Personal injury team succeeds where other law firms fail

Posted: 27/07/2015

The Penningtons Manches personal injury team is regularly asked to take on cases which are either being handled or have been rejected by other law firms. While we cannot assist in some cases – either because of prospects of the case or because we feel that it is not in the client’s interests to transfer their case - we do take on some of these cases. Below are a selection of recent examples where have not only been able to progress a claim but also to recover damages for the client: 

• We recovered damages in excess of £6 million for a claimant with a head injury who was advised by a previous firm to settle for £100,000.
• We obtained further expert evidence for a claimant who was advised that some of her ongoing problems could not be considered in the claim and should be ignored. The new evidence linked those problems to the accident.
• We took on a claim for a road traffic accident victim who was advised he had no claim because he was hit by an uninsured driver. His claim is now being dealt with by the Motor Insurers Bureau (MIB).
• A claimant was advised that he could not pursue any claim because the defendant approached had no insurance cover. When we looked at the case, we identified that there was another potential defendant who is now dealing with the claim.
• A claimant who approached us two weeks before limitation expired had had her case rejected by several firms. We took the case on, issued protective proceedings and have now negotiated a substantial settlement for her.
• We are helping a claimant who had post concessional syndrome. Her previous solicitors had not investigated the head injury aspect of her claim and had advised settlement for a small sum. 

Philippa Luscombe, head of the Penningtons Manches personal injury team, comments: “Our team has always had a reputation for being prepared to take on difficult but valid claims and for not giving up easily. We are also known for our particular expertise in head injury cases and clients often come to us by personal recommendation following enquiries about options for a second opinion. Wherever we feel that we can add value by taking the case on, we will do so. 

“We regularly see difficult personal injury cases – either from a liability, complexity or value perspective - where other solicitors have not had the expertise to investigate and assess the case properly. The clients have either been told there is no case or been advised to settle at a wholly inappropriate sum. We see this particularly in the context of brain injury where we see firms dealing with cases who have no understanding of the issues surrounding brain injury claims and what sorts of damages should be investigated and claimed.

“There is some protection for claimants who are protected parties and need to have any settlement approved by the court. But in some cases, we see a failure to identify that, in fact, the claimant is a protected party and needs to be managed accordingly. The recent funding changes have compounded these problems. Because of the significantly restricted recovery of fees in injury litigation, firms are looking to discard difficult cases and settle others quickly. This potentially compromises claimants’ ability to bring claims and recover appropriate damages. 

“We are always happy to talk to people who are not satisfied with the advice given on their existing claim or whose claims have been rejected. If we can see a basis for a case we will help where we can. For those suffering serious injuries, a second opinion is always worth considering given the potential outcome.” 

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