Abigail’s cases range from those injuries arising out of road traffic accidents and accidents at work to fatal accidents and accidents abroad.
She also co-editor of the Occupier’s Liability and Defective Premises Chapter of APIL Personal Injury, Law Practice and Precedents. She has dealt with a number of CICA cases including those arising out of assaults resulting in brain injury and maximum or near maximum CICA awards. Her cases include those resulting in serious orthopaedic injuries and brain injury.
Abigail is also frequently instructed on cases in which medical causation has been complex such as where the Claimant has developed additional complications or life threatening conditions during the course of the litigation and cases in which pre and post-accident drug use or behavioural difficulties have compounded the disabilities suffered. She has acted in cases involving injuries resulting in fibromyalgia, CRPS, chronic pain, chronic fatigue syndrome and somatoform disorder together with those involving allegations of fraud or exaggeration including those in which damaging surveillance evidence has been obtained. She is familiar with claims in which the Claimant has ‘borderline capacity’ to manage the litigation and their finances and claims where the Claimant has moved abroad giving rise to the need to consider bespoke evidence as to the impact of disability on the labour market and an alternative discount rate or periodical payments order.
Notable Personal Injury cases
AT v CB 2020
RTA resulting in brain injury requiring the ongoing need for case management and a support worker. Complex issues surrounding capacity and the use of an LPA to manage the settlement sum.
AF v An Employer July 2019
A claim in which the Claimant suffered an ankle fracture and thereafter a somatoform disorder as a result of an accident at work. Orthopaedic, pain and psychiatric evidence was required. The Claimant settled at JSM for just over £230,000.
PP v MB December 2018
Representing a Claimant in a claim arising out of a catastrophic RTA in which the Claimant, a farmer, suffered life changing orthopaedic injuries and his fiancé, a student, died. Employment evidence was required to assess the deceased’s chance of securing work following graduation in her chosen field of behavioural analysis. The matter settled at JSM for 1.15 million.
FD v JP December 2017
Representing a Claimant who sustained orthopaedic injuries during a high impact RTA. Some years later she developed widespread chronic pain. The Claimant’s experts attributed the deterioration the sequelae of the accident and the Defendant’s experts attributed it to an exacerbation of a pre existing somatoform disorder. The matter settled at a Pre trial settlement hearing for £160,000.
Re: LH March 2017
The Claimant suffered from a wedge compression fracture and chronic pain following an accident at work. He underwent a residential pain management course during the course of the litigation. The claim settled for £500,000 at a JSM a few days after the change in discount rate.
Tina Blandford v The Forestry Commission and Others 2017
Successfully defended an Occupiers’ Liability case at trial. The Claimant sustained injury as a result of her horse becoming spooked by a log transporter whilst riding through the Forest of Dean and alleged that the signage within the forest was inadequate.
Re: PL 2016
C sustained an ankle injury and DVT following an accident at work. During the cause of the litigation he suffered a stroke and venous ulceration. He was then diagnosed with pulmonary hypertension and had a substantially reduced life expectancy. Medical causation was extremely complex and multiple causation experts were required.
Re: CJ 2015
Representing the Claimant who had been run over whilst lying drunk in the road. As a result he sustained serious orthopaedic and pelvic injuries resulting in disability and erectile dysfunction. It was also alleged (but disputed) that he sustained a frontal lobe injury resulting in psychological injuries and cocaine addiction. The case was complicated by pre accident recreational drug use. The case settled for £185,000 less 35% contributory negligence.
Re: CC 2014
Representing an applicant in a CICA claim who sustained a brain injury following an unprovoked assault in a pub. Following extensive rehabilitation he was able to return to work in a semi sheltered environment. The modest sum of compensation initially offered by the CICB was increased to in excess of £412,000 by the first-tier tribunal.