Six figure settlement for statute barred claimant

Colin Cook, Personal Injury Specialist and Partner at Hatch Brenner Solicitors on Theatre Street in Norwich, has recently helped a Claimant secure a six figure settlement which the Defendant insurers argued was brought out of time. The Claimant was a passenger in a car involved in a high velocity accident when she was 16 years old.

The Defendant’s insurance company is known to operate an aggressive business strategy of early intervention and settlement without medical evidence. The insurer in this case persuaded the Claimant’s would-be litigation friend to accept £10,000 despite early indications that the case could be much more valuable and before solicitors could be retained to provide full advice and protect the interests of the child.

Several years later the Claimant approached Hatch Brenner and following a meeting with Colin Cook it was determined that the Claimant’s injuries were potentially much more profound resulting in a settlement at an undervalue.

Hatch Brenner acted immediately by securing medical evidence and lodging a claim in the Royal Courts of Justice in the High Court within weeks. The Defendant insurers maintained that their settlement was legitimate and that the claim was being brought out of time (the Claimant was by now over 21 years old). An application was made to the Court pursuant to Section 33 of the Limitation Act 1980 essentially seeking permission to proceed with the claim notwithstanding the time which had passed since the accident. The application was eventually conceded by the insurers within the days leading up to the Court hearing.

Neurology evidence was obtained confirming the presence of a subtle traumatic brain injury and the case subsequently settled for a six figure sum.

Colin Cook commented: “The Hatch Brenner Dispute Resolution team is delighted to have reached this settlement for our client. Whilst I was confident that the agreement with the insurers would be set aside by the Court, this unusual case involved a level of risk many firms might not accept on a no win no fee basis. It is this type of unusual case which is our bread and butter and we relish the opportunity to provide the best service for clients struggling to find quality legal representation.”

Mr Cook added: “The insurers conduct at the outset in this case was quite astonishing; only made worse when they were provided with the opportunity to hold their hands up at a later date but refused to do so until the 11th hour. It shows the importance of legal representation when dealing with insurance companies in both personal injury and brain injury cases. Whilst there are many insurers who will deal fairly with would-be claimants there are also those who do not. As a serious injury is usually a one-off event, in my experience, claimant’s do not have the necessary experience and expertise to handle these sorts of cases without good quality legal representation.”

Marcus Grant of Temple Garden Chambers was the instructed barrister for the Claimant on the case.

This case is one of many high value settlements which represent 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, call 01603 214 220 or email [email protected]

Colin Cook, Personal Injury Solicitor Norwich