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Chambers and Partners (2014)

Compensation received for widow following fatal collision

Irwin Mitchell was instructed by the widow of an English driver, who tragically died in a head on collision in France with a motorbike in August 2005. 

The motorcyclist had been drinking heavily and was driving at an excessive speed before the collision. Tragically the collision resulted in the death of our client’s husband and in a serious shoulder injury for our client, who was the front seat passenger in her husband’s car.

The case was initially referred to the French Criminal court. That court dealt with the issue of liability and awarded damages to the family for the loss of their father, grandfather and husband. The Court also awarded compensation for the pain and suffering suffered by our client’s husband, between the time of the accident and his death and for our client’s dependency claim.

For routine reasons, our client was not able to submit her claim for personal injury damages during the Criminal proceedings and a further civil action was instigated, to deal with her own injuries and consequential losses.

As a result of both court actions, our client and her family have now been awarded substantial compensation for their distress, the dependency claim, the loss of our client’s husband’s pension, the funeral arrangements and our client’s own injuries.  Our client’s husband had been leading a very active life and had maintained and decorated their two properties on his own. Our client was unable to carry out the same level of maintenance to the properties and was awarded compensation under this heading. 

We were very pleased to have been able to obtain compensation, which will help our client financially in the future. We were particularly pleased with the fact that we were able to secure damages in the French Court for both her grown up children and grandchildren, for the distress caused by the loss of their father and grandfather, which would not have been possible under the Fatal Accident Act in England.

The family has welcomed the compensation obtained from the Defendant. The family is now trying to put this whole traumatic experience behind them.

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"We were very happy with the outcome of our case, especially as we were initially offered nothing from the Tour Operator. Irwin Mitchell were very professional throughout and we are very happy with the outcome."

Chris and Michael, Worksop