This month the spotlight is on a recent case that the ExamWorks Investigation Services (EWIS) team assisted on and the subsequent legal case that followed. The case was based on a personal injury claim made by an individual that was involved in an accident with a commercial vehicle.
The claimant, a pedestrian, was involved in a road traffic accident with a commercial vehicle, sustaining injuries from the collision and subsequently suffering a cardiac arrest at the scene.
Following the accident the claimant spent three days in intensive care, with a bleed on the brain and a number of weeks on a general ward recovering from his injuries. The seriousness of the claimant’s original injuries as a result of the accident were never disputed by our client and a fair claim would have been progressed without hesitation.
Unfortunately however, three years following their discharge from hospital, the claimant’s son filed a schedule of loss against our client, claiming that he had considerably deteriorated since the accident and was significantly disabled.
The claimant’s son instructed their legal team to pursue a claim that was asserted to be worth over seven figures.
As part of the claims process the claimant was examined by 2 medical experts, one requested by the claimant and one instructed by our client, the defendant. Both experts, in separate meetings months apart, were met with a mute and static claimant. The two experts struggled to find any medical explanation as to why the claimant had been left with such severe disabilities.
Our clients, unbeknownst to the claimant, decided to instruct EWIS to carry out surveillance and observe the claimant over several days between the two different expert’s appointments. Over the course of the surveillance, using an array of techniques, our operatives were able to record the claimant up and out of bed, attending a number of tyre and vehicle shops and interacting with staff at each of the shops.
The evidence was shared with the second expert, who following a careful review of the evidence provided an expert’s declaration that the injuries had been feigned. They also stated that the claimant was not suffering with the same issues he initially witnessed in his original examination.
The expert also stated the he felt that the son, who had given up his career to look after the claimant, had lied to them and had been deceitful. He felt that this deceit was likely for the purpose of financial gain.
Based on this declaration, our client applied to have the case dismissed based on the evidence provided by EWIS.
After careful consideration, the judge decided to dismiss the case due to the fundamental dishonesty of both the claimant and his son. The court also ruled that based on the dishonesty even the honest part of the claim would be dismissed. The claimant was ordered to make an immediate interim payment of £50,000 in costs to cover the legal fees incurred by our clients.
This was a fantastic result for our clients and was only made possible through the techniques and experience of our specialist teams. With photographic and video evidence, a case that could have cost our clients millions ended up with a fantastic result and a decision in their favour.