Fatal Road Traffic Accident Claim – Client Case Study

The claim involved a fatal road traffic accident, caused by the defendant’s negligence. This case received much local press attention.

The Defendant was prosecuted for death by careless driving and liability was admitted by the Defendants Insurers at the pre-litigation stage.

The Claim was brought by the Deceased’s Spouse, on behalf of the Deceased’s Estate, pursuant to the provisions of the Law Reform (Miscellaneous Provisions) Act 1934.  Separate claims were brought for:

1. The Deceased’s pain and suffering (from the time of the accident to the time of death)
   And;

2. By The Deceased’s Spouse in respect of bereavement, pursuant to the Provisions of the Fatal Accidents Act, 1976 (as amended by the Administration of Justice Act 1982), for:

• Damages for bereavement

• Funeral expenses

• Past financial dependency

• Future financial dependency

• Income / Pension losses

• Care and assistance

• Loss of intangible benefit (loss of love and affection)

A detailed Schedule of Loss was prepared, and the Defendants made an offer to settle the claim in the sum of £60,000.00. This represented a 20% reduction in the pleaded claim. The Defendants argued that the claim in relation to future financial dependency was flawed on the basis that the deceased was semi-retired at the time of their death and it could not be proven that they would ever have obtained part time employment in the future.

The Claimants countered argued that in the days prior to the deceased’s passing they had actively been looking for part time work and had actually attended for an interview with a view to taking part time employment.  The interviewer was contacted and although evidence was provided to support the Claimants argument, it also confirmed that the deceased was not successful at the interview.  The Claimants then obtained and provided the Defendants with the deceased’s medical records and bank statements, which supported that the deceased was fit and healthy and able to work, prior to their passing, and that their financial situation made it more likely than not that the deceased would have continued to actively look for work even if they were unsuccessful at the interview.

The Claimant then made a Counter Offer to settle the claim in the sum of £67,500.00, which represented only a 5% deduction in the fully pleaded claim. The offer was accepted.