The client had no recollection of the accident and the only witnesses were the driver of the car which struck him and his wife, who claimed that the accident was unavoidable. The Solicitors initially consulted by the parents advised that the client had no claim. Following enquiries and instruction of accident investigator the Defendants insurers agreed liability at 45% and settlement of liability was approved by the Court on this basis. Quantum presented difficulties including assessing whether care regime would continue indefinitely free of charge, what provision should be made for future care and a loss of earnings of a young man (18 at the time of the accident) who had just embarked on what appeared to be a profitable line of employment. Claim settled and approved by Court at £1,000,000 net.
 

Adult male aged 23 sustained multiple life threatening injuries when car in which he was travelling as a front seat passenger, driven by the Defendant, was involved in a high speed collision. An issue was raised as to the Client’s contributory negligence in accepting a lift from the Defendant, when the claimant allegedly was aware that the Defendant had consumed alcohol to an extent that it impaired his driving ability. Direction made for split trial on liability and quantum, resulting in judgment for Client on liability at 90%. Client’s injuries included a head injury and resulted in it being unlikely that he would work again and his requiring long term support. Significant disagreement between experts as to extent and duration of that support. Application for interim payment to fund Client’s support opposed but interim payments of £150,000 secured. Claim settled one month before one week quantum trial at £1,350,000 gross.

Application for interim payment to fund Client’s support opposed but interim payments of £150,000 secured. Claim settled one month before one week quantum trial at £1,350,000 gross.