The Criminal Case and Civil Case
The loss of their loved one has had a devastating impact on every aspect of the family's lives. Whilst coping with their grief, they required to navigate the legal system in order to secure justice. Following an extensive criminal investigation led by the Crown Office and Procurator Fiscal Service and Police Scotland, the driver was charged with causing death by dangerous driving, to which he ultimately plead guilty and received a custodial sentence.
Our team were instructed to advise the family (including the boy's parents, siblings, and grandparents) on their rights to make a civil claim for damages against the driver of the vehicle, and the insurers. Following the conclusion of the criminal case, we were able to negotiate settlement of their claims and secured substantial compensation, without the need to raise court action. This meant the family were able to avoid the stress of litigation and any further delay in concluding their civil action, whilst also securing a positive outcome.
Maximising the Damages to secure Justice
We were instructed at an early stage in this case. As the family's solicitors, this meant we had time to build our relationship to enable us to understand the extent of the impact their loss has had, and will continue to have, upon them. It also meant we were in a position to advise on any available support which could be included as part of their claim, including psychological support.
In this case, no sum of money would ever bring the family comfort. Whilst the sums which are ultimately paid in compensation are often inconsequential to families, except where their future financial security is at risk, it's important to maximise the damages to ensure justice is achieved.
Often a motivating factor for clients when pursuing a claim is to try to persuade insurers and defenders to consider any changes which should be made to prevent another family finding themselves in a similar situation, and one way of doing so is to have a financial impact on them. Getting to know your client and understanding their motivation for litigating is crucial to helping your client achieve the justice they are seeking.
Feedback
Our team were grateful to have represented the family in this important case and received positive feedback from the family on its conclusion.
"At a very difficult time Ms Edgar was very kind and professional in her approach. She supported us through, to the layman, complex legal processes in a way that was very clear and honest while retaining a personal touch which helped our family enormously during the process."
