20th December 2016
Anthony Johnson (instructed by Steven Akerman of Brian Barr Solicitors) represented the Claimant and Richard Wilkinson (instructed by John Lezemore of DWF LLP) the Defendant in this complex personal injury claim in which liability, causation and quantum were all heavily disputed. The matter eventually settled in the gross sum of £230,000 at a Joint Settlement Meeting that took place on 13th December 2016.
The Claimant, a 51-year-old Enablement Support Worker, suffered injuries in a road traffic accident that took place on 24.01.12; both parties alleged that the other was at fault. Whilst the Claimant initially experienced symptoms consistent with a whiplash injury to the neck, she went onto develop widespread pain to the rest of her body that eventually became so severe that she required a wheelchair for much of the time. The medical expert evidence relied upon by the Claimant from a Consultant Rheumatologist and a Consultant Psychiatrist identified that she was suffering from a Chronic Pain Syndrome brought on by the trauma of the accident, along with a prolonged Depressive Episode which contributed to the maintenance of her symptoms. The Defendant’s experts in the same disciplines accepted that the Claimant was suffering a significant degree of disability, but did not accept that this was brought on as a consequence of her accident-attributable injuries. A further complicating feature was the Claimant being diagnosed with Type 2 diabetes. Had the parties been unable to reach settlement at the JSM then the matter was to be listed for an eight-day trial in early 2017.