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|Ben Casey has secured a £1.43m settlement for the widower of a woman who died in a road traffic accident. |
Liability was not in dispute, but the fatality was to have profound and lasting repercussions for the deceased’s widower, who lacked capacity and who had been reliant upon her for care, assistance and financial support.
The case raised complex questions about the way in which loss of services is to be quantified for a dependent spouse with significant learning difficulties. The claimant contended for commercial agency care rates. The defendant alleged that the deceased’s widower was more independent than had been conceded and argued that future loss of services should be valued principally by reference to gratuitous care rates.
Further issues between the parties included the deceased’s future career trajectory in the absence of the accident and her capacity to have provided future domestic assistance, owing to her own health needs. Despite these divergences, a settlement of £1.43m was achieved at a JSM. The settlement has since been approved by the Court.
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