We are proud to share that we at Cosmas LLC have settled two (2) matters this week in November 2024. Both were settled through mediation and both were claims made against third parties who caused injuries and loss and damage to the victims who are our clients in separate road accidents. Both accidents involved victims, who are our clients their twenties who suffered injuries and losses and which had adversely impacted the quality of their lives.

We at Cosmas LLC always encourage mediation as a form of dispute resolution as opposed to proceeding for trial where the outcome may not be predictable. In mediation, both parties are able to reach a mutual agreement, in a relaxed setting where the conclusion and settlement reached is fair and reasonable and is confidential. Mediation is always a better solution, especially in road traffic accident cases where liability and quantum of damages involved are in dispute. There is an agreement at the end of the day where both parties walk away satisfied. It allows parties to be transparent and honest with each other, and for negotiations and discussions to be carried out in an amicable manner, where there is confidentiality and fairness for all parties involved, and a certainty in the outcome, when both parties come to a mutual agreement.

The first case involved a twenty-five-year-old male motorcyclist who met with an accident when the third party caused a collision when he turned right without ensuring that it was safe to turn from the opposite side of the road along Bedok South Avenue 1.  Both parties, meaning the victim and us as the victim’s solicitors and the insurance company and their solicitors agreed to attend mediation in an attempt to come to an amicable resolution of the matter. The mediation commenced at 10.00am till 5pm and after intense negotiations, both parties were able to reach a fair and reasonable settlement at S$1.95 million.

The victim suffered brain injury and had issues managing himself and a claim was made for his present losses and future losses including his future earnings. Despite the victim not having commenced work, and having only enrolled in a Diploma course at BCA, an outcome was reached where loss of earnings and loss of future earnings were agreed upon. Furthermore, the new actuarial table for the increased number of years was relied upon. Had the matter proceeded to trial, there would be no certainty that the award for loss of earnings and loss of future earnings would have been awarded and the amount awarded would not be to either of the parties expectations. During this particular negotiation, there were discussions about the multiplier and multiplicand to be used for the victim’s loss of earnings and loss of future earnings. Considering the victim’s age and the fact that he had yet to graduate in his diploma course, and had yet to commence work, the settlement reached was an extremely just and fair sum. Consideration was taken of the victim’s potential promotions and increase in salary in the event he was not injured.

At the mediation, we also managed to obtain a fair award for the victim’s future nursing, medical and equipment needs. The victim’s current state and quality of life was taken into account, and awards for pain and suffering and for future nursing, equipment and medical expenses focused on ensuring that the victim’s quality of life was improved, and that the family of the victim could be more assured that the victim would receive the care required, and thereby reducing the burden on the family members. The victim’s award for damages took into account all items which the victim requires and to place him in a position, as far as possible, had the accident not taken place.

The second case involved a pedestrian, also in his twenties who was knocked down by a car while he was crossing the road at a traffic junction, while the light was green in his favour. The pedestrian suffered from a serious injury as a result of the accident that left him unable to focus and having constant headaches especially when he uses the computer. The victim had studied Design and Animation at NAFA but had yet to commence work. Parties again proceeded for mediation in an attempt to obtain certainty, fairness and confidentiality for the victim in an amicable setting. In this instance, parties focused on reaching an amicable settlement on the quantum of damages. The mediation commenced at 10am and an amicable settlement was reached at about 3pm at S$490,000 for the victim’s damages.

This matter is similar to the first matter, wherein the victim was a young male who had just completed his diploma in Design and Animation, and had yet to commence work. Even though there was no pre-trial loss of earnings, parties managed to settle on a reasonable and fair amount for loss of earnings and future loss of earnings, despite the lack of evidence to support this. In view of the fact that the victim was a diploma holder who had yet to commence work, the award agreed for his loss of future earnings was extremely fair and reasonable. In calculating the victim’s pre-trial loss of earnings and future loss of earnings, the victim’s part-time jobs and the salary that graduates from the same course as the victim were would be able to earn were taken into account.  Even though the victim was fit and able to ambulate normally, his capacity to work in Design and Animation was impacted, as the accident left him unable to look at a computer screen for extended periods of time. Hence the damages of S$490,000 was extremely fair and reasonable.

Both mediations were focused and centered on ensuring that the best possible settlement could be reached, in a manner which creates certainty for the victims, and most importantly maintaining the victim and their families’ confidentiality.  Though we at Cosmas LLC frequently litigate at trial to obtain the best outcome for the victims, mediation as a form of alternate dispute resolution is encouraged and preferred as it focuses on obtaining the best possible outcome for both parties, especially for the victim of the road traffic accident. The focus is on the injuries that the victim suffered and aims to compensate the victim of the road traffic accident for their injuries and losses in an amicable manner, where the confidentiality of the victim and their families is protected, and where both parties reach a mutual agreement and outcome.