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Clyde and Co LLP ‘would be our first choice for multi- jurisdictional work’.
Chambers & Partners Europe, UK
Case Study - Motor Claim, Germany
Background
Outcome
We acted for a German insurer in a road traffic accident which occurred in Germany.
The case was resolved at a joint settlement meeting for under £1.5m.
The Claimant was knocked from her motorcycle and suffered a brain injury and serious orthopaedic injury to her lower limb. Liability was resolved 60/40 in the Claimant’s favour in proceedings brought in the German courts. We were instructed in relation to the quantum only proceedings brought by the Claimant in England but with German law applying to quantification of damages. The Claimant alleged significant cognitive and mobility difficulties. She brought a claim in excess of £6.5m including an extensive care regime, aids provision and housing adaptions.
A key driver to reduction of the claim was obtaining the German ambulance record to demonstrate the correct initial recordings on severity of the brain injury. This meant our medical experts were able to conclude that the brain injury was mild and cognitive deficit was not permanent and would improve with treatment. By utilising our offices in Germany it was easy to obtain evidence on the ground such as ambulance records. Furthermore, we had invested in rehabilitation funding for the Claimant, and she commented via her solicitors at this had really helped her ‘turn a corner’, which was a real positive for co-operative settlement negotiations.
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