Case Study

Successful Claim For Family After Father Dies In Road Traffic Accident

Published on 25 Jan 2024
  • Areas of Law:
  • Outcome:
    The damages will be sufficient to provide financial security and to purchase a larger property.

SW aged 32 years died in a road traffic accident. Liability was admitted following an initial defence of engine over-run and acquittal of the defendant in the Crown Court. Issues in this case were complex and it needed a careful analysis of the police evidence including expert accident reconstruction evidence. A claim was brought on behalf of the widow, two very young daughters, parents and sister. SW owned a second-hand car sales business but had no historical accounts. Accountancy expert evidence which considered growth of business and projected income was worked up by us. Services report from an OT regarding child care and other services of the deceased were obtained. The case settled at time just before discount rate reviewed which added responsibility. Proceedings were issued and a Defence and Counter Schedule served. A settlement was achieved at the Joint Settlement Meeting (JSM) and approved by the court. Master Davison was very complimentary on the amount recovered.

This matter was of utmost importance to the claimants as the deceased was the sole breadwinner. Consequently, in the absence of a successful claim, the claimants (and their family) would have suffered severe financial hardship. The damages will be sufficient to provide financial security and to purchase a larger property.

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