defeating a personal injury claim
the challenge:
A personal injury claim arose from a road traffic accident
(RTA), with the claimant sustaining relatively minor injuries. A
claim for special damages totalling over £800,000, excluding
general damages and interest, had been submitted. There was a
suspicion that the claimant was exaggerating her injuries to
increase the damages
our approach:
Acting for the insurer, we advised that a team
of experts should be appointed to deal with the case – to include a
psychiatrist, rheumatologist, orthopaedic surgeon, a care expert
and surveillance agents. This was to establish the real extent of
the claimant’s injuries. Pressure was placed on the claimant’s
solicitors to comply with court orders and disclosure requirements,
which they continually failed to do
the results:
Favourable surveillance was obtained and
disclosed against the allegations of the severity of the claimant’s
injuries; multiple applications were made to the court for
sanctions and costs against the claimant’s solicitors; claim struck
out for failure to comply with unless orders; compromise agreement
reached, with settlement at £17,000 – a saving of £783,000 against
the original claim; further hearing to follow to challenge
entitlement to costs