Successful claim for children of client who died from Covid following amputation
Mark's car broke down on a flyover and he was forced to stop. He and his passenger got out of the car and stood on the kerb.
Having seen the car stop, a Vauxhall Vectra stopped behind Mark's car, but a BMW then collided with the stationary Vauxhall causing it to hit the pedestrians. Both were seriously injured and the BMW driver left the scene.
Mark was airlifted to the Royal London Hospital and underwent above knee amputation of his left leg. Despite his terrible injuries, he was engaged in full rehabilitation, had access to state of the art prosthetics, accommodation and therapies and was progressing well. Life was good. Tragically, he then died from Covid in January 2021.
Liability aspects of the case had already been fraught with difficulty in identifying the BMW driver, but this was eventually achieved through DNA testing, despite the driver never accepting he was driving the car.
The case moved on to determine whether Mark's death from Covid was attributable to his injuries. If so, we could recover a dependency claim for his three children but without which, the claim would consider past losses only.
Covea Insurance originally denied cover for the accident as the policy was cancelled the day before the accident. Jennifer therefore issued proceedings against the MIB and having tracked down the driver with a private investigator served him in Romania.
Following negotiations, the Defendant made a six-figure offer to include the dependency claim.
Mark's brother said:
'Fieldfisher gave my brother hope and inspiration from the very beginning. They were professional, patient and persistent. They secured settlement that means his children will have some benefit after his passing. My whole family wishes to thank Fieldfisher for their dedication and professionalism in dealing with my brother's case.'
*Name changed
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For further information about road traffic accident claims, please call Jennifer Buchanan on 03304606774 or email jennifer.buchanan@fieldfisher.com.
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