Express helps Burning Nights beneficiary secure seven-figure sum

The impact

She was unable to put weight on her left leg and became wheelchair bound. The CRPS has caused her to suffer from uncomfortable sensations and she was in constant pain. This impacted her quality of life and she required constant care from her husband with day-to-day tasks. She also had to give up her job due to it being too strenuous.

Over the next three years, she received support from Burning Nights, a charity that specialises in aiding those affected by CRPS. Sarah received counselling sessions and support from volunteers, many of whom are CRPS sufferers themselves. In the charity newsletter, Sarah saw an article from Damian, who explained the process of making a legal claim despite being out of time. Inspired by his article, she reached out to him.

Making a claim

Despite being almost a year past the limitation date, Express Solicitors still agreed to take the case. We took instructions immediately and sent a Letter of Claim on day one to the two possible defendants. Court proceedings were issued the following day so that the time for bringing a claim for purposes of limitation was stopped. There were two defendants in the proceedings: the garden centre and the company that owned the land. However, the claim against the landowner was later discontinued as they were not responsible for the gate on site.

Building a case

As there were no witnesses present, we needed to ensure we gathered as much accurate information as possible. We arranged for Sarah and her husband to attend the site and take photos and videos of the gate in its current state. The safety of the gate hadn’t been improved.

We also received evidence from co-workers that Sarah had spoken to before and after the accident to try and demonstrate her knowledge of the gate as she was not aware that it lodged itself on the kerb.

Sarah had taken a photograph of her injuries the night it happened, so we were able to show the immediate damage. The main part of the case was contained in the medical evidence as we needed to show the treatment plan that Sarah had followed and the level of information that she had been given. We also needed to provide the time when she had been diagnosed with CRPS.

We managed to obtain medical evidence from a CRPS expert who was able to confirm to the court that she was suffering from CRPS and it was caused by the incident with the gate.

Overcoming challenges

During the proceedings, Sarah’s circumstances changed, and she moved to Canada with her husband due to his work.

However, this led to a dispute as the defendant insisted that she attended the trial in person, despite living in another country and being wheelchair bound. We had to make an application to the court for the claimant to attend the trial remotely and for her to be treated as a vulnerable witness. This was resisted by the defendant’s barrister and led to a second hearing when the court finally agreed that she did not have to travel.

Furthermore, the defendants’ solicitors did not want Sarah’s husband present during the trial and requested the court to order an independent party, who didn’t know Sarah, to act as an invigilator. This meant finding someone willing to travel to Sarah’s home in the early hours of the morning to sit the trial with her. Fortunately, after considerable effort, someone was found and she was able to attend remotely.

Settlement

Following the successful trial of the preliminary issue, where the court found in favour of Sarah and ordered that she should be able to continue with her claim, negotiations began with the defendant’s solicitors regarding the liability of the claim.

Those negotiations were successfully concluded, and liability issues have been finalised. Both parties are now working on an agreement for the value of the claim.

It is expected that a seven-figure sum will be recovered for Sarah, which will cover her loss of earnings and any equipment she will require.

This case goes to show the fantastic work that both Express Solicitors and Burning Nights CRPS do as they provided Sarah with the knowledge she needed to bring the claim and the professional service to secure judgment from the court to allow her to proceed with her claim.

Sarah added: “From the first phone call, everything progressed incredibly quickly paperwork was arranged within days and statements were organised promptly. Even when my personal circumstances changed, requiring me to relocate to another country temporarily, Express Solicitors arranged for me to appear remotely for the limitation hearing. As a full-time wheelchair user, this spared me the stress and pain associated with travel. 

“My team at Express went above and beyond to support me through the entire process. Their expertise was evident in the courtroom and ultimately contributed to a successful outcome. They were always willing to explain things in a way I could understand, ensuring I was informed every step of the way.

“I am truly grateful to Damian for writing that article for Burning Nights, as without it, I may never have reached out to Express Solicitors. Their dedication and deep understanding of CRPS made all the difference.”

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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.