Family secure compensation after son died following a road traffic accident
The Incident
This motorbike accident injury claim was brought on behalf of our deceased client, by his mother. Our client, a keen motorcyclist, had been riding his bike along a main road when he approached a private driveway on his left. As he approached the driveway, another driver on the opposite side of the road, who was in a big 4 x 4, Range Rover style car attempted to turn right across our client’s path and enter his driveway which was on the right.
Our client immediately collided with the nearside of the Range Rover and slid some distance along the road. He became separated from his bike and slid across the carriageway before coming to rest in a ditch to the offside.
This case was also dealt with by the Police and the driver was put under police investigation for causing death by careless driving.
The aftermath
Our client suffered serious injuries to his chest wall, which he sadly succumbed to right away. The impact of the collision had caused our client to suffer from rib fractures and severe injury to both lungs. There had also been extensive bleeding in the airways, injuries to his body from being projected across the road. By passers and witnesses attempted to perform CPR, however they were unsuccessful, and our client was unfortunately pronounced dead at the scene.
The case
This case was handled by Chartered Legal Executive Nina Haddock. Our clients mother approached us as she wanted further answers on the cause of her son’s death. Following a review by Richard Atherton he highlighted there may be a chance of a personal injury claim as the client did not die instantly which would have ruled out a claim. This allowed Nina to argue for an injury claim.
The team worked very closely with the client’s mother, Police and coroner’s department. An independent medical consultant was also instructed to help establish more information surrounding the incident and exact cause of death. Furthermore, our team had to work closely alongside the Crown Prosecution Service as the Defendant driver was under investigation for reckless driving.
The team at Fletchers also sent a letter of claim to the defendant’s insurers seeking an award under the Fatal Accidents Act in relation to funeral expenses incurred and the damaged motorbike.
The defendant was criminally prosecuted, and it was now important that Fletchers get the deceased’s family the relevant compensation to cover the clients’ funeral costs, personal injury and recover the costs of the damaged motorbike.
As our client was so young when he passed, no will was in place so we advised on setting up letters of administration and obtaining a grant of probate.
The case outcome
Our team of solicitors ensured we diligently liaised with the defendant insurers to ensure our clients family received the correct compensation, especially given the gravity of the situation. An original offer was rejected by Fletchers as we broke down the costs of not only the personal injury, funeral, motorbike, but also additional costs such as obtaining letters of administration and loans the family had to initially take out to cover expenses.
A further increased offer was made and subsequently accepted by Fletchers. The claim was settled for a total sum of £9078.99
The family are now intending to use the money to remember the client by getting a bench made with his name on it. They were incredibly thankful to Fletchers for all their help and assistance during this difficult time.
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