Evidence of Loss

In Standard of Proof of Dependency

As fatal accident solicitors we are under a duty to prove all losses as a result of a fatal accident.

In a fatal accident claim decided in 1996, a wife and the deceased’s mother where jointly sued. Their son was educationally disadvantaged who was living with them and, it was argued, would have contributed to the household through his wages.

At first instance, in the fatal accident case, the trial judge held that they were not dependant on the son at the time of death and it was conjecture as to what would have happened in the future.However on appeal, the dependant(s) would be required to show that there was a substantial rather than a speculative possibility of maintenance. There was a real prospect that the son would have moved in, and a lump sum of £5000 was awarded.

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