Road traffic accident news
10/07/2008

Brave father and son face anxious compensation wait

The husband of a Sussex woman who was killed in a road traffic accident has explained that he is worried that he and his son might only receive £15,000 in compensation for the tragic death.

The woman, who was 40-years-old when her life was taken in the 2006 road traffic accident, suffered fatal injuries when her car was hit by a lorry while travelling on the M2. Her son was also in the car with her, and received very serious personal injury, including one to his brain, but is now making a good recovery.

In an earlier criminal hearing, the lorry driver was sentenced to two-and-a-half years imprisonment after pleading guilty to causing death by dangerous driving.

Now the widowed father has voiced his compensation fears, saying, "The somewhat astonishing news, is that despite all of the anguish and the tears we have endured this past year-and-a-half our situation probably does not fall within the very limited definition of "pain and suffering" established by British law. '"So a claim for that seems unlikely. "More stunning even than this is that the maximum claim for the loss of a mother (for the entire life of the child) and the maximum claim for the loss of a spouse, have been capped by British law at £5,000 and £10,000 respectively. "Being an American myself, I'm particularly amazed, the American system would err on the other side because settlements are enormous, but it's shocking that here the life of a wife is only £10,000 and the life of a mother only £5,000."

In a separate road traffic accident claim, the boy who survived the crash could receive as much as £1 million for his medical treatment, trauma and injuries.

Fortunately, he seems to be getting on well, unhindered by knowledge of the fight his personal injury solicitor has ahead of him. His father commented, "He's getting on really well at school. "He is happy and has got loads of friends, sometimes he gets in trouble trying to impress the girls but I think that's a problem we've all suffered from!"

 

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