Posts Tagged ‘claim’

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.

Should Child’s Compensation Always Be Paid Into Court Funds Office?

Tuesday, November 5th, 2013

Find out why a child’s compensation should always be retained by the courts fund office and not by the litigation friend or parents of the child

Child compensation question

My daughter was in a road traffic accident and I acted as a litigation friend in her claim.

An offer has been made and my solicitor has advised that we should accept so I just wanted to know if my kid’s compensation money has to go into a court fund?

Can’t the litigation friend (parents) have it put into their account because at the end of the day the money is for child’s use – for example nowadays parents that are on benefits can’t afford certain stuff and schools are requesting parent to get computers ( laptops) and other educational appliances for their kids.

Child accident claim solicitor response

Compensation monies awarded on behalf of a child should always be paid into the courts fund office and retained there until the child reaches the age of 18 years at which stage your daughter will be considered by the law as an adult and have the right to access her compensation monies.

A litigation friend can make a request at a minor settlement hearing (infant approval hearing) that some monies be released for educational needs of the child, which might include the purchase of a computer.

The court will make its decision based on the evidence presented, but as computers are generally available at schools these days it is ever more unlikely that funds will be released.

You must remember that compensation monies belong to the child and a litigation friend merely provides instructions on behalf of a child to allow a claim to be made.

The parents should not have any control of the money as mistakes can be made.

Until that child is 18 years of age the law considers the child will not be sufficiently responsible to decide how to spend the monies correctly.