£14,000 Compensation Awarded in Fatal Car Accident Claim

Author:
Sinead Ducrotoy
Personal Injury Associate Solicitor
Date:
19/09/2019

A Car Accident Case Study - Client Situation

Our client’s 23-year-old son tragically died as a result of a car accident that occurred on his birthday.

The young man was travelling as a passenger in a friend’s car, but the driver was racing against another car containing more friends. The two cars were racing at speeds of more than 100mph on the motorway when a collision occurred.

Our client’s son sustained a traumatic brain injury in the accident and died the following day. Another passenger also died, as did the driver of the car in which our client’s son was travelling. The driver of the other car was charged and went to prison for causing death by dangerous driving.

How We Helped

The 23-year-old’s mother contacted our Personal Injury Solicitors to take legal action against the two drivers who were responsible for the accident. We agreed to take on the case and brought a compensation claim against both drivers, but neither insurer for either car would accept responsibility.

The insurers stated that our client’s son was the author of his own misfortune because he chose to be in a car with the driver who was speeding and under the influence of drugs at the time of the accident. However, our Personal Injury Solicitors, who have many years of experience dealing with car accidents and fatal accident claims, argued that our client’s son had been an innocent passenger in the defendant’s car when the accident occurred.

Our client’s claim for compensation was in respect of the pain and suffering her son suffered in his final hours before he died, which were frightening and traumatic instead of peaceful, as well as the funeral expenses and Probate costs she incurred as a result of his death.

Our Solicitors also claimed compensation for the fact that our client was dependent on her son for help with her daughter (his little sister), as well as the board and lodging he paid to his mother. We issued Court proceedings against both defendants, but the claim took 3 years to settle because of the reluctance of the defendant’s insurers to pay out.

The Outcome

Our Personal Injury Solicitors negotiated a compensation settlement for our client in the amount of £14,000 with each party paying £7,000. While no amount of money would have compensated our client for losing her son, the compensation payout was a great help to her, as it meant she could now get the memorial that she wanted to honour him.

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