Michael O'Neill

Michael O'Neill

Year of call:

2007, Lincoln’s Inn

Contact:

Michael O'Neill

Associations:

Personal Injury Bar Association

Education:

LLB (Hons) University of Liverpool

Mike has a busy personal injury practice which sees him regularly instructed by both Claimant and Defendant firms.

He has experience of a wide range of complex matters including catastrophic injuries, chronic pain disorders, fatal accidents and non freezing cold injuries.

Mike is regularly instructed in multi-track matters and is experienced in dealing with high value cases featuring significant claims for loss of earnings, care and assistance and accommodation. He has acted in numerous high value cases, valued far in excess of £100,000 and is frequently asked to provide early advice as to potential heads of loss and appropriate medical evidence.

NOTABLE RECENT CASES
• JH v LL – Acted for Claimant who sustained a serious ankle fracture necessitating numerous operations and eventual fusion. After a successful liability only trial, the Defendant’s highest offer was £95,000. Settled at JSM for £280,000.

• RD v UQ – Acted for Claimant who sustained a serious spinal fracture after a roof collapsed at work. He later developed chronic pain and was unlikely to return to work. Settled for £150,000.

• HK v MK – Acting for Claimant who has been left wheelchair bound and doubly incontinent following a serious RTA. Despite repeated surgeries to her thoracic spine the prognosis is poor. Pleaded a provisional schedule of loss in excess of £1,500,000, with various heads of loss yet to be finalised, pending further expert reports addressing care, accommodation, aids and equipment.

• AW v RSL – Acted for Claimant who underwent spinal fusion after suffering a prolapsed disc. Settled for £152,000.

• PB v LV – Acting for 81-year-old protected party, who suffered a complete amputation of all of the toes of one foot, following a collision with a lorry whilst on a pedestrian crossing. A significant care claim was complicated by the progression of her pre-existing dementia. Settled, subject to the Court’s approval, for £35,000, given the poor prospects of success on liability.

• GR v LC – Ongoing fatal accident claim, pleaded at £220,000. The claim for financial dependency is complicated by the Claimant’s failure to declare that the deceased had been living with her.

Mike acts at all stages of litigation and assists with the provision of early advice on the merits, the drafting of pleadings and schedules/counter schedules of loss, attendance at interlocutory hearings including costs and case management conferences and representation at trial, both on the fast and multi tracks.

His practice covers a variety of areas, including employer’s liability, road traffic, insurance fraud, industrial disease, CICA claims, military claims and clinical negligence.

Insurance Fraud
Mike is regularly instructed by a number of large Defendant firms in motor fraud matters including staged/induced accidents, low velocity impact and bogus passenger claims.

He prides himself on giving frank and direct advice and is always mindful of the competing policy and commercial interests prevalent in such cases.

Mike regularly drafts robust Defences to suspicious claims. He is conscious of the need to set out the Defendant’s case comprehensively but without prejudicing the Defendant by making reference to matters not yet fully investigated.

Mike is, however, a trial advocate at heart, adopting a tenacious yet tactical approach to cross-examination. He is comfortable dealing with document heavy cases, bringing a thorough and forensic approach to case analysis. He recognises that the "devil is in the detail" in fraud cases and is adept at identifying the key points that can turn a case in the Defendant’s favour.

He recognises the need for a swift turnaround on all paperwork and is comfortable dealing with urgent cases with pressing deadlines.

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