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INFORMATION RELATING TO MRS *** DECSD D O B – 16/03/1940 23 DEC 2018 MY WIFE FELL IN STREET FOUND BY POLICE, AMBULANCE CALLED TAKEN TO A &E & ADMITTED, HEAD STICHED. DID NOT GAIN ANY NORMAL MEMORY AT ALL DID NOT RECOGNISE OUR SON 55 YEARS OLD 16 – 01 – 19 THE HOSPITAL ADVICED TO MOVE HER TO A NURSING HOME AS THERE WAS NO FURTHER MEDICAL HELP THEY COULD GIVE HER 21 – 01 – 19 MOVED TO NURSING HOME HAD TO BE WASHED, FED ETC STILL DID NOT KNOW OUR SON 17- 06- 19 AT 4-30 AM MY WIFE PASSED AWAY DEATH CERT STATED CHEST INFECTION AS CAUSE I AM MAKING A CLAIM AGAINST AN ACIDENTAL DEATH POLICY. THEY WROTE TO THE DOCTOR WHO SIGNED THE DEATH CERT, SHE HAS STATED THE DEATH WAS NATURAL , THE ACCIDENT HAD NOTHING TO DO WITH HER DEATH. MY WIFE NEVER GAINED HER NORMAL MENTAL STATE AFTER THE ACCIDENT. WHAT CAN I DO I AM *** JA: Since laws vary from place to place, where is this? And when did this happen? Customer: UK THIS YEAR AS STATED JA: Has anything been filed? If so, what? Customer: NO NOTHING I HAVE A COPY OF THE QUESTIONS FROM THE INS CO & DOCTORS REPLY I DO NOT AGREE JA: Anything else you want the lawyer to know before I connect you? Customer: THESE ARE VTHE BARE FACTS
Hello my name is ***** ***** I should be able to help with your situation.
Am I correct in assuming that you had insurance incase of an accidental death, and you are taking action against the insurance company as they have not paid out on the policy? I can give you some advice here and we can organise a time for a phone call this afternoon if that suits you.
Ok I fully understand now. Are you satisfied that the cause of death was infection?
I understand and that is the difficulty. There are two views to this, so firstly if the cause of death was infection then this would not be classed as an accidental death and will be the reason that the insurance company are not paying out. However, that has been case law which doesn't directly apply to your situation but may potentially have an affect on it. There is a rule known as the "what for" rule, which simply put that if A hadn't happened then B wouldn't have happened so to say that if you wife hadn't had the accident then she wouldn't have caught the infection. The difficulty with this is that your wife's fall was not at the fault of anyone, and furthermore you would have to establish that your wife caught the infection due to the fact that she was being looked after where she was. If I am being completely honest I think you will have some difficulty with this action, however, that is not to say that you wouldn't be successful. If you contact a local solicitor then they may well provide a free consultation to assess the merits of your claim. There is always the chance that this could be a situation that has not been heard before, and a ruling would have to be established. Certainly. your first port of call would be to speak with a local solicitor to have you evidence looked at and case assessed.
I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;