The main
reason that we need to keep on fighting for justice is that there are still
insurers who will seek to undermine the rights of victims.
Almost two
years ago I wrote about the scandalous case of Janet being handled by EAD –
She was
crossing the road when she was struck at speed by a 4 x 4. She suffered
terrible injuries. Liability was aggressively contested. There was an offer to
settle at £125k which was time limited to pressurise the family to accept. Rehabilitation funding
was unilaterally withdrawn when it became apparent that the cost would exceed
£50k. At every stage there was pressure on her family to accept a settlement
that was considerably short of the mark.
My last
blog reported that the case had gone to trial on liability and she had
succeeded 100%.
At a joint meeting
yesterday she accepted £2.5m in settlement of the claim. So the final award was
20 times the original offer.
This was
achieved due to a combination of robust legal advice and a family who were committed
to seek justice for her.
This is
clearly an unusual case. But it again demonstrates the need for victims to have
professional and experienced advice. There are relentless claims from the
insurance industry and media that lawyers are not needed in these cases. They
talk about the mythical ‘Compensation Culture’ so much that people eventually
come to believe it. You could well believe that lawyers and victims have
created this culture. As if Janet deliberately allowed herself to be run down
by an impatient driver. The involvement of lawyers is said to be unnecessary
and adds to the cost of insurance –
If this family
had been deprived of advice she would have been massively undercompensated and
the insurers would have been laughing their way to the bank. And drivers would
certainly not have reaped the benefit!
To some
people this might seem a high award of damages. But most of it will go towards Janet’s
care for the rest of her life. About £150k is to compensate her for the injury
itself. Compare that to the £260k awarded to Sadie Frost for breach of
her privacy. That is not to say Ms Frost is not entitled to be properly compensated
for the Mirror’s disgraceful actions.
But it should help us to put into
perspective the plight of victims of accidents in the face of a hostile media.
This is an excellent result for EAD and their seriously injured client. It illustrates just how important it is to access specialist legal advice as unfortunately too many non specialist PI lawyers capitulate under this type of pressure and their vulnerable clients suffer. The insurance industry know that tactics such as withdrawal of rehab funding, pre med offers and premature Part 36 offers lead to substantial savings on their part, notwithstanding that justice is not done for severely injured people. Lesley Graves, Citadel Law
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