Six figure settlement for claimant who defeats fundamental dishonesty allegation

Colin Cook, Managing Partner at Hatch Brenner Solicitors on Theatre Street in Norwich, has recently 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).

Whilst she initially developed the condition in her injured foot the case was unusual as 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 and 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 over playing her symptoms and should receive no compensation on the basis of her dishonesty.

The case settled by negotiation for a sizeable 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 our 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.

This case represents one of many high value settlements which form the core of the work Hatch Brenner undertakes for seriously injured clients. If you would like to speak to Colin Cook about your circumstances, or to discuss Court of Protection or Personal Injury Trusts advice following the resolution of a Litigation matter, contact Colin Cook