Lady Solicitor Personal Injury Claim Lady Justice Old Bailer

Allegations of Exaggeration are Dropped as Insurer Pays Compensation in Full

Mr L from Barnetby, Lincolnshire, was involved in a road traffic accident in December 2011.

Initially Mr L decided to handle the compensation claim himself, dealing directly with the defendant’s insurers. However, it quickly became apparent that a negotiated settlement could not be reached after the Defendant’s insurers arranged for a medical report to be obtained. This medical report included reference to ‘Waddels tests’ which are designed to establish whether or not a claimant is consciously exaggerating the nature and extent of his symptoms. Reference was made in the report to these tests; however Mr L became aware – via this site -that the tests were not appropriate for people from his ethnic origin. As a consequence, Mr L asked us to deal with his claim, which we readily agreed to do on a no win - no fee basis.

Liability was quickly established by us and additional medical evidence was obtained. We also arranged for further medical treatment for Mr L which meant that he was able to return to work and resume his hobby of horse riding.

The Defendants initially disputed the new medical evidence, but after our expert prepared a joint report with their expert it became clear that our expert had prepared the more convincing report. As a result the claim was concluded without the allegation of exaggeration being pursued by the defendant’s insurers

There was a significant dispute about the amount that our client was claiming for livery charges for the care of his three horses during the period when he was suffering from the on-going back symptoms, but following disclosure of supporting documents the livery charges were agreed in full.

An initial compensation offer of £21,000 was made by the insurers and after negotiations this was increased to £27,000, which Mr L decided to accept.