A woman has died after a tree collapsed onto her vehicle in the NSW Blue Mountains. At the time of the incident, the victim was a passenger in the car. The driver of the vehicle, a 20-year-old male, sustained serious injuries.
On the evening of July 10 2019, emergency services found the woman’s vehicle, a Volvo, crushed beneath a tree in Katoomba. The injuries sustained by the woman, believed to be in her 40s, were fatal. The driver of the vehicle was rushed to hospital for treatment with injuries reported to his head and chest. The reason behind why the tree fell remains unclear.
Any incident that results in a fatality is incredibly disturbing and traumatic to those involved. For this reason, there may be a form of compensation that could be sought from both the family of the woman who passed away, as well as medical cover for the injured driver. This of course, depends on the circumstances around the incident.
An example where compensation may be able to be sought was if the tree was supposed to be maintained and looked after by the local council. It could be argued that they hadn’t maintained the tree or assessed the risk to citizens, therefore being negligent in their duty of care. In these cases, a person may be able to seek the following:
Those related to the woman who was killed resulting from the incident may be able to seek a payment under the Compensation to Relatives Act 1897 (NSW), with the help of legal professionals. Compensation may be able to cover loss of earnings, funeral expenses and superannuation. Furthermore, if a family member had sustained mental health issues as the result of losing their loved one, they could file for further compensation.
It’s vital that if you believe you are eligible for compensation following an injury, or the death of a loved one to reach out to the expert lawyers at Gerard Malouf & Partners to support your case. For more information on our services, get in touch with our team.