Compensation for child after mother killed in fatal collision

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Compensation for child after mother killed in fatal collision

12th May 2012

A young child whose mother was killed in a fatal road collision has received more than £200,000 in an out of court settlement.

Martin James, a serious and fatal inury specialist with Fentons Solicitors LLP, said the child’s mother had been a passenger in the car being driven by her boyfriend at the time of the tragic collision in 2008.

“The driver was over the legal drink drive limit and lost control of the vehicle before colliding with a tree,” said Martin, a partner with the firm. “Following the incident, the man’s insurance company attempted to shift blame onto my client’s mother and suggested that she knew or ought to have known that the driver – who was also killed in the crash - was unfit to drive.

“But we took a very robust approach in response to that,” he said. “Anything the insurers claimed about ‘who should have known what’ was entirely hypothetical, but it was a fact that my client had lost her mother because of the actions of the driver, who they had insured.”

Martin said that he sought to demonstrate the child’s mother would have gone back to work when the child reached school age, providing for her future.

“This child has lost a loving mother at a terribly young age, and nothing will be able to make up for that,” he said. “However, it is only right that the individual driving the car – through their insurer – be held accountable for some of the financial support that the child will be denied as a result.”

Following lengthy negotiations, Martin agreed a settlement of £205,000 on behalf of his young client, which he explained was largely comprised of future financial and services dependency.

“No amount of money can compensate for a child growing up without their mother,” said Martin. “But hopefully this settlement – which will be administered by the court on behalf of the child – will mean that my client is not deprived any opportunity in the future because of financial constraint.

“It means this child can be afforded every opportunity they would have been had their mother been here to provide for them, and had she not being taken from them at such a young age and in such tragic circumstances.”

Following the incident, the child went to live with their father.

How can Fentons Solicitors help?

Fentons has a specialist department experienced in handling claims for families of victims of serious and serious and fatal road collisions.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.