Our client Mr G, aged 63 years, was riding a
motorbike at 50mph when a 4-wheel drive vehicle approached him from
behind in the same lane going significantly faster. The vehicle
struck our client. He lost control; the bike went on its side and
slid down the road for 30 yards. Our client was taken to hospital
with a serious head injury and died 6 weeks later. The accident
happened in November 2000.
We were instructed by Mr G's brother to claim
damages on behalf of his estate. We attended the inquest and
represented the interests of the estate in those proceedings. We
obtained a medical report on pre-death pain and suffering.
We sent a letter of claim under the Personal
Injury Pre-Action Protocol. The medical report was served together
with a schedule of losses and expenses suffered by Mr G and his
brother. We made an offer to settle the claim for £10,000 for
damages and interest. The driver of the vehicle did not accept he
was at fault. However, he was subsequently found guilty of driving
without due care and attention, given 9 penalty points and fined
£1,000 plus costs. His insurers then conceded liability and agreed
the damages of £10,000.
These were broken down as follows: General
Damages (pain suffering loss of amenity) £7,500, Special damages
(including interest) £2,500 for funeral expenses, travel expenses
and miscellaneous expenses.
The claim was funded by a conditional fee
agreement with after-the-event insurance.
Hodge Jones & Allen
June 2002