Posts Tagged ‘work’

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.

Road Traffic Accident Claim: How Much Back / Neck Injury Compensation?

Tuesday, November 30th, 2010

How much compensation can you claim in a road traffic accident in which you suffered back and neck injury?

Road traffic accident victim question:

I had a road traffic accident around 8 weeks ago and appointed a lawyer to claim compensation. I had doctors examination and he had identified the following:

1. Sudden hyperextension-flexion motion applied to cervical spine causing trauma leading to soft tissue injury producing pain and stiffness of movements in the neck and upper back that has lasted until the present time.

2. A soft tissue injury to my lower back causing pain and stiffness of movement which has persisted until the present time.

3. Soft tissue injury to his hips causing pain and stiffness of movement which has persisted until the present time.

The doctor thinks I should continue my physiotherapy for another 4 months (total 6 months to recover).

How much compensation should I be able to claim?

Road traffic accident claims solicitor response

I have the following observations to make, which should help you ensure you get the correct amount of compensation following your RTA:

1. The medical report has been obtained very early on especially as you are still suffering symptoms.

I have spoken with many medical experts in the course of practising law and I am told that it is very difficult for an accurate prognosis to be given as to how long symptoms can last into the future when an examination takes place so soon after an accident.

I think you should tell your lawyer to hold fire in attempting to settle your claim or in disclosing the medical evidence to the driver who you hold responsible until you have receive the physio.

If your symptoms are ongoing – you should speak to your solicitor about getting an updated report as it is quite likely that the prediction of 6 months is an insufficient time period for recovery, which could mean your claim is worth substantially more compensation.

2. Ensure that your lawyer has used a suitable medical expert.

You have used the word doctor to describe the medical professional who has completed a report on your behalf. This sets alarm bells ringing as typically a GP uses this term.

A consultant orthoaedic surgeon will typically use the term Mr or Miss. You need to ensure that your solicitor has not attempted to cut corners by instructing a GP when an orthopaedic consultant is necessary.

Only by using the correct medical professional can you be sure that no injuries are missed, for example have scans and x rays been taken to ensure that no spinal vertebrae have been affected.

3. The amount of compensation you will receive for the hyper-extension injury to the cervical spine (also known as whiplash) and lower back injury will depend entirely on how long the symptoms last. At this stage I believe it is dangerous to give an estimate as I do not feel that your medical evidence is complete.

Some examples of how much compensation you can claim for your road traffic injuries can be seen by clicking the link car accident compensation