The Aftermath

In the hours following the accident, Katherine’s condition worsened. Her muscles began to seize up, and she felt intense pain from her hips down to her legs. Subsequent MRI scans revealed she had pre-existing problems with her spine but there was no obvious reason for her ongoing symptoms. While her previous solicitors thought this warranted a quick settlement, Express Solicitors dug deeper and Katherine was later diagnosed with fibromyalgia.

Further examinations revealed that Katherine was also dealing with concussion, which took several months to subside. This condition severely impacted her memory and led to bouts of anxiety, depression, headaches and distressing flashbacks. As a result, she became heavily reliant on her children for assistance with everyday tasks.

How did Express approach the case?

Previously, Katherine’s case had been handled by another solicitor. Seeking a quick resolution, she was advised to accept £4,000 in compensation. Corbin Luby, explaining the steps they took when taking on the case, said: “We made the decision to withdraw the case from the portal due to the complexity and our recognition of the severity of her injuries.”

Katherine’s case had been lodged in the Ministry of Justice Portal (MOJ), which meant the compensation amount was limited to £25,000. “We believed that securing a higher settlement would better assist Katherine in rebuilding her life.”

What is the Ministry of Justice Portal (MOJ)

The MOJ Portal was created with the intention of reducing the costs of making and processing a personal injury claim, and to manage the whole process in a more efficient and time-effective manner. The MOJ claims the portal acts as an online hub which makes it easier and quicker to transfer information electronically between all parties, hence speeding up the claim process. Importantly you are limited to the amount of compensation.

Listening to the client and reassessing the evidence

Corbin added: “It was obvious to us from the very beginning a case as serious as this should not be rushed through to get a ‘quick win’, we needed to take the time to listen to Katherine to understand the severity of her injuries, the impact it has had on her life and build our case from there.”

Discussing the evidence Corbin explained: “The previous solicitor instructed an orthopaedic expert that was not supportive, and their appointed psychologist had completely missed off her depression. We needed to start again. We managed to get the courts to agree to allow further evidence, which ultimately led us to a suggestion of fibromyalgia, which the claimant used to obtain an NHS diagnosis. Due to the length of time it had taken to get to this point we recognised Katherine needed support and we were delighted to secure her an additional £3,500 interim payment.”

Settlement

The case was settled just before Christmas 2023 for a total of £45,000 – 11 times the original offer secured by previous solicitors. “We were delighted to get a positive outcome for Katherine, she now plans on using the compensation to move to a ground floor flat with a garden to help with her mobility and help improve her mental wellbeing.”

Contact us

Have you been in an accident that wasn’t your fault? Express Solicitors can get you the justice and compensation you deserve. We have an expert team with the experience to win even the most complex cases. Start your claim with us today.