Substantial settlement for woman who lost her husband in a car crash

We helped Elaine* claim compensation after her husband, John*, was involved in a car crash. John sadly lost his life, leaving Elaine without her husband of 60 years.

What happened to John?

On 26 July 2021, John was stationary in his car waiting to turn right. After checking he was clear to set off, John pulled out, but his car was struck by another car driving at excessive speed. The vehicle hit John’s side of the car.

John sustained crushing injuries to his chest and abdomen. He was trapped in the vehicle and needed to be freed by the fire service. John was responding initially and was able to confirm he had asthma and felt short of breath.

He was taken from the scene to the hospital via road ambulance. John arrested on arrival and was taken to resus. Sadly, John passed away from his injuries in the early hours of 27 July.

Elaine married John in 1962, the pair had retired and were living in the house they bought 40 years ago.

How did Irwin Mitchell help Elaine?

At the end of 2023, Elaine came to our road traffic accident team to claim compensation for her husband’s death. Rita Alsoof, a solicitor in our London office, helped Elaine with her claim.

The claim was brought against the other driver and their insurance company. The following claims were advanced:

• Loss of dependency on services and financial support provided by John to Elaine
• Loss of dependency on services provided by John to his adult grandchild, who was dependent on John for lifts to work and driving lessons.
• Funeral and other miscellaneous costs

The Defendant’s legal team challenged our case, and the contention that but for the accident, John would be able to help with household chores and DIY. They also disputed his life expectancy given his diagnosis of chronic obstructive pulmonary disease.

The claim was issued at the High Court on 15 July 2024. In settlement negotiations with the Defendant’s solicitor, they served CCTV and made a late allegation of contributory negligence against the deceased.

With the assistance of our in-house Forensic Collision Investigator, the CCTV was analysed, and the issue of contributory negligence was investigated. Nothing was conceded in relation to contributory negligence when it came to settling the claim.

We were able to settle Elaine’s claim in October 2024 for a five-figure settlement. This will help provide Elaine with financial security in the future.

Expert opinion

On Elaine’s claim, Rita said: “Elaine sadly lost her husband of 60 years after the Defendant was driving at reckless speeds.

“No amount of damages can make up for the loss she’s experienced or the distress she has endured, but we have been able to provide Elaine with some closure and ensure she can live out the rest of her life in peace and with financial security”.

*Not real names used