Compensation recovered after 81 year old who was hit and killed by a van | Fieldfisher
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Case Study

Compensation recovered after 81 year old who was hit and killed by a van

On 1 August 2012, Sally and her husband, Jim, left their home at Bickenhall Mansions, London, to go to the post office on Baker Street. Sally crossed over to the south side of Bickenhall Road. Suddenly, and without warning, a Ford Transit van, driven by James Thompson, reversed into Sally on two occasions.

Sally was knocked to the ground and taken to hospital by ambulance. Sadly, she died as a result of her injuries on 4 August 2012.

In October 2013, at the Crown Court at Southwark, the Defendant pleaded guilty to causing death by dangerous driving.  He was sentenced to six months’ imprisonment, suspended for two years, and banned from driving for 10 years. (He did not have a driving licence at the time of the accident.)

The Defendant's Insurers admitted liability.

Prior to her death, Sally was highly active for an 81 year old woman.  She continued to work as a receptionist in Harley Street. In addition, she undertook household chores such as shopping, cleaning and cooking and cared for her husband.

Jim, her husband, also suffered pain and injury. In December 2011, he had been diagnosed with vascular dementia but at the time of Sally's death his condition manifested itself only as mild memory lapses. 

Jim directly witnessed the accident. This led to him to suffer some psychiatric injuries. But sadly his dementia deteriorated to the extent that by December 2014 he required 24 hour care. In July 2014, he was admitted to a care home where he has remained since. 

It was anticipated that but for the accident his care needs would have been met by Sally. Jim has been deprived of the domestic services of his wife and the joy and content of living at home. In addition, his daughters claimed for the cost of care they provided to their father. At the time of the accident Sally had provided all the support for Jim.

After the issue of proceedings the case was eventually settled for a substantial sum including compensation for Sally, Jim and the daughters.

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For further information about road traffic accident claims and personal injury claims, please call Paul McNeil on 03304606804 or email paul.mcneil@fieldfisher.com.

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