Chronic Pain Case Studies
Below are some examples of chronic pain cases Ashtons have settled.
£390,000 obtained in chronic pain case following an accident at work
Tom Ranson, a personal injury specialist at Ashtons Legal, obtained compensation of £390,000 for Mrs B after she was involved in an accident at work. Mrs B was working in a shop when a shelf fell off the wall, striking her shoulder and knocking her to the ground. She suffered bruising and muscle injury to her shoulder.
She was off work for around two years and underwent extensive rehabilitation treatment (in the main on a private basis and arranged through the litigation process). Unfortunately, despite this, her symptoms persisted and she developed a chronic pain condition. Fortunately, she was able to return to work, although only in a much reduced capacity.
Her employer’s insurers were unwilling to settle matters on a reasonable basis. Instead they offered Mrs B the sum of £30,000 and unbeknownst to her, subjected her to extensive (covert) surveillance over several years.
Court proceedings were subsequently issued and a revised offer of £100,000 was made. On our advice Mrs B rejected this. With trial coming up and despite the insurer’s (failed) attempts to discredit her, Mrs B was invited to a meeting by the insurers to discuss a possible settlement. A meeting of the legal teams took place, which resulted in a compromise, firmly in favour of Mrs B.
The final settlement achieved for Mrs B was £390,000. Whilst the money in itself is not capable of restoring her health, it provides her with options going forward and also entirely vindicates the decision she took to pursue the claim and see it through despite the obstacles thrown in her path. The settlement has also helped to restore a sense of balance to her life and that of her family.
Tom Ranson comments: “In a hard fought, complex, case, against the backdrop of what insurers consider to be a controversial diagnosis of ‘chronic pain’, the message is clear: it is vital that the lawyers of injured parties are robust and provide their clients with the strength, support and proper expertise, to enable them to fight for their right to obtain the correct level of compensation. This is a case that could have been compromised for very little, instead Ashtons are delighted to have been able to secure a significant six-figure-sum for Mrs B.”
£115,000 obtained for a ‘whiplash’ injury following a road traffic collision
Mr J was driving a work vehicle when another vehicle drove into the rear of him. He suffered a ‘whiplash’ injury to his neck, was unable to return to work following the incident and was subsequently dismissed from his job.
The medical expert instructed on Mr J’s behalf said that his injuries (of pain and restriction) were permanent and a direct result of the accident, although he was able to work in some capacity. The medical expert instructed on behalf of the Defendant’s insurers felt they were related to his age or other factors and that any injury caused by the accident was minor and short-lived. After Court proceedings were issued, the Defendant’s insurers made an offer to settle Mr J’s claim for £30,000. Ashtons advised Mr J not to accept this offer, since the amount would not compensate him appropriately for the life-changing nature of his injuries.
The insurers then decided to allege that Mr J was exaggerating his claim and attempted to discredit him. This was robustly defended by Mr J through Ashtons and shortly before the case was due to go to trial, Mr J accepted the Defendant’s significantly improved offer for compensation of £115,000.
Tom Ranson comments: “With the backing of Ashtons and his medical expert, Mr J refused to be intimidated by the solicitors acting for the insurers and held out for the right level of compensation. Unfortunately, as happens all too often, rather than engage in appropriate dialogue with us, the insurers pick fights that they shouldn’t and literally add insult to injury.”