Personal Injury Litigation: The Winning Formula

In costs, frontpage, General litigation, News, RTA by AAH

We inherited a personal injury claim from a Solicitors firm which was deemed to be without merit by two firms prior to us. We examined every piece of evidence together with the Client and on review, arranged a conference with Counsel. Our view, with which Counsel agreed, was that it is a case worth doing. We signed “no-win-no-fee” agreement with Client and also secured Counsel on the same basis. We were also retained by our client’s RTA insurers to defend a claim against him arising out of the same accident.

The case, briefly, involves a collision between two drivers in M25 and a third person colliding with debris from that accident. All three parties provided detailed account of the accident but there were significant contradictions between the three accounts.

Interestingly, claimant and second defendant were at one stage represented by the same solicitors firm, same case handler and had identical case reference number. The Second Defendant, who made claim against our client, appear to have changed his account at different stages – one account given by his insurers and first solicitors, and another at later stage when he produced his witness statement.

At the trial, DJ hearing the case commented that our client was consistent, willing to admit where his version of events had difficulty, and throughout was consistent. Other parties, the DJ held, had difficulty in explaining the changes in narrative and that on balance, she preferred the version of our client. The other side was found fully liable for the accident, ordered to pay costs including £10,000 in interim payments. The quantum will be determined at later stage in the second phase of the proceedings.

Since joining in November last year, this was the first full trial I covered. And the lesson for me is that the key to success in civil litigation, and in particular personal injury law is to look at all aspects of a case in totality, examining each piece carefully. This requires personalised service, commitment, passion and patience, something “factory law firms” are often unable to afford.
If you have an enquiry about any aspect of civil dispute or an injury claim, call us first. We will be happy to review your file free of charge. Call us on 0207 377 0600


Lawclaim Personal Injury Solicitors