Fatal Accidents

We specialise in representing families in connection with Fatal Accidents Claims which due to the often tragic circumstances can be very difficult cases, our expertise and experience in these types of cases has helped numerous families ensure that they receive the right level of compensation.

Under the Fatal Accident Act, various losses can be recovered by a family member which include :-

• The funeral expenses
• A statutory bereavement award currently £11,800
• Compensation if the Deceased did not die immediately

Dependency claims : how they are calculated?

Every case is always Judged upon its own merits. However as a general guide the Courts will frequently approach such cases as follows :-

1. Calculate the deceased’s total income
2. Calculate money spent by the Deceased on himself ( ¼ )
3. Calculate money spent by the Deceased on his wife alone ( ¼ )
4. Calculate money spent by the Deceased on his Children ( ¼ )
5. Calculate money spent by deceased on joint expenses ( ¼ )

The Courts will then delete the money spent by the deceased on himself alone ( ¼ in the above example) with the effect that the dependency is therefore ¾ of the Deceased’s annual income.

The annual dependency would then be multiplied by the total number of years of the Dependency eg. You and Husbands lifetime, this would be discounted in order to allow for the fact that you would receive an immediate capital sum which represents a future loss spread over a number of years. The Court assesses the future losses by reference to a series of complex tables known as the ‘Ogden Tables’ which provide assistance and guidance to the Courts.

Loss of domestic services performed by the deceased

A claim can be made for the loss of domestic services performed by the deceased and will typically include household DIY tasks such as cutting the grass, decorating, motor maintenance etc. The commercial cost of employing someone to undertake these types of services can be recovered as part of a dependency claim, alternatively a sum maybe claimed which will be discounted to reflect the fact that the deceased provided the services.

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