Associate solicitors, David Sears and Joanne Poynton, successfully negotiated a settlement in excess of £4,000,000 in compensation for our client, Aaron*, having taken over conduct of the claim shortly prior to proceedings being started. Aaron’s wife commented:
‘Just wanted to say a massive thank you for your dedication and support you have given to myself and my husband…Words cannot express how grateful and blessed we feel to have had you and your team working so hard for us. Your guidance and support will stay with us forever and we thank you from the bottom of our hearts.’
Aaron came to Minster Law from another firm of solicitors following a car accident which saw him suffer an incomplete spinal cord injury to the cervical spine at C3-4. Aaron was classed as C1 AIS D. Aaron also sustained further injury to his spine and underwent multiple surgeries to his spine. Aaron had suffered multiple other injuries and went on to develop an arachnoid cyst on his spinal cord which required further surgery. Whilst Aaron had made some good progress in his early rehabilitation his progress stalled, and his condition deteriorated over time.
At the time of taking over conduct shortly prior to limitation expiring, little in the way of expert evidence had been obtained. A multidisciplinary rehabilitation team was in place and David and Joanne worked quickly to ensure that funding for rehabilitation continued by securing interim payments and by instructing leading experts to provide evidence. David and Joanne worked closely with Aaron and his wife and met with them regularly in person and ‘virtually’ to ensure that swift progress could be made.
Aaron had significant pre-existing orthopaedic issues which needed to be investigated as well as the cause of the cyst and his life expectancy.
The defendant’s representatives had admitted primary fault prior to conduct being taken over from the previous firm of solicitors but issues of contributory fault in relation to speed and the failure to wear a seatbelt had been raised.
Evidence from over a dozen experts including a consultant in spinal cord injury, neurosurgery, urology, psychiatry, pain medicine, care and occupational therapy, accommodation, physiotherapy and assistive technology were obtained and agreement was reached with the defendant’s representatives to proceed to a joint settlement meeting. Evidence was also obtained in relation to the collision and we instructed an accident reconstruction expert to advise on the issues raised by the defendant’s representatives in relation to liability.
With the benefit of evidence from specialists further opportunities for rehabilitation were identified to include the use of a Keeogo (a powered knee orthosis) which helped Aaron to walk more quickly and further rather than relying on his wheelchair or walking very short distances over a prolonged period.
David Sears said: ‘This was a complex case due to the need to obtain evidence quickly and to make sure that further rehabilitation opportunities were identified alongside consideration of further aids, equipment and the need for suitable accommodation to maximise Aaron’s independence.’
The settlement meeting took place around a year after David and Joanne were instructed and compensation of more than £4,000,000 net of contributory fault was agreed. Aaron and his wife were delighted with the settlement that had been achieved, commenting:
‘We have been given a whole new outlook on life and for the first time in almost four years I think I’m actually breathing. Forever thankful.’
Joanne Poynton commented: ‘This was a wonderful result for Aaron. There was a lot of work to be done in the year that we had conduct of the claim and it was a testament to our team approach that we were able to bring together the evidence needed in order to achieve settlement’.
*The client’s name has been changed to protect identities.