Loss of a loved one - should compensation always follow?
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Had the claim succeeded Mrs Shaw would almost certainly have recovered damages for her own personal injury. For a claim of this nature to succeed, the Court look at ties of love and affection. There can be no question of the tie between mother and daughter. The Court also look at remoteness. The mother did not see the accident - was it reasonable that she should be compensated for something that she did not see? In my opinion, most definitely. The grief that a mother must feel at the loss of a child, particularly in such dreadful circumstances, is almost unquantifiable.
I am truly sorry for Mrs Shaw and hope that she eventually comes to terms with her loss. I am sorry too, that she has not been compensated. But unfortunately, on this occasion it seems that this was a dreadful accident. No one was particularly at fault and, as such, no-one is liable to pay compensation.
I know that this will be of no comfort to Mrs Shaw, but it is a sad fact of life that accidents do happen.
Chartered Legal Executive - Personal Injury team
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