Claims in which David has acted include:
- A claim against the Ministry of Defence for failing to refer a soldier for medical treatment. The failure to refer occurred some 15 years before the claimant sought advice. The claimant was out of time but after a two-day hearing the court was persuaded to exercise its discretion and allow a claim out of time. The claimant went on to succeed on liability and received damages for brain injury resulting from the failure to refer.
- Acting for a car passenger who was seriously injured as a result of a road traffic accident. The defendant argued that the injury was caused, in part or in full, by the claimant’s failure to wear a seat belt. At trial the claimant’s medical and engineering experts were able to show that the seat belt made no difference and full damages were awarded.
- Acting for a client who was seriously injured when her car started to smoke from the bonnet and she had to exit the car in an emergency. She was hit by an oncoming vehicle. The defendant, (the driver of the oncoming vehicle), argued that there was nothing she could have done to avoid hitting the claimant. Just prior to trial the experts instructed were able to show that the defendant should have predicted what might have happened and the claimant was awarded substantial damages.
- Acting for a motorcyclist killed during a collision with a lorry. There were no witnesses other than the lorry driver, who said that the motorcyclist tried to squeeze past him. At trial, after considerable accident reconstruction evidence, it was shown that the lorry driver had started to turn right whilst being overtaken by the motorcycle, causing the collision. Damages were awarded to compensate the family for loss of a husband and father.
David has acted in a broad range of cases and has particular experience in military claims, claims involving victims of road traffic accidents and accident at work claims. David has developed a niche area acting for those injured by animals, in particular by horses. David has significant expertise with serious burns injuries, limb amputations, spinal cord and brain injuries.
David obtained a degree in Physics with Medical Physics from Exeter University. He completed the Diploma in Law and the LPC at Nottingham University. David worked for Pye-Smiths, Solicitors in Salisbury and was head of Personal Injury at Trethowans. Prior to joining Stewarts, David was head of BL Claims, the injury department at Blake Morgan.
Accreditations and Memberships
- David was a Law Society Personal Injury Panel for over 10 years.
- From 2003, he has been a litigator then a senior litigator with the Association of Personal Injury Lawyers.
- He has been listed as an approved solicitor with both the Spinal Injuries Association and Headway charities for over 10 years.
- David acted as Chairman for Headway for six years.