The First Solicitor

Now with specialist care needs, Paul’s siblings understood how important it was to try and get compensation for him, to not only pay for his care, but to make life as comfortable for him as possible.

Paul’s brother Martin explained: “We went to a solicitor and filled out all the paperwork.” After a couple of years with little progress “they dropped us kind of thing… they were not getting anywhere; I really don’t know what happened.”

The family were left without representation and had all but given up on any chance of compensation.

Robin Patey, Principal Partner within our Road Traffic Accident team provides more details. “The previous solicitor will have had a good look at the case and conducted their initial enquiries and felt the prospects of a successful outcome didn’t look great, ultimately deciding not to take the risk. Which is understandable given the complexity, it’s certainly not a straightforward case.”

Turning to Express Solicitors

Explaining what happened next Martin said: “I saw an advert, that’s how I got to Robin. I thought I would try it once more and if nothing works, I was going to let it go. I just fought for my brother.”

“I gave Robin my old paperwork, told him everything I knew and what happened to Paul and eventually Robin accepted my case.”

Robin reflected on taking on the case: “Listening to the family and hearing Paul’s story, I quickly understood the significance. Compensation would improve and safeguard Paul’s quality of life. With the experience my team and I have in managing complex cases like Paul’s, I felt we had a fighting chance.”

Compensation

The defendant in this case was the driver who hit Paul. His legal team made it clear that they believed Paul had run out in front of the defendant and there was nothing he could do to avoid the accident happening. They denied any liability up until the days before the case went to trial.

Robin explained: “With no independent witnesses to the accident, there were arguments on both sides regarding liability. We put together a strong case using the evidence we did have and were unwavering in our defence of Paul. The defendant’s team eventually, just before trial, accepted a degree of liability.”

The trial proceeded to determine the level of Paul’s contribution to the accident, which revolved around Paul failing to properly look before crossing the road. The judge found Paul 20% liable.

Subsequently, it became a matter of determining the amount of compensation Paul would receive. The team diligently worked on establishing what Paul’s life would look like moving forward, with the assistance of numerous experts. Arguments were made regarding Paul’s life expectancy and whether he would continue to reside in a care home or be able to integrate into the community.

Ultimately, it was agreed that the defendant would pay damages and costs totalling £750,000, which included various other payments to the family for care and assistance.

Why was the compensation so important?

Since the accident Paul has been living in a specialist care home near where he grew up. Being able to fund his care for the foreseeable has provided the family with the comfort Paul is being looked after and won’t need to move in the future, Martin added: “With Paul having a brain injury, uprooting and moving him at this stage in his life wouldn’t be fair. He is settled in.”

The family have been able to decorate his room and buy the very best equipment to make his life as comfortable and as enjoyable as they can. “Anything to make him happy and give him a good quality of life.”

As litigation friends and primary support, the siblings received compensation to help them to provide care and assistance. “Financially (It has helped) I will be down to see him next week, I can stay in a hotel rather than have all the travelling.” (Martin lives across country which means driving up and down in one day to see Paul is difficult.)

Working with Express

Reflecting on his experience with Express Solicitors Martin said: “It has taken four years (but), they have been brilliant I am not just saying that Robin, Lee and Leanne and Diane – very nice and very helpful.

I met up with Robin and Lee and they were lovely, it’s nice to put a face to a name, they couldn’t have been nicer and made me feel welcome. They have been amazing I can’t thank them enough.”

How did ‘no win no fee’ help the family fight for Paul?

Speaking about the no win no fee agreement with Express, Martin said: “I couldn’t have taken it on (finance the legal proceedings), I am in my 60s and hoping to retire. Financially I must keep on working.”

“If we won, they (Express) got 25% and if they didn’t win, I didn’t have to pay anything. A lot of people in my situation don’t have the money for the lawyers.”

“It’s been stressful and taken a few years, but to be honest with you it’s been worth it; we got that money for Paul, and we can now do what we can for him – life is too short.”

Contact us

Have you been in an accident at work 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.