£64,000 award for local client who was advised her claim had ‘no reasonable prospects of succeeding’ by well-known national firm

Mrs C was initially represented by a large and well-known personal injury firm following her unfortunate tripping accident at a local retail park, which left her with a broken ankle.

Mrs C could be forgiven for thinking she was in safe hands when she instructed the solicitor firm in question, who are a household name in the personal injury sector. However, following seemingly minimal investigations, Mrs C’s solicitor advised they were unable to take her claim any further due to her claim having ‘no reasonable prospects of succeeding’.

Mrs C was disappointed to receive this advice, not least because she was still suffering considerably from her ankle injury. Mrs C reached out to Aston Knight over 12 months following the accident. It became immediately obvious to us that the previous solicitor had not fully investigated her claim prior to arriving at their conclusions.

We did not hesitate in agreeing to represent Mrs C and we set about investigating her claim more thoroughly and more comprehensively than had previously been the case. As with all our cases, we conducted a detailed analysis of the evidence with a mind-set of ‘how can we succeed?’, rather than the defeatist approach seemingly adopted by Mrs C’s previous solicitor.

We submitted the claim to the owners of the retail park and emphasised the key factual features of the case, which we believed pinned primary liability on them. Our approach worked, and we were able to secure an early admission of liability from the Defendant.

We then instructed a leading foot and ankle surgeon for a report addressing our client’s injuries. The expert in question, who we know to be extremely thorough, recommended further scans to assess the possibility that the fracture may lead to the development of arthritis in the future. The scans did show early onset arthritis and so we were able to seek recovery of compensation to reflect the more serious and long-lasting nature of the injury.

Due to no suitable offers being made (and the three-year limitation period being due to expire), we commenced legal proceedings against the Defendant and this ultimately led to them engaging in settlement negotiations.

We were delighted to bring this claim to a conclusion, with compensation being agreed in the sum of £64,000. This was the culmination of all our hard work; something Mrs C was extremely grateful for and keen to acknowledge.

Solicitor, Andrew Thompson, commented:

“This outcome showcases the ‘Aston Knight difference’ in so many ways. We were not afraid to roll up our sleeves and assist Mrs C, when many other firms would have seen this as too risky and possibly shied away from the challenge. We always believed we could achieve a good result for Mrs C and our positive ‘can-do’ attitude is what guided every decision we made and helped us to navigate this claim to such a fantastic conclusion. Mrs C, who continues to suffer as a result of her injuries, now has the funds required to assist her rehabilitation as well as giving her a sense of justice having been served. It is cases like this which deliver the highest possible job satisfaction, and I am proud to have played a part in the journey to success.”

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