20th November 2015
Anthony Johnson acted for the Defendant
Anthony Johnson, instructed by Oliver Bowes-Smith of DWF LLP, represented the Defendant via its insurers, Aviva, in a claim arising from a motorcycle accident in which the Claimant’s husband sadly died. The claim settled by negotiation at a figure of £350,000 following written Advice from Counsel and the exchange of pleadings. The assessment of damages in this matter pursuant to the Fatal Accidents Act 1976 and the overall settlement value of the claim were far from straightforward. Liability was in dispute and there was competing accident reconstruction evidence. A large amount of evidence and paperwork had been generated by the earlier inquest into the death. The Deceased, who was aged 36 at the date of the accident, was a respected Army helicopter trainer, but much of the dependency claim was based upon his notional earnings in a civilian capacity if and when he left the Army. The Deceased had been diagnosed with a pulmonary lung condition shortly before his death. It was argued on the Claimant’s behalf that she only had limited capacity for part-time work.