Penningtons Manches LLP’s personal injury team has settled a claim for damages valued at over £1 million for the family of a man who died in a road traffic accident.
He was driving to work one morning when an HGV lorry came around a corner on the wrong side of the road. The lorry hit his car head-on and he was killed instantly. Investigations concluded that the driver of the HGV had fallen asleep and he was subsequently successfully prosecuted.
The dead man was the main breadwinner for his family; he was married with two young adult children and worked at a high level in the City. While his employer made some provision for his family and was very supportive, the loss of lifetime income meant that they had to bring a claim. They instructed Penningtons Manches following a personal recommendation.
After investigating the circumstances of the accident, the firm submitted a claim to the defendant driver and his insurers. The insurers admitted liability only and Penningtons Manches then began examining the value of the claim. This involved detailed analysis of the finances and plans of the whole family, including pension losses and property income. The claim was presented to the other side and, following a settlement meeting, a substantial award of damages was agreed.
Philippa Luscombe, partner in the personal injury team at Penningtons Manches, commented: “While in a claim context, this was a good outcome with a substantial award of damages that will ensure the financial security of the victim’s family, the reality is that sadly it is an area where money cannot in any way ‘make good’ the devastating loss suffered. One of the frustrations of the case was the relatively low sentencing provisions still in place in this country when considered against the actions of the driver and their implications.”