Client Success Stories

Simon Helliwell, Chartered Legal Executive in our personal injury department recently obtained compensation in excess of £3 million pounds for a client that suffered a traumatic brain injury in a road traffic accident.

Simon accepted the case when it was close to the Limitation date, which is the latest date legal proceedings can be commenced, after other firms had rejected the case as it was too risky or complex.

Fortunately for the Claimant Simon saw something in the case that others didn’t.

He comments:

“The case was risky from day one but after obtaining a copy of the Police Report I could see that the Claimant had an arguable case. I can see why other law firms had decided not to touch the case as it was incredibly time intensive and complex. Other firms decided not to take the risk. I did !

I am pleased for both my client and I that my instincts paid off. It was the last throw of the dice for the Claimant. Whilst others had been put off by the complex nature of the case, I really wanted to work to get the compensation that my client deserved. There’s no better feeling than to essentially pull a rabbit from a hat and turn a losing case into a winning case and be able to advise a client that instead of getting no compensation in their case at all he/she will be getting a substantial and life changing sum that will essentially set them up for life”.

The settlement comes on top of another settlement Simon achieved for a brain injured client some 5 days earlier in the region of £ ½ Million pounds.

“In that case my client was a young passenger who following the accident was unable to resume his studies and as a consequence had a knock on effect on what he was likely to earn in income in the future. At the time of settlement he had recently married and became a father so the settlement gave him the security he required for his and his family’s future”.

Injuries to the brain can result in catastrophic consequences. Even a moderate brain injury can have significant impact on a victim’s way of life. If someone else is to blame for your injury, it may be possible to make a claim for damages. Our ethos is to make sure we cover every angle in order to maximise your claim to give you future security. The team at Ison Harrison also work closely with case managers and insurers to ensure that your rehabilitation and current and future care needs are at the core of our thinking.

A former soldier of the British Army received a six figure sum as a result of developing non-freezing cold injuries during basic training in 2017 when he was 16 years of age. Conditions outside at Catterick dropped to minus 15 degrees Celsius during the night. It was snowy and very boggy underfoot. There were no foot or hand inspections by the seniors. Our client was not provided with suitable protective equipment. Our client reported symptoms to his section commander, which were suggestive of a cold injury however he was not downgraded. He continued on the exercise until his feet were very painful.

During a weekend of leave he went to his local accident and emergency who referred him to the Army doctor and was then downgraded. Despite being downgraded he had to continue on exercises outside which resulted in a worsening of his condition. He had to continue with guard duty which involved standing outside for long periods of time. He was “beasted” by his section commanders for limping and not completing tasks properly.

Our client had no alternative but to leave the Army as he could not cope with his injury or the way he was being treated. A particular feature of this case was our client’s very young age. We argued there was even more of an onus on the chain of command to conduct regular inspections in relation to somebody who was so young when he joined the Army. He consulted us some years after the initial injury and after he was discharged. Whilst the claim was out of time, we pursued it and obtained a six figure settlement sum for him.

Our client is a former Colour Sergeant who served in the 1 Royal Welsh Regiment. He suffered a dislocated shoulder when he fell on a ramp at SENTA, which was unlit and unguarded. SENTA is a UK Ministry of Defence training area near Sennybridge, Wales.

Our client had to have surgery following the injury which impacted upon his career progression. He was due to leave the service anyway after the accident occurred. He remains disadvantaged in terms of his employment choices due to ongoing issues with discomfort. He had some underlying damage to his shoulder due to previous dislocations which complicated proving all of the symptoms were due to the accident. The claim settled for £60k.

A former soldier received significant damages following the development of non-freezing cold injuries whilst on exercise in 2012 when the temperatures got down to minus 12 degrees c at the Brecon Beacons. Conditions were freezing and there was snow underfoot.

Our client remained in wet clothing for long periods of time. He had to lay directly on the ground without a raised bed. He attended the medical centre as his toes burned in the shower. Despite obvious injury, he was not downgraded and had to continue on exercise. He was advised to “man up” by his Corporals. He had further attendances at the medical centre due to ongoing symptoms. He was referred to the Institute of Naval Medicine in 2016 and was diagnosed with a non-freezing cold injury. He was advised not to complain about the injury as it would end his career. He continued to be exposed to freezing and wet conditions on exercise which aggravated his injury. He opted to leave himself as he could no longer continue due to his injuries. He is no longer able to work in cold environments. He will need to wear protective gloves and appropriate footwear for the remainder of his life.

Our client is a former Gunner in the British Army. He suffered cold injuries whilst in service as a result of laying around in the snow for long periods of time and patrols in freezing conditions. Furthermore, he spent a lot of time out in the field for days and weeks on end in freezing and wet conditions without suitable protective kit. Our client worked all over the world including Bavaria, Sennelager in Germany and the Brecon Beacons where weather conditions were extremely harsh. Our client was vulnerable to developing cold injuries due to his ethnicity. There was a failure by the MOD to carry out an appropriate risk assessment and also to provide him with suitably protective kit. Despite complaints of injury, he had to continue with his service rather than be taken off the exercise. Furthermore, our client was never referred for a formal diagnosis of injury when he was in service.

After our client left the Army due to an unrelated condition, he received a diagnosis of a minor level of cold sensitivity, which fell short of a non-freezing cold injury. He now suffers with symptoms of discomfort in his hands and feet. He is prevented from working in cold conditions. His claim settled for £32,000 net after a deduction of 20% from the overall value of the claim which was agreed with the MOD due to litigation risk.

We recently helped a victim of multiple sexual assaults secure compensation through the Armed Forces Compensation Scheme. Our client suffered multiple sexual assaults whilst serving in the military. She was diagnosed with PTSD as a consequence and medically discharged. She received a significant lump sum and future pension payments which will help to secure her future and that of her family.

Claim settled for a former Royal Marine, who developed a severe non-freezing cold injury to his hands and feet whilst out on training exercises in the Brecon Beacons and Sennelager in Germany. He was exposed to freezing and wet conditions for long periods of time. There were inadequate drying facilities and inappropriate kit provided.

The claimant was ethnically vulnerable to developing cold injuries. He suffered permanent nerve damage to his hands and feet and can no longer work in the cold. He was medically discharged due to the non-freezing cold injury. He was deprived of the opportunity of pursuing a full career and suffered wage and pension losses. His claim settled for £780k.

We recently settled a case for a former serving Officer of the British Army, who suffered from hearing loss, tinnitus and an aggravation of PTSD following a battle simulation exercise. An explosive device was detonated close to our client, which resulted in injury to him and his soldiers, causing multiple injuries. Our client had previously carried out several tours in Afghanistan.

The Ministry of Defence admitted liability for the incident but disputed the amount of compensation which he sought to recover. Our client was retired on medical grounds. He now experiences low mood and suffers from intrusive thoughts. The Ministry of Defence initially offered to pay £12,500 net of AFCS and pension payments, which was increased to £50,000 net.