Petar Starcevic Personal Injury

Call: 1983

Introduction

Petar has long experience in personal injury cases and clinical disputes. Most of his work is multi-track claimant work. He also undertakes employment work, which overlaps well in cases of injury arising out of work.

Memberships:

  • ELA
  • PIBA
  • AvMA
  • Birmingham Medico Legal Society

Personal Injury

Petar’s personal injury practice is mainly claimant and multi-track including:

  • fatal accident claims;
  • Roberts v Johnstone claims;
  • Brain injuries;
  • Claims involving service personnel and loss of pension;
  • Stress and psychiatric illness arising out of work (Petar’s substantial employment law practice provides an overlap in this area).

Petar also has particular experience in claims involving related insurance issues and has acted in cases involving the following insurance related issues:

  • claims made directly against insurers under the European directive;
  • MIB claims;
  • claims against companies whose insurance has been repudiated including personal claims against directors and employees where the company is in liquidation;
  • claims for professional negligence against insurance brokers for failing to arrange appropriate insurance or act carefully once notified of claims;
  • s.151 RTA claims involving Churchill Insurance v Wilkinson.

Reported Cases:

  • T v C – severe brain injury following RTA;
  • P v WPS Ltd – severe crush injuries in accident at work leading to damage to lungs and reduced life expectancy.
  • A v AG Ltd – accident at work leading to severe brain injury, legal incapacity and requiring life long care.
  • W v J plc – severe brain injury, unusual in that it was in respect of an already brain injured claimant.
  • T v C – high value accident at work claim against employing company and directors personally with related contested claims against insurers and insurance brokers.
  • W v MoD – injury to serviceman on exrcise including claims for career loss and loss of pension.
  • S v Police – claim by serving police officer injured whilst engaged in firearms training.
  • K v PS – claim for stress at work from multiple breaches of duty leading to loss of career.
  • Fatal Accidents Act claims include:
  • PS v NHS – death of father and main provider, settled with approval from the court;
  • OB v T – fatal accident of professional man with his own business, claims on behalf of dependants.
  • TD v A – death of wife, settled just before final trial;
  • A v NHS – death of father with dependant children, settled with court approval;
  • OB v H – fatal accident of professional man with his own business, claims on behalf of dependants, settled after JSM;
  • A v NHS – interesting FAA claim arising out of suicide
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Catastrophic injuries

Catastrophic injuries:

  • Cerebral palsy following peri-natal negligence. Severe disability, life long care and accommodation requirements for claimant and family, settled at JSM.
  • Severe brain injury following accident at work, capacity in issue, difficult client care, life long loss of earnings and care.
  • Severe brain injury following RTA, unusual because it involved an already brain injured claimant.
  • RTA leading to the loss of both lower limbs, claim for single storey and ongoing care, difficult issues over life expectancy.
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Fatal Accidents

Fatal Accidents:

  • Suicide by mentally ill in-patient whilst on adventure activity, consideration of claims against the hospital, including a claim under the Human Rights Act and against the activity provider.
  • Numerous claims of death following medical negligence e.g. failure to diagnose and treat aortic dissection; pulmonary embolism; and pancreatitis following ERCP.
  • RTA resulting initially in two fatalities and one severe brain injury in the same family, complicated by claim by local authority for reimbursement of accommodation and care costs.
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Industrial Disease

Industrial disease and workplace accident:

  • Stress at work claims, including issues of abuse of process and issue estoppel in claims following tribunal claims.
  • Claims against directors personally where no EL insurance in place, including related professional negligence claims against insurance brokers for failing to arrange suitable insurance.
  • Mesothelioma claims.
  • NIHL claims.
  • Claims by service personnel following injuries resulting in loss of military career, e.g. non-freezing cold injury, but also cases of third party negligence resulting in loss of military career.
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Travel and Holiday Claims

Travel & Holiday claims:

  • Claim to trial against package tour operator (Kuoni) and add on tour booked in resort during which injury was caused negligently.
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