On 14 December 2003, our client suffered a severe head injury following a motorcycle accident whilst riding as a pillion passenger, driven by the Defendant who was killed in the accident.
It was found out that the Defendant failed to negotiate the junction and mounted a traffic island causing the motorcycle to fall to one side. The motorcycle continued with both riders and then slid along one side of the dual carriageway and continued to slide under the safety barrier. The Defendant’s helmet was knocked off and he suffered fatal injuries in the impact and died at the scene. The Claimant was thrown from the motorcycle across the opposite carriageway and came to rest on the verge.
A compensation claim was issued against the Defendant's estate in the High Court in London. Liability was initially disputed on the grounds that the claimant knew or ought to have known that the defendant was unfit to drive and on the grounds that he was not wearing a properly fastened helmet.
Our client lacked capacity within the meaning of the Mental Capacity Act 2005. Negotiations with the Defendant led to an offer of £1,350,000 that was made less than a week before the trial. As the Claimant lacked capacity, this settlement was approved at an approval hearing.
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