No Criminal Prosecution
Following a criminal investigation into the circumstances of the incident, no charges were brought against the driver of the vehicle. The consequence for the family was that they were left with many unanswered questions about the circumstances of the incident, with no prospect of further investigations or hearing evidence from the driver or witnesses about what happened. From their perspective, no justice had been served following the untimely loss of their loved one.
Despite the absence of a prosecution against the driver, we accepted instructions to act on behalf of the family to investigate the prospects of successfully making a civil claim for compensation against the driver and the insurers.
The Civil Claim
We were instructed to act on behalf of the man’s family, including his partner, to pursue claims on her behalf and on behalf of her three children. Their loved one was the sole breadwinner in the family, and the loss of this income left our client with significant concerns about her family’s finances and jeopardised their family home. In addition to struggling with their grief, these financial and practical concerns placed a huge strain on the family.
We raised a court action at the Court of Session, which was defended by the insurers. To succeed in a claim for compensation, it is necessary to prove that the driver of the vehicle was at fault, and that their failure to see the man and avoid him resulted in the death. The circumstances in this case were complex, and we needed to obtain evidence from a road traffic expert who carried out an in-depth analysis of the circumstances before providing a supportive opinion. Despite this, liability remained in dispute, with the defender’s position being that the driver could not have seen the man and that he contributed to the circumstances leading to his death.
Trauma-Informed Law
Clearly, the circumstances of this case were traumatic. We worked closely with the family throughout their claim to identify how best to progress their claims without re-traumatising them. Often in litigation, this is incredibly difficult due to the need to discuss and analyse the available evidence. For the family, revisiting the circumstances to understand the strengths and weaknesses of their case was particularly stressful and upsetting, although they considered it necessary to fully understand the circumstances. In our experience, strong relationships built on trust are key to achieving a successful outcome, as this ensures the best evidence is obtained and damages are maximised. It is also crucial to ensure the client retains control of their case by understanding the process and being empowered to make decisions on how to progress it.
The Outcome
Our clients successfully recovered substantial damages to resolve their case before it proceeded to an evidential hearing. These damages included sums for loss of society, which is the loss of their relationship with their loved one, along with the loss of financial support. The family’s determination to achieve this outcome ensured their success and secured their future financial security.
Feedback
Our team were grateful to have represented the family in this significant case and received positive feedback from the family on its conclusion.
