The situation
We acted on behalf of the family of a man who died after being struck by a vehicle in a road traffic collision. Following his death, we supported his daughter, Sharon, and grandson in pursuing claims arising from the loss they had suffered.
At the same time, criminal proceedings relating to the collision were ongoing. As a result, the circumstances surrounding the incident had not yet been fully established, creating additional uncertainty for the family during an already difficult period.
How we helped
Alongside coping with their grief, our clients were faced with navigating a complex legal process involving both criminal and civil proceedings.
While the family remained in direct contact with the Procurator Fiscal regarding the criminal case, we provided clear advice on the criminal process and explained how it could affect their civil claims for compensation.
Our role was to help them understand their options, manage expectations and provide reassurance throughout what was an understandably challenging time.
We pursued claims on behalf of the deceased's daughter and grandson for loss of society. In Scotland, this is compensation awarded to family members for the loss of a loved one's care, companionship, support, guidance and affection, as well as the grief experienced as a result of their death.
We also progressed a claim on behalf of the deceased's estate, including funeral expenses and other losses which passed to the estate following his death.
The outcome
We secured compensation for the family at an early stage, avoiding the need for civil court proceedings.
The settlement recognised the profound impact the death had on the family and provided compensation for the loss of the deceased's love, support and guidance, as well as the grief they continue to experience.
It also ensured that the deceased's estate recovered losses arising from his death, including funeral expenses.
Most importantly, the family achieved a resolution without the additional stress, delay and uncertainty of court action, allowing them to focus on supporting one another and moving forward.
When a family member dies following a road traffic collision, the emotional impact can be overwhelming. Understanding your legal rights while coping with grief can feel like an additional burden.
Our Personal Injury team provides clear, practical advice to families following fatal collisions, helping them understand the process, secure the compensation they are entitled to and focus on what matters most.
