Posts Tagged ‘settlement’

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.

Car Accident Compensation: Pain Suffering Financial Losses Legal Costs

Tuesday, December 3rd, 2013

UK solicitor explains the two primary parts to car accident compensation: money for pain and suffering and compensation for financial losses including the obligation of the person at fault to meet the majority of your legal costs

Car accident victim question

I was driving my Ford Focus car on a main road when a driver of a Range Rover came out from a side road. I tried to avoid a collision, but the Range Rover was going too fast and hit me on the front passenger side of my vehicle.

My car was spun violently and I smashed my right hand against the driver’s door. The police and ambulance came to the scene and I was taken to hospital where I was diagnosed with a fracture to my right forearm, and whiplash to the neck and shoulder.

Your website talks about average payout, but is this before or after payment of my losses and expenses?

Also – does the third party pay my legal costs in making a claim?

Road traffic accident solicitor response

There are primarily two parts to every claim following a road traffic accident which are known as general damages and special damages.

“General damages” is the term used to describe the compensation payout for the pain and suffering for the injuries you have sustained (your fractured forearm, whiplash injuries and any psychological reaction). This head of loss is general to all people dependent on the injury sustained as described in an independent medical expert report obtained by a solicitor on your behalf.

The amount claimed is based on judicial guidance from cases previously decided by the courts. This is the average payout to which I refer on my website.

Click compensation payout amounts to see examples of the amounts you could expect recover for injury to different parts of your body.

Special damages are special to you as an individual and describe the costs, expenses and financial losses you incur (clearly this is different for each individual). So long as these are directly related to the accident, reasonably incurred and backed up by medical evidence – such sums can be claimed in addition to the general damages.

Click car accident compensation to see the page I have written giving examples of special damages in a road traffic accident.

In addition to compensation the other party has to pay some of your solicitor’s legal costs.

Since a change in the law on 1 April 2013 the Defendant does not have to pay all the legal costs and as such a deduction of up to 25% from the general damages element of your compensation will be made.

Free specialist solicitor assistance with your car accident compensation claim

Should you wish to discuss your motor accident claim with me in person free of charge or to commence an online claim click car accident compensation fractured forearm whiplash neck shoulder.

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.