Case studies

Substantial settlement for family following fatal road traffic accident

We reached a settlement on behalf of the widow and young daughter of a 41 year old man, who was tragically killed in a head-on RTA in 2007. The fatal accident occurred as a result of two drivers racing each other and causing a tragic accident involving multiple vehicles on the A36 in Wiltshire.

Our client's husband was killed instantaneously, as was the defendant. The driver of the second vehicle involved in the 'race', whilst not directly involved in the collision, was subsequently convicted of causing death by dangerous driving and given a custodial sentence.

The claim was for damages for bereavement, funeral expenses, loss of financial and services dependency and for loss of services of a father. Our client's husband was a high earner working in the insurance sector, with what would have been an illustrious career ahead of him. Given the level of his earnings, the financial dependency and pension loss claims were considerable. In pleading loss of dependency, we departed from the conventional percentage approach based on meticulously detailed witness evidence from our client demonstrating that her husband had spent less of his disposable income on himself than the average man with a family is taken to.

The claim settled during litigation at a Round Table Meeting (having been set down for trial in the High Court) for £635,000 plus costs. Court approval of the settlement, apportionment and investment of damages for our client's daughter was obtained. Initial investigations were undertaken with the benefit of legal expenses insurance but subsequently moved on to a conditional fee agreement.

We were very pleased that our client and her daughter received the compensation they were entitled to.

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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority.

Penningtons Manches Cooper LLP