Substantial claim after driver suffers neck and back injuries

Despite the extent and effect of the injury being disputed over more than four years, Access Legal from Shoosmiths achieved a substantial settlement on behalf of a dental surgeon whose injuries affected his work.

Access Legal from Shoosmiths obtained expert medical and forensic accountancy evidence in order to support the full extent of the claim and issued Court proceedings in order to secure the right settlement for the client.

The claimant's soft tissue injuries to his neck and back resulted in nerve symptoms to his left dominant hand, preventing him returning to general dental practice. He was only able to carry out limited domiciliary dental work on a part-time basis, and suffered considerable loss of earnings.

Access Legal from Shoosmiths obtained a report from a consultant orthopaedic surgeon confirming that our client's injuries accelerated the effect of wear and tear in his neck, which, without the accident, would not have begun to restrict his work for many years.

A detailed report from a forensic accountant analysed the claimant's work from various dental contracts prior to the accident, and provided detailed calculations of his past and future losses based on the medical evidence from the orthopaedic surgeon.

The claim was substantially disputed, with the defendants arguing, based on evidence from their own experts, that the accident should not have caused the claimant difficulty with the physical aspects of his work for any more than a few months.  They also argued that in respect of the loss of earnings claimed, the claimant's income would not in fact have been much greater, in the absence of the accident, than the amount he had in fact been able to earn.

The claimant was visited at his home on two occasions, and detailed statements were prepared explaining his losses and addressing issues disputed by the defendants. Detailed questions were prepared for the medical experts to address in conference in an attempt to agree their differences, and a date for a three-day trial was secured before significantly increased settlement offers enabled the claim to be resolved.

Case handler

This case was handled by Nicky Selby-Short, a Senior Fellow of the Institute of Legal Executives in our serious injury department, in Basingstoke. Nicky has more than 20-years' experience of personal injury work, and her case load currently includes complex multi-track claims, including fatal accidents, amputation of limbs, spinal injury, brain injury, serious psychiatric injury, and injuries arising from motorcycle accidents. 

Client testimonial

"Nicky Selby-Short was superb, with excellent client handling skills; extremely professional."

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