Library

Widow Wins Accident Damages Claim

Not all cases in which settlements are received are straightforward. Sometimes, achieving a fair outcome requires doggedness and determination.

A recent claim involved an accident in which a 91-year-old man sustained multiple fractures when he was hit by a car. The police were of the view that the accident was unavoidable and decided that a prosecution of the driver was not warranted.

The man received hospital treatment at the time of the accident and was subsequently released. However, several months later he died as a result of an infection which had entered his body through pins inserted to hold his fractured leg together.

Despite the indirect cause of the man's death and the police's decision not to pursue a criminal case against the driver, a personal injury claim was brought against the driver's insurance company. Forensic crash analysis experts succeeded in challenging the view that the accident was inevitable, thereby securing a substantial settlement for the man's widow.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.