Claimant Succeeds 100% At Trial

By Author: Peter McKenna
Total Articles: 2
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Earlier this year, the personal injury law firm, TLW Solicitors based in Newcastle Upon Tyne acted for a client following a road traffic accident.
The client had been proceeding along a main road and indicated his intention to turn right into a side road. The other driver did not notice the client’s indication and proceeded to overtake the client as he began his manoeuvre.
The client had, unfortunately, sustained a whiplash injury during the accident, and so decided to pursue a claim for compensation with TLW Solicitors, the Newcastle-Upon-Tyne based personal injury law firm. The client was subsequently provided their own personal injury claims lawyer to deal with their claim.
The personal injury claims lawyer involved submitted a claim to the responsible drivers insurance company. They subsequently denied liability and provided independent witness evidence holding the client at fault for the accident.
The Defendant stated the accident actually occurred when the client pulled out of a shopping centre car park and into the path of their vehicle. The Defendant stated that she attempted to swerve ...
... around the client’s vehicle and this then caused the accident.
The personal injury claims lawyer fully considered the claim and decided to issue court proceedings against the Defendant on the basis their version of events was simply not plausible. Despite this, the other driver continued to deny liability and submitted a counter claim against the client for the injury she sustained as a result of the accident.
During the court proceedings, the Defendant provided the client’s personal injury claims lawyer with independent witness evidence holding the client at fault. The client denied this witness was present and stated that their account was made up and untrue. The client was in fact able to obtain evidence from another person who was able to confirm the witness was not there and was simply alleging to have been there to help the Defendant succeed. The Defendant had apparently agreed to give the witness a percentage of her compensation for giving his evidence.
It was therefore apparent the Defendant was lying and the personal injury claims lawyer proceeded with the case and it ultimately ended up at trial. On the day of the trial, the Defendant attended however her witness did not. The Defendant’s barrister attempted to vacate the trial on the basis the witness had not attended as he had been intimidated. The Judge heard the evidence from the Defendant barrister and refused to believe he had been intimidated not to attend.
The Judge therefore listened to accounts from both the client and the Defendant. Upon hearing from both parties, the Judge found in favour of the client on the basis his account was more plausible.
The client was duly awarded compensation on the basis of the evidence which had been obtained by the personal injury claims lawyer in support of the client’s claim. The Defendant did not receive anything for her claim and she was in fact ordered to pay the client’s claim and the costs incurred by the personal injury claims lawyer.

http://www.tlwsolicitors.co.uk