Six-figure settlement for Claimant who defeats fundamental dishonesty allegation
Colin Cook also helped a local woman recover a six-figure settlement from an injury sustained in an accident at work. The injury was minor but, as a consequence, the Claimant went on to develop Complex Regional Pain Syndrome (CRPS).
Although she initially developed the condition in her injured foot, the case was unusual in that there was a rare (but recognised) diagonal transference of the condition to the opposite upper limb. The case was further complicated by the fact that the Claimant was Polish with a limited understanding of English. The use of interpreters was required particularly when the nuance of the Claimant’s evidence of her level of restriction was all-important.
The insurers for the Defendant sought to defend the claim by deploying surveillance evidence and raised an allegation that the Claimant was overplaying her symptoms and should receive no compensation because of her dishonesty.
The case was settled by negotiation for a sizable six-figure sum on the basis that the insurers were persuaded that the condition was genuine and resulted in an ongoing restriction of the Claimants’ ability to work.
Colin Cook commented: “The Hatch Brenner Dispute Resolution team is delighted to have reached this settlement for its client. The compensation recovered in this case will help provide the Claimant with the necessary equipment to aid in her mobility and afford her a higher quality of life. CRPS is a condition which remains shrouded in mystery and for many insurers, this is an open invitation to challenge the honesty of Claimants whose lives become miserable due to the debilitating symptoms they suffer.”
Mr Cook added: “In complex cases like this one, attention to detail in the production of the evidence, together with the correct selection of medical experts, is vital.”
Marcus Grant of Temple Garden Chambers was the instructed Barrister for the Claimant on the case.
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