Widower Claims Damages for Death of His Wife
Quick fatal accident claim blog:
A widower sought damages of £700,000 for the death of his wife following cosmetic surgery performed at a Private Hospital.
He also received a repayment of £5,635, the cost of the operation and an additional £116,000 for the loss of an appreciating asset in the form of a house which he was in the process of buying with his wife before she tragically died.
Assessing damages he could not claim for either loss because the cost of the operation did not flow from negligence of the surgeon, he could only recover for a loss of a pecuniary benefit arising from the relationship. However, he argued against and attempted to claim for loss of family funds for a capital asset as the house value had increased to £210,000.
A dependancy claim was met in additional to the usual losses under the Fatal Accident Act for the injury giving rise to the death, funeral expenses and other losses.
Posted: December 5, 2013 at 9:00 am