I'm a Partner and lead a large team specialising in catastrophic injury cases, mostly involving:
- Traumatic brain injury
- Spinal cord injury
- 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.
- £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.
What inspired you to get into law?
During my gap year, I worked for an insurance company. I remember becoming interested in how the law could be used as a tool to find solutions for people. Subsequently, at university, I thoroughly enjoyed studying tort law and I have never looked back.
What is the most rewarding aspect of your role?
As a Partner, my role is very varied. I run a large team specialising in serious injury cases. I strive to ensure that we're constantly excelling and improving. I enjoy securing strong outcomes for our clients, enabling them to regain some quality of life.
What do you like about working at Irwin Mitchell?
I love the variety and the empowerment that we are given to play to our strengths.
I lead a fantastic team, securing exceptional client outcomes.
I'm able to secure seven figure damages settlements for my clients, protecting their future.
I provide training and presentations.
I mentor aspiring lawyers and other lawyers within Irwin Mitchell.
I am involved in devising our law reform strategy and answering technical queries.
There are so many opportunities and I get to work alongside like-minded people, in a collegiate environment.
What do you do away from the office?
I have a young son, Archie, who keeps me very busy. We enjoy walking and eating out. I am also a long-suffering Arsenal fan.
"David Withers is an up and coming star who is willing to take on and fight the most difficult cases to obtain a result for his client. Despite this difficult case load he is almost always successful, obtaining great outcomes for his client despite the difficulties he faces." – Legal 500, 2019
"Associate to watch: willing to take on the most difficult arguments” - Legal 500, 2018
"David Withers and Ewan Bain along with the very supportive team at Irwin Mitchell have provided my son with care, dignity and on going support throughout a very difficult and emotional time. The support has been extended to the whole family. The team give thorough information with care and respect in a timely and respectful way. a hard working team with the client at the heart of the case." - Client's parent
"I was so very fortunate to have Irwin Mitchell acting for me in my serious injuries claim, my case was incredibly complex. My litigation Solicitor, David Withers, and his team worked extremely hard and secured early interim payments to enable funding for my much needed rehabilitation programme, a caseworker was appointed and support staff were employed to support me.
"Also early on in my case, funding was secured for a suitably adapted rental bungalow enabling me to have my young son stay for weekends with the help of my support worker. Throughout the long journey of my case, David and the team worked tirelessly and supported me and my family every step of the way, their professionalism was outstanding and they always went the extra mile. Post case I now have my own home, suitably adapted for me and financial security for the rest of my life." - Client
"My life has completely changed now and I couldn’t be happier. A big thank you for all your hard work with the case and a thank you to everyone at Irwin Mitchell for all the support I’ve had." - Anonymous
"All members of the team working for me on my case worked with the utmost professional approach to all situations throughout, they not only supported me but also my family. The team were extremely hard working, trustworthy and very friendly. I view them as friends." - Client
"We have worked alongside David on several cases. Throughout a case David and his team work exceptionally well as part of the rehabilitation multi-disciplinary team. He strives to maintain client centred rehabilitation as core whilst running the legal case concurrently. He ensures a high level of communication with the MDT which leads to the smooth delivery of the rehabilitation package. This allows the optimum outcome for the client." - Anna Wilkinson, Managing Director at More Rehab Ltd.