David Withers

About Me

I'm a Partner and lead a large team specialising in catastrophic injury cases, mostly involving:

• Traumatic brain injury
• Spinal cord injury
• Amputation
• Very significant orthopaedic injuries.

I joined Irwin Mitchell as a trainee Solicitor in 2010. I qualified in 2012 and was awarded Higher Rights of Audience (Civil), giving me the same rights of audience in the Courts as a barrister. I became a partner in 2019.

I am the Secretary for the Association of Personal Injury Lawyer’s (APIL) Brain Injury Group. I am accredited by APIL as a Fellow and Brain Injury specialist. I assess aspiring lawyers who wish to become brain injury accredited on behalf of APIL. I have been published in the Journal of Personal Injury Lawyers, PI Focus, and NR Times.

I provide technical guidance to the National Serious Injury Team as part a national role. I also provide advice to all National Personal Injury Teams on funding issues.

I am one of three Partners leading the Sheffield Serious Injury Team. The team deals with cases ranging in value from £25,000 to many multi-million pounds. My team specifically deals with cases with a likely value in excess of £250,000.

I have recovered over £55,000,000 for our clients. The majority of my cases have an anonymity order by the Courts due to the Claimants lacking capacity.

In 2020, I presented to 225 aspiring lawyers in conjunction with the University of Law and Legal Cheek. In addition, I presented to 150 fellow lawyers on expert evidence in a virtual world.

I co-led in the set-up of a pro bono legal clinic at the Sheffield and District African Caribbean Community Association. This is a weekly advice clinic.

Notable cases

• £9,600,000 compensation, approved by the High Court, for a client who suffered a very severe traumatic brain injury and now has significant care needs due to neuro-behavioural problems.
• £6,300,000 compensation for a client who suffered a stroke after an injury to his carotid artery and now has permanent left-sided weakness and uses a wheelchair. There were complex issues including accommodation and care.
• £6,000,000 compensation, approved by the High Court, for a child who sustained a severe brain injury in a road traffic accident. The settlement will give our client the financial security to move out of his parent's home when the time is right.
• £4,400,000 compensation in an early resolution for a client who suffered a very severe traumatic brain injury.
• £3,600,000 compensation, approved by the High Court, for a client, letting him access rehabilitation, move into his own property, and spend more time with his son. Louise Jenkins and I took the case to court and succeeded, despite the Defendant denying liability in full.
• Seven-figure compensation, approved by the High Court, for a barrister who sustained catastrophic injuries, including a severe traumatic brain injury. We provided forensic evidence to prove the earnings he has lost due to the accident.