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Nichola Fosler

Partner in the Personal Injury department. Nichola acts in complex and high-value catastrophic personal injury claims and for clients who are pursuing professional negligence against their former solicitors in relation to mishandling of personal injury claims. In the last ten years, Nichola has secured over £100m for her clients. Nichola specialises in compensation claims for adults and children who have suffered catastrophic injury including spinal cord injury, brain injury and amputation claims. She also pursues professional negligence claims for those who have not been well served by their solicitors. Nichola assists her clients with accessing the specialised medical and rehabilitative support they need to lead, so far as possible, fully independent lives. Nichola adopts a holistic approach. Whilst her primary concern is to ensure that clients are funded for their immediate and future needs, she always considers the wider financial, emotive and other support that clients and their families require. Nichola consistently achieves excellent financial settlement awards, securing financial stability for her clients when they need it most. In the last ten years, Nichola has secured over £100m for her clients. Nichola is currently acting for a double amputee who was struck by a car whilst assisting a friend to change his tyre, and a young lady who sustained a spinal cord injury following a car accident in which she was a passenger. Recent settlements include: Burns and Amputation In Chisholm v D and R Hankins – Approved judgment, Nichola won the right to damages for a lorry driver following an accident at work which left him with severe burns and a below the knee amputation. Read the case study here – Lorry driver wins right to damages following accident at work which left him with severe injuries. Spinal cord injury The client, who was 28 at the time of the accident, sustained a spinal cord injury resulting in tetraplegia when he fell through an unsecured window during the course of his employment. The claim was settled for a lump sum of £6m and variable periodical payments of £170,000 per year rising to £210,000 per year from the age of 50. The claim was settled on a provisional damages basis in respect of the risk of syringomyelia. Interim payments totalling £1.175m were secured during the claim. Brain injury The client, who was 23 when his claim settled, suffered a brain injury in a collision with another vehicle. Expert evidence concluded that he was travelling in excess of the speed limit. Liability was resolved with a 10% deduction for contributory negligence. The claim settled for £1.4m plus annual periodical payments for care and case management of £25,000 per year for the remainder of his life. There was disputed evidence as to whether the client lacked mental capacity to manage his financial affairs. The settlement included provision for future Court of Protection professional fees/professional trustee costs. Professional negligence The client suffered a brain injury when she was knocked down by a car whilst crossing a road. Her former solicitors handled her claim negligently, resulting in her claim being struck out of court. Nichola took on the case as a professional negligence claim against the former solicitors, which settled for £325,000. · Stewarts Law LLP

EnglandPersonal Injury, Professional Negligence

About

Partner at Stewarts Law LLP who acts in complex, high-value catastrophic personal injury claims and pursues professional negligence claims against former solicitors. She has secured over £100m for clients in the last ten years.

Practice areas

Personal InjuryProfessional Negligence

Office

England

Stewarts Law LLP · Partner in the Personal Injury department. Nichola acts in complex and high-value catastrophic personal injury claims and for clients who are pursuing professional negligence against their former solicitors in relation to mishandling of personal injury claims. In the last ten years, Nichola has secured over £100m for her clients. Nichola specialises in compensation claims for adults and children who have suffered catastrophic injury including spinal cord injury, brain injury and amputation claims. She also pursues professional negligence claims for those who have not been well served by their solicitors. Nichola assists her clients with accessing the specialised medical and rehabilitative support they need to lead, so far as possible, fully independent lives. Nichola adopts a holistic approach. Whilst her primary concern is to ensure that clients are funded for their immediate and future needs, she always considers the wider financial, emotive and other support that clients and their families require. Nichola consistently achieves excellent financial settlement awards, securing financial stability for her clients when they need it most. In the last ten years, Nichola has secured over £100m for her clients. Nichola is currently acting for a double amputee who was struck by a car whilst assisting a friend to change his tyre, and a young lady who sustained a spinal cord injury following a car accident in which she was a passenger. Recent settlements include: Burns and Amputation In Chisholm v D and R Hankins – Approved judgment, Nichola won the right to damages for a lorry driver following an accident at work which left him with severe burns and a below the knee amputation. Read the case study here – Lorry driver wins right to damages following accident at work which left him with severe injuries. Spinal cord injury The client, who was 28 at the time of the accident, sustained a spinal cord injury resulting in tetraplegia when he fell through an unsecured window during the course of his employment. The claim was settled for a lump sum of £6m and variable periodical payments of £170,000 per year rising to £210,000 per year from the age of 50. The claim was settled on a provisional damages basis in respect of the risk of syringomyelia. Interim payments totalling £1.175m were secured during the claim. Brain injury The client, who was 23 when his claim settled, suffered a brain injury in a collision with another vehicle. Expert evidence concluded that he was travelling in excess of the speed limit. Liability was resolved with a 10% deduction for contributory negligence. The claim settled for £1.4m plus annual periodical payments for care and case management of £25,000 per year for the remainder of his life. There was disputed evidence as to whether the client lacked mental capacity to manage his financial affairs. The settlement included provision for future Court of Protection professional fees/professional trustee costs. Professional negligence The client suffered a brain injury when she was knocked down by a car whilst crossing a road. Her former solicitors handled her claim negligently, resulting in her claim being struck out of court. Nichola took on the case as a professional negligence claim against the former solicitors, which settled for £325,000.

England

Expertise

Catastrophic injury claimsSpinal cord injuryBrain injuryAmputation and burnsProfessional negligence against solicitorsPeriodical payments and long-term care fundingRehabilitation, case management and access to specialist medical supportCourt of Protection / trustee arrangements in settlements

Education

  • University of East Anglia, Norwich — LLB Law (Hons), 1993 (2:1)
  • College of Law, Guildford — LPC, 1994
  • Ashford High School
  • Spelthorne College

Admissions

  • Solicitor (England & Wales), qualified 1996
  • APIL — Accredited Senior Litigator
  • APIL — Spinal Cord Injury Specialist
  • APIL — Brain Injury Specialist
  • Law Society Personal Injury Panel
  • ISPO (International Society for Prosthetics and Orthotics)