Settlement of personal injury claim for family after fatal road traffic accident

We have recently settled a claim brought by the wife of a man in his 60s killed in a road traffic accident. 

This was a tragic incident where the deceased was killed by the reckless driving of another road user – he was hit at speed by the defendant in her car whilst on his bicycle and killed instantly. Our client’s husband was a fit and active family man who worked full time and who had many future plans to share with his wife.

Our client was referred to us by close family friends who had instructed us previously. She was at the time uncertain about bringing a claim, but once we had talked through what would be involved, and what we might achieve, she decided to proceed.

This was a case where we had sensible insurers and solicitors on the other side. We gathered and assessed all of the available evidence about the accident and presented the claim to them. By this time, the defendant had been prosecuted and her insurers made a swift full admission of liability.

We then thoroughly investigated the losses that could be claimed by our client. In cases of this type, the main losses that can be claimed relate to a loss of services – this means costing on a commercial basis for things that the deceased would otherwise have done himself (in this case, our client’s husband was a very practical individual who did much of the physical maintenance of their home and grounds) – and loss of household income. In the event, this was quite a substantial claim.

We presented the claim to the defendants with supporting evidence and entered negotiations, relatively quickly reaching a mutually agreeable settlement figure. The sums involved are substantial and will provide financial security for our client.

Philippa Luscombe, head of the personal injury team at Penningtons Manches Cooper, who conducted the claim, commented: “These claims are always hard for individuals – they arise from tragic and traumatic circumstances and money can never compensate for the loss of a family member. However, this case was a good example of both sides making the effort to move things towards settlement as swiftly as possible, and the sums involved are at a level that will make a real difference to our client and provide financial security. It does not bring back her husband, but it does provide that security, and she feels that she has been treated fairly by the defendant’s insurers. Thorough investigation of the claim and presentation of a fully pleaded case with supporting evidence worked well here in achieving an early settlement.”