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

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.

Fatal Pedestrian RTA: Killed On Zebra Crossing By Drunk Motorcyclist

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.

Spouse Children’s Fatal Car Accident Claim In Watford Wembley London

UK road accident solicitor sets out how to claim compensation for the death of a spouse in a car accident in London leaving a husband and young children includes bereavement loss, dependency claim and funeral expenses

Husband Of Deceased Car Accident Victim Question

My wife was a front seat passenger travelling in her friend’s car from Watford to Wembley in London.

Due to icy conditions her friend lost control of the car and hit a tree on the side of the road which crushed the passenger side of the car causing my wife to suffer severe head injuries. An ambulance was called, but she died on the scene from her head injuries.

Her friend survived but is in a critical condition with several broken bones including a broken neck.

My wife and I have three children all aged less than 10 years. My wife was an accountant and are family depended largely on her salary.

Is there a claim my children and I can make for this tragic accident?

Fatal RTA Solicitor Response

Both you and your children will be entitled to claim compensation for the driving error which your wife’s friend made. Her motor insurer will be responsible for primarily three types of loss:

1. Bereavement loss – this is a fixed sum of money for the pain and suffering experienced by close family members in the event of death in a fatal road traffic accident.

2. Dependency claim – both you and your children and perhaps other family members will have been dependent on your wife’s income. Compensation for this dependency loss will be calculated largely dependent on her level of income and how much financial contribution you wife can be shown to have made to sustaining your family.

3. Funeral expenses – your wife’s estate will be entitled to her funeral expenses.

Fatal accidents are very complicated types of road traffic accident claims and to make such a claim you will need the help of a specialist high quantum road traffic accident solicitor.

To commence your fatal accident car accident claim or to speak to me in person free of charge click fatal road traffic accident claim Watford Wembley London