FATAL ACCIDENT DAMAGES: A RECENT CASE: LIFE EXPECTANCY; DAMAGES FOR LOSS OF SERVICES & LOSS OF CARE & ATTENTION

Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE

In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.

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THE CASE

The claimant was the widow whose husband died from a cardiac arrest.   It was successfully argued that that the presence of mesothelioma prevented the deceased from having a coronary artery bypass graft which would have prevented the cardiac arrest.

THE ISSUES THAT THE JUDGE HAD TO DETERMINE

(1) How life expectancy should be assessed;

(2) Whether there was a claim for services provided by the deceased.

(3) Whether there was a claim for “loss of partner’s care and attention”.

THE CORRECT METHOD OF ASSESSING LIFE EXPECTANCY

The judge was faced with an issue as to appropriate life expectancy.
“It perhaps not unusual to have disputes about life expectancy in disease claims but it is unusual…

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