Michael Smith

Overview

Michael has developed a strong practice in exclusively serious personal injury litigation since 2017, alongside a smaller but growing subset of clinical negligence cases. Most of his instructions are in claims valued at up to 500,000, though he has acted in cases that concluded with awards exceeding £1M. When instructed timeously, Michael also represents clients at inquests.

Acting for both Claimants and Defendants, Michael is particularly valued by his clients for his approachability, mastery of complex causation issues, and consistently reliable costs budgeting analysis. The experience he has gained from representing both Claimants and Defendants has made Michael adept at explaining complex issues to lay people in simple to understand terms, managing expectations, and provided him with understanding of the commercial realities of insurer clients (including reserving philosophies).

Personal Injury

Michael’s practice is in exclusively serious personal injury litigation. Most of his instructions are in claims valued at up to £500,000, though he has acted in cases that concluded with awards exceeding £1M.

Michael is experienced in dealing with life-changing injuries. His previous and current instructions include orthopaedic injuries, brain injuries, polytrauma, amputation & elective amputation, and persistent pain disorders. He is particularly valued by his clients for his mastery of complex causation issues, record heavy cases, and consistently reliable costs budgeting analysis.

He acts for both Claimants and Defendants across the range of accident types, with a particular emphasis upon EL & RTA claims. Michael has developed a reputation of which he is very proud. He is approachable, being happy to discuss matters informally prior to being instructed. His experience of representing both sides has made Michael adept at explaining complex issues to lay people in simple to understand terms, managing expectations, as well as sensitivity to the commercial realities of insurer clients (including reserving philosophies).

A selection of his previous cases includes:

G v S & EUI – Claimant. Polytrauma + TBI aged 26. Catastrophic brachial plexus injury, elective amputation, LUKE arm provision. Settled for £6M in mediation in 2021 (led by Marc Willems KC)

G v B – Claimant. Above knee amputation aged 71. Settled for ~ £1M in 2018 when C aged 75

S v Thames Water – Claimant. Confined space engineer, washed away by surging wall of water when working in sewers and Penstock gate failed. Settled at JSM in December 2021 for £200,00

H v S – Defendant. RTA. Schatzker Type II tibial plateau fracture, traumatic rotator cuff tear, alleged provoked onset of psoriatic arthritis. Claim pleaded at £800,000. Settled Jan 2023, after JSM, but at the ceiling figure I advised of £300,000 during JSM

O v BB Ltd – Claimant. Serious midfoot fractures, C expressed intention to amputate. Settled for £500,000 (October 2024)

H v W – Claimant. Serving police officer, struck by car whilst riding motorcycle. Multiple injuries, settled for £120,000 in February 2025 (causation problems)

R v P – Claimant. Struck by a car when crossing the road, spinal fractures. Late brief for split trial. Def maintained denial and refusal to consider settlement until 2 weeks before trial in March 2025, following my instruction and advice as to how to approach the Defendant. Settled on a global basis

L v H & W – First Defendant. Defence of novus actus of medical practitioner following road traffic collision. Claim pleaded at ~£250K. Settled at a round table, with First Defendant contributing only £21,000.00 to the £100,000.00 settlement.

Clinical Negligence

As Michael’s serious injury practice grew, he developed a smaller subset of clinical negligence claims. He accepts instructions in both living and fatal clinical negligence cases.

His current instructions include negligently performed abdominal surgery, leaving the Claimant with an open and unhealed wound in his abdomen, and acting for the family of a doctor who died from a brain injury after falling out of bed in a hospital setting.

Insurance Fraud

Prior to developing his exclusively serious injury practice, Michael routinely undertook advisory, drafting, and advocacy work for insurers in respect of insurance fraud and fundamental dishonesty. He did not represent Claimants in such cases. Of those defences pursued to trial by insurer clients in which Michael was instructed, all succeeded. They were predominantly cases involving exaggerated claims. He did not represent Claimants in such cases.

Whilst Michael now only acts in serious & higher value personal injury litigation, he knows from experience that such claims are far from immune from dishonesty & exaggeration. He is acutely aware of the growing trend of exaggeration featuring in larger loss cases Michael’s previous experience in this field acts as a vital screening tool in every case in which he is instructed.

Inquests and Public Inquiries

When instructed timeously, Michael also represents clients at inquests. His previous inquests include representing:

Family of an 18-year-old man killed by an elderly motorist travelling the wrong way along the M60.

Family of a 6-year-old girl stuck by an HGV when the driver ignored a no access for HGVs sign.

Van driver that caused the death of a 30-year-old motorcyclist when making a right turn as the motorcycle approached.

Construction company whose guardrail fencing off a trench for laying gas piping fell down. The deceased fell and sustained a blood clot which caused her death several days later. Jury found insufficient evidence that deceased either fell over the fallen fencing or in/near the unguarded trench.