Helping her get over losing her son
Fatal accidents are difficult for all concerned but, in the case of Mrs Brown’s son, who died as a result of a motorcycle accident, it was very important to get to the bottom of the case. Her son didn’t die outright at the scene but a few days later in hospital in what initially appeared to be a case of medical negligence. With due diligence on our part, we were firstly able to refute the conflicting claims of the Defendant and then dismiss any suggestions of medical negligence.
Mrs Brown’s son was involved in a road traffic accident in April 2010 when his motorcycle drove into a scooter ahead of him that had slowed down at the nearside of the road. Then, all of a sudden, the scooter driver veered off to the right without warning to enter a garage forecourt, without looking behind and straight into the path of Mr Brown’s motorcycle.
He suffered serious and significant injuries in the collision and was taken immediately to hospital. Because of the severity of those injuries, he underwent surgery. But after that he developed fat embolus syndrome and died shortly afterwards following multiple organ failure.
With the opening of the Coroner’s inquest into his death, we noticed that some of the eye-witness testimonies were quite different from the ones the police took at the time of the accident. The pillion passenger on the scooter, for example. His story now was highly inconsistent with what he had reported before. Likewise, the Defendant’s testimony needed some investigation too. Fortunately we had access to CCTV footage of the junction in question which contradicted the Defendant’s story and made it quite clear that he was entirely responsible for the accident. Forensic collision investigators were able to corroborate that.
Then there was the whole issue of possible medical negligence to complicate matters further. Did young Mr Brown receive incorrect medical treatment? Was he too late being operated on? Was he allergic to the medications that were prescribed for him? Why did his body swell up so much and did that lead to his death? All these questions had to be answered. So, we ensured that expert medical evidence was gathered and presented to the Coroner. Ultimately the cause of death was deemed to be due to the extent of the trauma that the deceased suffered at the accident and not because of his medical treatment.
Once all that was cleared up, the Defendant’s insurers agreed to full liability and paid the damages to our customer Mrs Brown in full as she was acting on behalf of her deceased son. She received damages in respect to the financial losses that his estate suffered as a result of his death, centred mainly around the costs of his funeral. Although the death of a child is probably one of the harshest blows anyone will ever receive, the fact that his name was vindicated and he was absolved of all blame must go a little way to helping Mrs Brown cope with her loss.
If you or your loved one has suffered a serious injury, then please don’t hesitate to call us now on 0330 013 0251 to talk to someone who’ll understand what you’re going through. Or alternatively, you can fill out a form here.
Tom Ponsonby - Case Solicitor
Serious Injury Team
Key case timeline
Fatal accident case
Recovery of losses to the deceased’s estate
Ruling in Claimant’s favour
With this ruling, Mrs Brown has been able to bring some degree of closure to the death of her son, having come to some understanding as to why he was taken from her.