14th July 2016
Marcus Grant (instructed by Richard Foyster of Ashtons Legal) appeared for the Claimant in an injury claim arising from a crushing injury to his pelvis.
The Claimant was unemployed before the accident and claiming disability benefits on the basis of a self report of chronic pain against the backdrop of a psychologically troubled past that included being in prison. On his case, he sustained a crush injury to his sacrum, intrusive chronic pain, PTSD and impaired mood pathology, erectile dysfunction and neurogenic bowel dysfunction. The latter was not reported until after the 3rd anniversary of the accident.
The Defendant defended the case on the basis that the Claimant was wholly unreliable and that he was guilty of overstating his difficulties and that it was difficult to discern whether, and if so, to what extent his true residual symptoms were markedly different to the pre-accident trajectory of his health. The Defendant served medical evidence from experts accusing the Claimant of being dishonest and also served surveillance evidence suggesting that the self report was unreliable.
At the point of the case where the Parties’ medico-legal evidence was about to be tested in the joint statement process, the case settled for £539,000 plus costs.