A Midlands family has secured an out of Court settlement of £81,000 in respect of a claim brought by the estate of their father who tragically died four weeks after having been hit by the Defendant who was driving a motor vehicle whilst crossing the road as a pedestrian near to his home.

Whilst no action was taken against the Defendant by the police in respect of the collision it was clear from the evidence obtained that the Defendant would and should have noticed the Deceased who was crossing the road with his dog Bess returning from his twice daily walk in the local fields. Liability for the accident was denied throughout the course of the claim which lasted over three years. The case was listed for trial to take place at the end of August 2009 and upon the case being listed, the Defendants requested a round table meeting with a view to attempting to negotiate a settlement out of Court.

Hilary Wetherell, Associate Solicitor within the Neurotrauma Department at the Birmingham office of Irwin Mitchell commented as follows:

"This case was a tragic case. The Deceased was 73 years old at the time of his death and left an elderly widow whose own health has deteriorated rapidly such that she is now resident within a nursing home. It was particularly frustrating for the family to have to endure a protracted claim as the Defendant and his representatives were simply not prepared to make any concession nor indeed comment upon the issue of liability until just a month before the case should have proceeded to trial.

"The settlement therefore represents an excellent result for the family who can now continue to ensure that their mother receives the very best care during the remaining years of her life."

If you or a loved one has suffered an injury, or if a loved one has died as a result of a pedestrian accident, our specialist road traffic accident lawyers could help you to claim compensation. Visit our Pedestrian Accident Claims page for more information.

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