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£190k Compensation for Widow of Fatal RTC Victim

11 March 2016

Fatal Work Accident Claims

A woman whose husband was tragically killed in a road traffic collision has been awarded damages by the High Court.

Settlement Value: £190,000

What Happened: On 11 June 2011, our client’s husband was returning to his parked van after having completed a flower delivery to a customer’s house.

An opportunist thief who was in the process of stealing the van drove into the man, causing fatal injuries.

Impact: The deceased was aged 48 at the time of his death. He was married to our client and they had three children together.

Our client relied on her husband to support the family financially and to help look after the children. She therefore bought a dependency claim for the loss of her husband under the Fatal Accidents Act 1976 on behalf of herself and her children.

How Slater and Gordon Helped: The thief was uninsured, so proceedings were served against him (the First Defendant) and the Motor Insurers’ Bureau (MIB), who were the Second Defendant in this case.

Following considerable investigations by Slater and Gordon, including obtaining the full police report and an Application for Summary Judgment on liability against the Fist Defendant, the MIB eventually accepted civil liability but continued to argue contributory negligence.

The MIB argued that our client’s husband had “voluntarily” put himself in a situation of danger. This argument found no favour with the court and liability in full was subsequently accepted.

Slater and Gordon assisted the family throughout the legal process, including obtaining the Grant of Probate and finally putting steps in place to facilitate adequate compensation for our client and her three children.

Decision: £190,000 damages were agreed at a joint settlement meeting and approved by the High Court at a hearing in the Queen’s Bench Division in March 2016.

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