Charles O’Brien Settles Complex RTA Claim For Six Figures
The case was not straightforward on liability as the collision involved two vehicles on a bend, on a country road. However, detailed analysis of the police evidence suggested the other party had lost control as they encroached onto the soft verge at the side of the road, and veered into our client’s path.
The defendant sought to argue that our client’s partner had not died from injuries sustained in the collision, but because of an infection picked up in hospital two weeks later. The defendant driver argued this point at their criminal trial, however, in the civil claim we were able to argue successfully that the infection that was contracted in hospital did not break the chain of causation. We showed that it was part of the inevitable risks of attending hospital which was only necessary because of the original road accident.
The case was also tricky in terms of establishing a financial dependency because the deceased, who had worked all his life, had never declared his income or submitted a tax return. We were able to demonstrate that, irrespective of declared income, he was entitled to a government pension in the future and there was a loss of dependency arising out of this.
This case demonstrates the need to understand each client’s individual personal circumstances to establish areas where a claim can be made that is not always immediately apparent at first glance.
General, George Ide, News, Personal Injury Blog