U v FG (Fatal accident claim involving double amputee widow)

This fatal accident claim involved a widow who was a double amputee and would have relied heavily on the care and support of her husband, had he survived. The dispute focused on the amount claimed and the issue of contributory negligence. Prior to coming to IE, the parties had become entrenched in seemingly irreconcilable positions, with inevitable posturing around the issue of liability, the issue of whether the Deceased would have been able to provide continuing care over a period of time and what the true value of
that care was likely to have been.

This case demonstrates the value of an IE Evaluator, who is an independent third-party and an expert in the field, being able to read all the papers and form provisional views before the evaluation meeting, so that he or she can discuss and explain to both parties the strengths and weaknesses of their respective positions, thereby managing the expectations of both parties, prior to making the evaluation.

In this particular evaluation the Evaluator initially sat with the lead legal representative of each party separately and explained his initial view on the issue of contributory negligence and his proposed valuation of each head of loss claimed in the schedule. In those first meetings, the legal representatives accepted the basis on which the Evaluator said the awards should be made, subject only to minor observations. The evaluation on liability and each head of loss was then discussed with the parties and was immediately accepted as the basis of a compromise, with a costs agreement soon following.

This evaluation demonstrates how an IE Evaluator, who has a full understanding of the details of the case and the law, can quickly bring the parties to a satisfactory settlement, thereby avoiding lengthy litigation and years of posturing and delay.