Richard Wilkinson

Richard has gained an excellent reputation as a senior junior with a forensic and analytical approach to high value / complex personal injury litigation. Richard is a firm believer that by striving to ensure he receives a healthy balance of instructions from both Claimant and Defendant solicitors alike he can provide impartial, robust and realistic advice. Praised by the directories as “a very impressive advocate” he is ranked as a Band 1 junior in PI by Chambers and Partners. With costs being such an integral aspect of personal injury litigation these days, from cost budgeting to QOCS, Richard’s background as a costs litigator and costs mediator is an invaluable asset to clients and solicitors alike.

Richard has a wealth of experience in handling catastrophic injury claims (in particular head injury and spinal injury claims) as well as complex medical / quantum cases, including Chronic Pain, mTBI, amputation cases and claims involving allegations of Fundamental Dishonesty. Fatal accident claims frequently give rise to issues of particular complexity and sensitivity when Richard’s “impressive ability to analyse very complicated information and summarise it in simple terms” is invaluable. His extensive knowledge of such cases dovetails with his experience in dealing with Inquests. For example, he represented the widow of a Royal Navy submariner murdered on board HMS Astute by a drunken colleague through both the 9 day Inquest and subsequent successful civil proceedings against the MOD.

At this stage in his career there are few areas of personal injury litigation with which Richard is not familiar. In addition to the main areas of road accident, employer’s liability, occupational disease work and occupier’s liability claims, he has considerable experience of more niche areas such as jurisdiction issues / claims with a ‘foreign’ element, sports injuries and product liability claims.

Richard is also experienced in dealing with multi-party claims and group litigation claims, for example having represented the Claimants in the “Porton Down” litigation against the MOD and one of the Defendants in the “Scania lorry” litigation.

Featured Personal Injury cases

K v D

Richard Wilkinson, instructed by Alex Brown of Dean Wilson solicitors, secured a lump sum award of £4.75m in damages for a 49 year old Claimant who was left with significant orthopaedic symptoms following an RTA in which she sustained multiple injuries. An unusual feature of the case was that she had sustained injuries to both arms and both legs, the effect of which was to compound her resulting disabilities. Despite very significant and extensive rehabilitation, the Claimant remained an intermittent wheelchair user who it was agreed required specially adapted / single level accommodation. It was also agreed her care needs would increase in later life. The Claimant was determined to remain ambulant as much as possible, and the parties had very significantly different views as to her immediate future care needs, in particular the provision of a personal assistant to ensure the Claimant could continue to access the community independently and safely. The Claimant relied on experts in 8 different medical disciplines as well as 3 non-medical disciplines. The claim settled at a JSM in March 2024 in advance of a 10 day trial.

W v Weglewski

Instructed by Claire Roantree at Boyes Turner, Richard secured damages of £3,425,000 on a Provisional Damages basis at a JSM for a 58 year woman who sustained multiple injuries when struck by the Defendant’s vehicle whilst standing in a layby. The Claimant sustained multiple orthopaedic injuries and significant psychological damage. The physical injuries included a serious fracture to her left knee, which resulted in permanently impaired mobility requiring the agreed need for single storey accommodation and use of a wheelchair when outdoors. The agreed Provisional Damages award entitles the Claimant to seek further damages in the event of undergoing a leg amputation during her lifetime, a risk which the experts had identified as being very small (less than 1%).

K v Lloyd

Instructed by William Broadbent of Leigh Day Solicitors, Richard recovered damages of £2.38m on behalf of a newly qualified Clinical Psychologist who sustained serious injury to her dominant arm as a result of an RTA. Despite numerous surgical procedures she was left with significant on-going neuropathic pain and unpleasant cosmetic injuries.
She had only managed to return to work on a part time basis since the accident. The main dispute focused on predicting her likely career path but for the accident given its nascent stage at the time of the accident, her prospects of achieving Consultancy and whether she would have engaged in lucrative private practice. The claim settled at a JSM.

EFG v Wright & Others

Instructed by Michael Wangermann at Ashtons Legal, Richard represented an 81 year Claimant in respect of serious injuries sustained as a result of falling underneath a Patient Transport Service that she had been intending to board. The vehicle moved, despite the driver having already exited the vehicle to assist the Claimant. Liability was vigorously disputed by 3 Defendants for over 3 years until a Summary Judgment application forced a complete concession. The matter settled shortly thereafter, following a JSM in circumstances which it was hoped would enable C to move out of the state-funded care home she had been resident in as a result of the accident and into her own accommodation with a private care regime. She was unable to mobilise independently due to her injuries and was reliant on full time care, but the evidence indicated her life expectancy was significantly compromised by reason of both pre and post-accident health issues. That, combined with the effect of Covid restrictions on her care home, necessitated an urgent resolution of the proceedings to enable her to fund her move. Master McCloud approved the settlement of £850,000.

EXE v BBC Studioworks

Instructed by Alex Brown of Dean Wilson to represent a 42 year old electrician and mature university engineering student who sustained both spinal cord and brain injuries when falling 10 meters through an open / unguarded hatch in a studio grid floor whilst working at the Defendants’ television studios. Following a JSM and very shortly before a 10 day trial on contributory negligence and quantum the parties agreed a £4m lump sum settlement which was subsequently approved by Stewart J. Amongst a multitude of issues in the case there was a dispute over the Claimant’s capacity and/or whether the costs of professional assistance could be recovered in any event if the Claimant had “dependent capacity”. Disputed life expectancy (due to an unrelated liver condition giving rise to the potential need for liver transplant surgery) and uncertainty as to the Claimant’s likely earnings but for the accident (because he had been undertaking a degree as a mature student at the time of his accident) as well as assessment of his future care and accommodation needs were all complicating features of the claim.

P v M

Instructed by Nick Richards at Weightmans, Richard represented a Portuguese insurer in a claim by a Spanish national who sustained injury in an RTA whilst working in the UK but who subsequently returned to live in Spain. Claim settled for £1m on the eve of a 5 day High Court trial at which 14 experts were due to give oral evidence. The Claimant was aged 25 at the date of accident and sustained multiple injuries which it was accepted would prevent him from returning to his pre-accident heavy manual work. These included a brain injury (of disputed severity), multiple diverse orthopaedic injuries (spinal fractures, a wrist fracture and pelvic fracture) along with psychological injuries and damage to his senses (hearing, taste / smell and vision). Consideration given to the quantification of losses to be incurred in Claimant’s home country.

Y v M

Instructed by Amber Braybrooke, then at Slater and Gordon, Richard secured a £1.8m settlement for a 62 year old man who sustained multiple injuries in motorcycle accident.
In 2015 the Claimant, who had recently set up his own business restoring vintage motorcycles, sustained life-changing injuries when knocked off his motorcycle and then run over by other vehicles whilst lying in the road. His most serious injuries included a significant degloving injury to the perineum resulting in permanently impaired bowel function, a clinically moderate – severe brain injury and fractures of the pelvis resulting in persisting urinary incontinence. However, the most serious injuries were to the Claimant’s legs, particularly his left foot and ankle. He was left with severely impaired mobility, requiring crutches to mobilise indoors and a wheelchair when outdoors. Various surgical attempts to improve the mobility and pain in his ankle had been unsuccessful. The Claimant was left with a significant risk of needing to undergo an amputation either below, through or even potentially above the knee. Due to his inability safely to manage stairs the Claimant required adapted, single storey accommodation. Other complicating factors in the assessment of the claim included arguments about the impact of injuries upon the Claimant’s life expectancy and uncertainty as to the timing of any future amputation that may be required.