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Case Study: Abuse survivor awarded 6 figure settlement.

Carly Philp, Morecrofts, Personal Injury Solicitors

One of our Personal injury solicitors, Carly Philp celebrates a recent successful outcome for one of our clients:

We were delighted to be able to recently secure our client, an extremely vulnerable abuse survivor, a six-figure award of compensation without putting him through the ordeal of a harrowing court trial.

The facts of the case:

In the mid 70s Mr A was a pupil at the Defendant’s school. The Defendant employed Mr B as a teacher at the school. For 2 years Mr B committed repeated sexual offences against Mr A during the school day and on the school’s premises. Many years later Mr B was subsequently convicted of 12 offences against Mr A. We became involved after the conviction had been secured.

What we did:

Carly, an expert personal injury solicitor, managed to bring a successful claim on behalf of Mr A against the Defendant who we alleged was vicariously liable for the acts of Mr B, their employee. As a result of these acts Mr A suffered from PTSD and alcohol-related disabilities.

As part of this process, court proceedings had to be issued in light of the fact that this claim was technically 30+ years out of time. We had to put legal arguments forward to persuade the Defendant that we were confident the court was likely to dis-apply the statutory 3 year time limit. This involved a number of face-to-face meetings with our client to build a trusting relationship with him so we could take a detailed chronology of his life. We also had to build relationships with his close family members for the purpose of preparing witness evidence from them. Furthermore, we needed to persuade the Defendant that they were in fact liable for their employee’s acts by relying on established principles of law. Most importantly, we needed to link the acts of abuse to the client’s ongoing and long-standing injuries. A Consultant Psychiatrist was engaged to report on the cause and effect of our client’s condition and prognosis. A Forensic Accountant was instructed to report on our client’s lost earnings and pension. A Consultant Occupational Therapist was instructed to report on our client’s social and care requirements. Legal arguments about aggravated damages were also put forward.

The Defendant similarly instructed their own experts. There was a dispute between the Psychiatrists about the cause of our client’s conditions. Whilst this initially posed an evidential uncertainty for us, we successfully challenged the evidence presented by the Defendant’s psychiatric expert thanks to our own thorough and forensic investigation into our client’s medical and family history.

The Defendant initially attempted to settle the case for £5,000. We gave our client the confidence to continue with the claim by offering him the reassurance of our expertise and experience of over 25 years in this area of law. With the trust and confidence we had built with our client, and perseverance, the case finally settled for £300,000 without the necessity of a Trial. Our client did not wish to give evidence in court and therefore he was delighted with the end result. He expressed his sincere gratitude with our sensitive and friendly handling of his case. He had approached us at the outset as our team had been recommended to him as experts in our field.

Throughout the matter our Personal Injury solicitors treated Mr A with the utmost care and compassion.

Here’s what Carly had to say:

This case took almost 4 years to conclude from start to finish, which is not unusual in these kinds of cases. I took great pleasure in securing this result for Mr A. I was very grateful to Mr A for his patience, and for the trust and confidence he put in me in handling this extremely important case for him. Without this, the case could have ended much sooner, but at a much reduced value. I am happy that the settlement we reached enables Mr A to secure his future and get the treatment he deserves. I feel very fortunate to be able to help people like Mr A in my role at Morecrofts

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Read more about Carly Philp here

Call: 0151 236 8871 Email: info@morecrofts.co.uk Call: 0151 236 8871