Levenes settled a personal injury claim close to Trial

The importance of accurate information with medical experts

Levenes have settled a claim shortly before it was due to go to trial after the insurers changed their stance about the validity of the claim.

Our client was working in a warehouse when he was struck by 2 heavy dumpster type metal bins. His colleague negligently attempted to move them both at the same time and he lost control of one of them, which struck the client on his back.

He suffered an injury to his back and was off sick. The insurers admitted liability and paid for his private physiotherapy.

The case was proceeding normally at this point. Levenes instructed a medical expert and the client attended the medical examination.

He had had a few previous accidents and injuries although he had never made a claim before. Unfortunately, he did not tell the expert about all his previous accidents and history of back pain.

He has fully recovered at the time of the index accident, but he forgot to tell the medical expert that he had a history of back problems.

When the insurers saw the report, it seemed to trigger with them some concerns about the case and they failed to make an offer.

Levenes issued proceedings and the case was heading for trial

The client had to make a statement explaining his full medical history and that was served.

Even then, the insurers were not willing to make any offer, even though they admitted that he had suffered injury and that it was the employer’s fault. Eventually, 2 days before the case was due to go to trial they agreed to settle.

This case study illustrates the importance of answering medical expert’s questions fully. When clients attend medical examinations they will be asked about any previous medical conditions, injuries or illnesses.

Insurers become suspicious when previous accidents are not mentioned because they tend to assume that the person was attempting to hide something.

Insurers know about previous road accident claims because of access to databases that insurers share, and details of any previous health condition are set out in medical records that they can request.

If the claim had not settled, they might well have asked the court to dismiss the client on the basis of dishonesty.

We did not consider the client to be dishonest, but it would have been the judge who had to make that decision.

This situation would have been avoided if the client had not forgotten to tell the medical expert about his previous accidents and pre-existing back issues.

The client was represented by Tim Beasley, Partner and Ewa Kosim, Paralegal.

Accident at work

Our specialist lawyers can help victims involved in an accident recover compensation. You will need expert advice on what action you can take to obtain accident compensation. You can trust in the experience and knowledge of our team of professional injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.

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