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I hope you don't mind if I blow my firms trumpet a bit?

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T.C
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PostPosted: 14:26 - 20 Jun 2012    Post subject: I hope you don't mind if I blow my firms trumpet a bit? Reply with quote

Some of you may recall that a couple of weeks ago I asked if anyone had an Aprilia scooter that I could borrow for a reconstruction I was doing, and many of you will have read in the past my views on using claims management companies or legal expenses appointed solicitors in the event that you are unfortunate enough to have a crash.

On this basis, I thought you might be interested in the case for which I was looking for the scooter, which in any case we settled last week. The case as you will read is over 10 years old because just such a firm sat on the case for 6 years and did nothing bar the basics and issue proceedings to protect the claimants rights. We took over the case and had to fight the young riders corner, now thankfully with the right result.

What has made this case interesting is that it has set a bit of case law. The third party made an offer. The case went to trial to determine values. The third party then tried to make it a requirement that the claimant be subjected to a medical examination every 5 years to establish whether the payments could be reduced.

However, this was not included in what is called the Part 36, and despite legal arguments, the Judge ruled that conditions to a part 36 could not be amended once it went trial

Anyway, as I hope you can appreciate, we are pretty pleased with this result after the claimant and his mother lost hope with the previous firm who were representing them, and I thought I would share it with you.

Injured motorcyclist awarded £3.6 million

A 26-year-old man from south London, who had been an aspiring Premier League footballer, was last week awarded £3.6 million in compensation by the High Court, following a motorcycle accident that occurred ten years ago.

The man, who does not wish to be named and is otherwise referred to as Mr X, was involved in a head-on collision in 2002 while riding his scooter in Thornton Heath. The then 16-year-old was hit by a van being driven by Christopher Evans who had failed to notice the oncoming motorcyclist while attempting to make a right turn.

Mr X sustained multiple injuries in the collision, including a fractured right femur, fractures to both wrists, his right elbow and right ankle. He later developed chronic pain and psychological disorders, including severe Post Traumatic Stress Disorder, a Major Depressive Disorder and severe Obsessive Compulsive Disorder. He also sustained a brain injury with resulting cognitive, behavioural and emotional difficulties, personality changes, heightened fatigue and persisting headaches.

The combination of Mr X’s physical and mental conditions made it impossible for him to return to Coulsdon College, where he had previously been studying for a qualification in Business Studies. The talented footballer also had to give up any hope of playing for the Premier League football team he had had trials with. He has since been unable to contemplate employment, and is dependent on his mother for round-the-clock care.

The High Court ordered that Mr X’s award of £3.6 million was to be paid partly as a lump sum of £2.05 million, and partly by annual payments for the remainder of his life. It will be managed by his professional Deputy, Nicola Manning of McMillan Williams Solicitors who has been appointed by the Court of Protection.

Mr X’s solicitor, Phillip Scarles of McMillan Williams, who specialise in dealing with motorcycle accidents and took over the case from another law firm, said: “Not only did Mr X sustain severe orthopaedic injuries and develop chronic pain, he also developed severe psychological disorders. His mother’s care for him in very difficult living circumstances has been outstanding. This award will enable Mr X to move with his family to a home that will be much more suitable and will enhance his quality of life as much as possible.”

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Efes123
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PostPosted: 14:42 - 20 Jun 2012    Post subject: Reply with quote

Hi, interesting story Karma

I presume the high payout was due to the potential loss of earnings for a footballer. He must have had good results from the trials.
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panrider_uk
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PostPosted: 14:43 - 20 Jun 2012    Post subject: Reply with quote

I think your contributions to this forum entitle you to blow your trumpet as loudly as you like.

Good result.

Mark
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sidewinder
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PostPosted: 14:46 - 20 Jun 2012    Post subject: Reply with quote

Excellent result t.c .Good to know there are people/companys out there who do care about there clients Thumbs UpVery HappyThumbs Up Karma
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T.C
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PostPosted: 14:47 - 20 Jun 2012    Post subject: Reply with quote

Efes123 wrote:
Hi, interesting story Karma

I presume the high payout was due to the potential loss of earnings for a footballer. He must have had good results from the trials.


Partly. The majority was because of the full time care he will require for the rest of his life
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MarkJ
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PostPosted: 14:49 - 20 Jun 2012    Post subject: Reply with quote

Well done, Phil Thumbs Up Karma

panrider_uk wrote:
I think your contributions to this forum entitle you to blow your trumpet as loudly as you like.

x1000
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Alpha-9
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PostPosted: 14:51 - 20 Jun 2012    Post subject: Reply with quote

Hi

Can I have like £100k? That'd be really helpful
Even 50k would do
...Fiver?

Nice win Razz
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D O G
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PostPosted: 14:56 - 20 Jun 2012    Post subject: Reply with quote

I'd rather not have his injuries than all the money in the world.
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waffles
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PostPosted: 15:00 - 20 Jun 2012    Post subject: Reply with quote

Ten years to get a layout?!?!?! That first firm was dragging their heels a little, especially if potential payments were that high. Well done T.C, good work from your firm!
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daemonoid
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PostPosted: 15:02 - 20 Jun 2012    Post subject: Reply with quote

How much did the first firm make out of it? I hope nothing, but I expect quite a bit...
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T.C
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PostPosted: 15:03 - 20 Jun 2012    Post subject: Reply with quote

waffles wrote:
Ten years to get a layout?!?!?! That first firm was dragging their heels a little, especially if potential payments were that high.


Not uncommon for claimants who use claims management firms or panel solicitors instructed by legal expenses insurers
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Redoko
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PostPosted: 15:05 - 20 Jun 2012    Post subject: Reply with quote

D O G wrote:
I'd rather not have his injuries than all the money in the world.


This. The money will no doubt help him and his deserving family cope, as they've been through enough already; 10 years, but I'd still prefer my health to the cash.

Poor bloke. At least him and his family can take it easy from now on.

Proper result. Well done T.C. Thumbs Up
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chris-red
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PostPosted: 15:10 - 20 Jun 2012    Post subject: Reply with quote

daemonoid wrote:
How much did the first firm make out of it? I hope nothing, but I expect quite a bit...


Normally that is separate, isn't it? i.e. the court say Mr X is owed 3.6mil for injuries and you have to pay his legal fees. TC's company then bill the other company.

Personally I think it is criminal it was aloud to go on for that long.
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phatstorage
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PostPosted: 15:12 - 20 Jun 2012    Post subject: Reply with quote

And the van driver's now a DJ on radio 2, Cool
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LordShaftesbu...
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PostPosted: 15:13 - 20 Jun 2012    Post subject: Reply with quote

Who exactly pays the money in cases like this?
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Redoko
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PostPosted: 15:16 - 20 Jun 2012    Post subject: Reply with quote

Don't suppose you could PM your firms name T.C?

Nice to know if I'm ever caught up I at least have the name of a company that will actually fight my corner.
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Alpha-9
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PostPosted: 15:17 - 20 Jun 2012    Post subject: Reply with quote

Quote:
Mr X sustained multiple injuries in the collision, including a fractured right femur, fractures to both wrists, his right elbow and right ankle. He later developed chronic pain and psychological disorders, including severe Post Traumatic Stress Disorder, a Major Depressive Disorder and severe Obsessive Compulsive Disorder. He also sustained a brain injury with resulting cognitive, behavioural and emotional difficulties, personality changes, heightened fatigue and persisting headaches.


Jesus, what happened to the guy? Did the van go over him or something?

I was reading it like wait what, OCD and PTSD and depression from fractured wrists?!

Also who actually paid the 3 million? Shocked The van driver? Impossibru!

I'm just interested Smile
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panrider_uk
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PostPosted: 15:17 - 20 Jun 2012    Post subject: Reply with quote

Redoko wrote:
Don't suppose you could PM your firms name T.C?

Nice to know if I'm ever caught up I at least have the name of a company that will actually fight my corner.


Its at the bottom of the original post.

Mark
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WannaBeDude
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PostPosted: 15:20 - 20 Jun 2012    Post subject: Reply with quote

What's tldr
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T.C
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PostPosted: 15:24 - 20 Jun 2012    Post subject: Reply with quote

Redoko wrote:
Don't suppose you could PM your firms name T.C?

Nice to know if I'm ever caught up I at least have the name of a company that will actually fight my corner.


As mentioned by someone else, our details are contained within the press release, or you can always PM me directly here as I handle the majority of initial motorcycle crash enquiries as I advise on liability and any specific motorcycle related issues
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T.C
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PostPosted: 15:24 - 20 Jun 2012    Post subject: Reply with quote

LordShaftesbury wrote:
Who exactly pays the money in cases like this?


The third party insurers.

This is what you have insurance for Wink
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lilredmachine
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PostPosted: 15:25 - 20 Jun 2012    Post subject: Reply with quote

Alpha-9 wrote:
Quote:
Mr X sustained multiple injuries in the collision, including a fractured right femur, fractures to both wrists, his right elbow and right ankle. He later developed chronic pain and psychological disorders, including severe Post Traumatic Stress Disorder, a Major Depressive Disorder and severe Obsessive Compulsive Disorder. He also sustained a brain injury with resulting cognitive, behavioural and emotional difficulties, personality changes, heightened fatigue and persisting headaches.


Jesus, what happened to the guy? Did the van go over him or something?

I was reading it like wait what, OCD and PTSD and depression from fractured wrists?!

Also who actually paid the 3 million? Shocked The van driver? Impossibru!

I'm just interested Smile


I was thinking that. I hit a peueot at 60 and didn't suffer any psychological issues. Maybe I should have faked it. Confused

Anyway, good win and a veritable feather in the cap for your company.
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T.C
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PostPosted: 15:30 - 20 Jun 2012    Post subject: Reply with quote

Alpha-9 wrote:


Jesus, what happened to the guy? Did the van go over him or something?



Yes it did.
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T.C
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PostPosted: 15:34 - 20 Jun 2012    Post subject: Reply with quote

lilredmachine wrote:


Anyway, good win and a veritable feather in the cap for your company.


This is not our highest award, but one we really had to pull out all the stops for to get the result we did.

If you ever get the chance to read the case of Finnis v Caulfield (2001) that is a case we are particularly proud of, as the original solicitors (a well known firm) were prepared to settle for £50,000, it came to us and we settled at £1.5 million.

I was the expert on this case and apparently it is still today the most reported motorcycle accident case in UK legal history and something I am particularly proud to have been involved in as the expert.
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Minty
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PostPosted: 15:38 - 20 Jun 2012    Post subject: Reply with quote

Is this you, kind sir (based on the OP and that nobody at your firm seems to have the initials T.C)

https://www.mwsolicitors.co.uk/photos/PS.jpg
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