Our client suffered a broken leg in a car accident in Rome. A month later he developed deep vein thrombosis (DVT) in his injured leg as a result of which he died (in Scotland).

Our client suffered a broken leg in a car accident in Rome. A month later he developed deep vein thrombosis (DVT) in his injured leg as a result of which he died (in Scotland).

There was potential medical negligence in that the doctors in Scotland failed to follow advice from their colleagues in Rome.

Our investigation

We required instructing a report from a haematologist to exclude this. At this time, we notified a claim to the Motor Insurers’ Bureau who arranged for a UK representative of the Italian insurers to deal with it. There was a potential issue of contributory negligence, however liability was ultimately admitted.

Outcome

We required a thorough understanding of the Motor Directives and the Rome II Regulation re. jurisdiction and choice of law. Having researched and taken advice on compensation awards in Italy in fatal claims we then negotiated a settlement at £230,000.

Legal basis of claim

Italian Law applied when valuing compensation. Awards in fatal cases in Italy are much more generous than in Scotland and so it was to our advantage that Italian Law applied. We liaised with Italian lawyers in many aspects of this claim.