To honour client confidentiality, we will refer to our client as Mr C for the purpose of this case study.
Mr C aged 50 at the date of the accident died in a tragic road traffic accident which occurred on 1st October 2011. The claim was brought by the Mr C's wife, who at the time was appointed Administrator of his estate and as the claimant.
The accident occurred on a road with a maximum speed limit of 50 mph (miles per hour). The Defendant, driving a tipper lorry was performing a turn into a quarry entrance when he misjudged the turn and left his vehicle straddling across double white lines onto the opposite side of the carriageway, just before a blind bend.
The Defendant failed to provide any warning to approaching vehicles of the obstruction.
Mr C was riding his motorcycle at this time in the opposite direction and was confronted by the lorry on his side of carriageway whilst coming around the blind bend. This caused Mr C to take evasive action by sliding his bike along the road but he was unable to avoid the lorry resulting in his body impacting with the rear wheels of the tipper lorry and thereby sustaining internal injuries that proved to be fatal.
It was found that the Mr C was travelling at 60 mph despite there being road signs in the area to warn drivers to slow down on the approach to the blind bend.
Mr C suffered fatal thoracic injuries as a result of the accident. He remained conscious for approximately 20 minutes following the accident, during which time, Mr C would of been in pain and distress.
The ambulance attempted resuscitation at the scene however, Mr C tragically died within the hour from cardiac arrest.
Primary liability was admitted for the accident at an early stage and was subject to allegations of contributory negligence.
A total settlement was agreed in the sum of approximately £875,000 during a Settlement Meeting broken down into the following categories:-
Law Reform (Miscellaneous Provisions) Act 1934
An Act of Parliament that provides for the estate of a deceased party to bring an action.
Fatal Accidents Act 1976
An Act of Parliament that allows relatives of people killed as a result of wrongdoing by others to recover damages.
At the time of the accident, Mr C left behind his wife and two children. He was also the sole directory and majority shareholder in a growing company.
The matter was settled at a Joint Settlement meeting with a total sum of £700,000 after taking contributory negligence into account (totalling a loss of £121,500).
Although exact breakdown figures were not provided the opposing either party, we estimate that the claim was broken down into the below categories:
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