Archive for the ‘Fatal Injury Claim’ Category

Fatal Accident At Work: How To Determine Settlement Amounts Wife/Child

Tuesday, December 24th, 2013

Find out how to determine the proportions of compensation that a wife and children are entitled to following a father’s fatal crushing work accident

Fatal work accident question

My uncle was killed at work when a lorry crushed him against a concrete pillar. He died leaving a wife and three young children. His wife claimed for compensation and was successful, but has only given his children a small amount of the compensation she had won.

I wish to ensure that the children receive their correct share of compensation from the settlement payout – is there a way I can check they have received their fair share?

Fatal accident solicitor response

Settlements for fatal accidents can be quite complicated and will have several elements to be considered, such as a bereavement loss (a sum paid for the pain and suffering for the loss of a loved one – to be divided between his wife and the children); dependency loss (an amount of compensation payable for the loss of the financial contribution made by the father – again payable to his wife and on behalf of his children typically until the age of 18 years); pain and suffering before death (if your uncle was not killed outright and survived the accident for a period before death then his estate would be entitled to compensation for his pain and suffering and other losses before death); funeral expenses (a fixed sum for his funeral expenses again payable by his estate).

His wife will no doubt have had solicitors acting in the claim who would have been under a duty to ensure that any monies paid for the children was retained in the court fund office until they reached the age of 18 years and other sums were secured correctly.

Some of the compensation monies, such as the dependency loss, could be used by the mother on the children’s behalf.

I think the best approach is for you is to contact the solicitors who had acted to view the file and have an explanation as to the agreed distribution of the compensation monies and reassess at that stage.

As you are not a party to the action you will need the authority of the mother or some form of parental responsibility for the children.

When Can Son & Daughter Access Compensation For Death Of Father In RTA?

Saturday, November 16th, 2013

UK solicitor sets out when compensation should be released to son and daughter following a road traffic accident

Road traffic accident victim question

My son and daughter were awarded compensation when their dad was killed in a road accident.

They are 12 and 13 years of age. We have been told that the compensation money will be paid into the Court Funds Office until they are aged 18 years.

Is it possible that they can get the compensation before they are 18 years old?

Road traffic accident solicitor response

Compensation monies offered on behalf of a minor (child under the age of 18 years) must be authorised and retained in court until a child reaches the age of majority (18 years).

Some money can be release before the date if an application to the court is made and the court is satisfied that money is to be used for the educational benefit of the child.

In a fatal accident there are different types of compensation which can be received. I imagine that there will be a sum for a bereavement loss – the pain and suffering for losing their father, which will always be retained by the court.

There is also likely to be a dependency claim – primarily the loss of financial support and fatherly tasks lost. Such sums might be released earlier than the age of 18 years so that the child can be supported until the age of 18 years.

This area of law is quite complex – click fatal accident claim to see the page I have written setting out all of the stages to making a claim following a fatal accident.

Click child injury claim to see the process of claiming compensation for children.

Free legal help with your son and daughter’s road accident claim

Click father killed in road accident son daughter compensation claim to access free online assistance with your claim or to speak to me in person.

Fatal Pedestrian RTA: Killed On Zebra Crossing By Drunk Motorcyclist

Thursday, August 15th, 2013

UK fatal accident RTA solicitor explains how to claim compensation following the death of a child in a pedestrian RTA following a collision with a drunk motor cycle driver

Pedestrian RTA victim question

My 15-year-old son was crossing at a zebra crossing. Cars had stopped to let him pass and he was almost to the other side of the road when a motorcycle came at speed close to the kerb undertaking the stationary car and hit my son.

He suffered severe head injuries and was pronounced dead in the early hours of the morning. The motor bike driver is being prosecuted following a police investigation as he was found to be over the legal limit for alcohol and was classed as a drunk driver. We have also been informed that he was speeding and did not have a policy of motor insurance in place.

My wife and I are devastated and wish to know whether there is any form of compensation we can claim for our loss – presumably as the motorcyclist was not insured we would have no one to claim against?

Fatal RTA solicitor response

As your son was under the age of 18 years he was considered by law as a minor and as such, under the Fatal Accidents Act, both you and your wife as his parents would be entitled to claim compensation for your loss, which would include a bereavement loss and funeral expenses.

To see the page I have written explaining what can be claimed in the event of a fatality in an accident click fatal accident claim.

The fact that the motorcyclist was not insured will not prevent a claim as the Motor Insurers Bureau (known as the MIB) will pay out compensation for accidents involving uninsured motor vehicles including motor bikes.

To see the page I have written explaining how the Motor Insurers Bureau operates to meet claims for uninsured and untraced drivers – click Motor Insurers Bureau RTA Claims.

Making a claim for a fatal RTA

If you would like to commence a claim or discuss your son’s fatal accident with me in person free of charge click fatal pedestrian RTA compensation claim solicitor.