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Yearly Archives: 2017

Claim Back Funeral Expenses

Funeral Expenses – Can they be recovered?

Fatal Accident Compensation

In accordance with the Fatal Accidents Act 1976 reasonable funeral expenses can be recovered against the party at fault. Funeral expenses can also be covered on behalf of the estate claim under a fatal accident (Law Reform Miscellaneous Act 1935) but in practice most claims for funeral costs are in accordance with the 1976 Act.

This is because the dependents left behind are the ones who generally pay for the funeral cost and that expense is recoverable back to them.  If the expense is paid by the deceased’s estate then it can be recoverable by the estate.

Average Costs of a Funeral

Funerals are not cheap and can put a bereaved family into debt.  It is reported that the average costs of a funeral is now in the region of £4,000. Combined with the loss of income or carer which often arises following fatal accident claims means that not only do bereaved families have to cope with the emotional stress of losing a loved one but also the added burden of loss of imcome or care within the family unit.

This can lead to unnecessary stress and burden.

How can we help?

At fatal accident claims, we are experienced in dealing with the recovery of the funeral expenses following a fatal accident in addition to the other claims that can be made which can be substantial especially if the deceased had a young family.

Fatal Accidents Act 1976 – What Now?

Fatal Accidents Act 1976 – What Now?

The law under the Fatal Accidents Act 1976 is outdated and should be amended to reflect society as it stands today not in mid 1970’s.

The law under the Fatal Accidents Act 1976 needs updating as the family units have changed since the law came into force.

Death By Dangerous Driving: Fatal road accident

The Family Unit is Different Today

The law that was passed in the 1970’s dealt with a time where the family unit typically was white, husband and wife with 2.2 children.

The husband would be the ‘bread winner’ and thus go to work and provide for the family.  The wife would stay at home and become the house wife.  She will look after the children and the home.  Cook all the meals and generally clean the house.  The children would leave the home at an early age and go to work.  Not as many would go to university, that was for the privileged few.

The children will then repeat what their parents had done and the cycle is complete.

Family Unit Today

The family unit today is more multi-cultural, diverse, same-sex marriages, increase in divorces and more step-children etc.  Further women are more independent and are ‘bread winners’ in their own right.

The problem is that when a loved one is lost in a tragic accident the law can create unjust consequences. For more information in the unjust application of the Fatal Accidents Act 1976 click on the webpage.

53 Year Old Dies in Fatal Accident in Liverpool

53 Year Old Dies in Fatal Accident in Liverpool

Tragically there has been another local fatal car accident in Liverpool. The accident details are reported in the Local Liverpool Echo.

Our deepest condolences are to the family of those affected at this most difficult time.

The Liverpool Echo reports:

“Emergency services were called at around 2.15am to reports a black Mercedes car had been in collision with a stationary HGV on Moorgate Road.

“The 53-year-old male driver of the car was taken to hospital but later died from his injuries.

“Next of kin have been informed and formal identification has taken place.”

If you have any information about this indcident you can contact the Matrix Roads Policing on 0151 777 5747 or Crimestoppers, anonymously, on 0800 555 111.

Fatal Road Accidents

The most common fatal accident claims comes from those who have been involved in a road accident.  The legal issues can be complex in the form of liability (negligence) that is who is at fault for the accident and what damages (compensation) that can be claimed?

For expert help or just an enquiry on what to do following a fatal accident, no matter how small the enquiry please contact us.

Fatal Car Accident Liverpool Solicitors

In the heart of Liverpool a niche firm of solicitors are here to help families who have suffered a tragic loss the death of a loved one in a fatal car accident.

Below is a picture of our reception area at our Liverpool office.

Fatal Car Accidents Liverpool Solicitors
Fatal Car Accidents Liverpool Solicitors

We are the only firm of solicitors who have one single dedicated website for fatal accident claims.

Where Are We Based?

To get the expert advice you need, by local solicitors (who also because of our experience and reputation we offer a nation-wide service) you don’t need to instruct solicitors in London or Manchester.

We are based in leafy Mossley Hill, close to Penny Lane, Allerton in South Liverpool, Merseyside.  We are at the heart of the City that keeps it fighting spirt and will stand up to represent those who need help the most.

We possess enough wealth and experience to handle every single tragic case.  We are a firm that prides ourselves in providing a personal, approachable service to all our clients. This is more important than ever when serving families who have had to suffer a bereavement due to the fault of another road user.

Fatal Car Accidents in Liverpool

For more information and help please contact the fatal accident claim solicitors in Liverpool who will help you every step of the way.

No matter how small or indeed big you think the query is, we can often provide the right solutions and pathway to help you and your family with all the legal issues necessary.

 

 

 

The Hillsborough Law – Coroners and Inquest Hearings

There is no doubt amongst honest and decent members of the public the admiration of the 96 families who over so many years had to fight for justice, rather than justice fighting for them.

“THE TRUTH HAS COME OUT AND WE MUST LEARN FROM IT.”

The “Hillsborough law” is for and behalf of those who were unlawfully killed in the 1989 Hillsborough disaster and for any future disasters that may happen. It looks at the past events so we can learn from the mistakes for the future.

The proposals are for Hillsborough Law to adopted in all Inquest Hearing that are held where public authorities, civil servants and officials and others are to be accountable.

More Accountable

The key issues about Hillsborough Law is for public bodies to be more accountable and to provide equality of legal representation for the bereaved families at Inquest hearing before a coroner.  This is to stop the Government having deep legal pockets to represent public officials to bereaved families who may not have the money to obtain legal and expert advice.

It is hoped that the trust and fairness in the justice will help bereaved families in other disasters going forward which can only be a good thing.

We often say, that sometimes the law gets in the way of justice.  We hope that he hard work and hurt following the Hillsborough disaster in not in vain.

Further Reading – Hillsborough Law

Dying with Embarrassment

The heart stops in the bedroom while love making. It is more common than you would think. No fatal accident claim can be made, of course but it is something that has been brought to the attention when considering the response from the British Heart foundation (BHF).

The BHF said that the findings should not scare people off sex. In fact is like exercise it can be good for the heart. For more information please see Sex and Heart Disease.

Patients Who Collapsed During Sex

When there is a fatal injury due to a patient who collapses during sex, they are less likely to received cardio pulmonary resuscitation (CPR) and had to wait longer for treatment.  The delays?  Due to the embarrassment of sex.

Cardiac arrest occurs when the heart stops beating as a result of an irregular rhythm and is quickly fatal without treatment or CPR.

A heart attack, however, is where the blood flow to the heart is blocked.  A different condition. Cardiac arrest is more likely to occur in men.  The issue is awareness in women to recognise the symptoms and to administer CPR and seek professional help urgently.

Having Sex After a Heart Event

The above guidance is of importance from the British Heart Foundation and it could save the person you their life.

999 and Fatal Accident Claims

Fatal Accident Claims & 999

The Emergency Ambulance service are causing almost 2 deaths per month for failing to get to the accident scene on time and or failures to recognised the severity of the patent’s symptoms.

In a damming acknowledgement by the Coroners in England and Wales it is reported that Coroners have had to notify the ambulance service since 2013 86 times warning them that changes have to be made to avoid possible fatal accident claims.

Fatal Road Traffic Accident

FORTY EIGHT WARNINGS OVER DELAYS

Of the Coroners’ warnings to the Ambulance service 48 of them related to delays in getting to  the patient in a reasonable time.  A former whistle blower said that the volume of reports suggest that:

‘a significant decline in ambulance safety in recent years.’  The whistle blower added ‘action is needed to rectify underfunding, related to workforce and skill mix issues…’

Coroners Duty under Fatal Accident Claims

Under Regulation 28 of the Coroners (Investigations) Regulations 2013 a Coroner  has a duty to write a report if it appear there is a risk of other deaths occurring in similar circumstances.

An analysis into Regulation 28 reports on deaths by the Chief Coroner had revealed that delays were caused by slow handovers at Accident & Emergency Hospitals which findings were similar to the National Audit Office earlier this year.  Further reading on delays and underfeeding of the ambulance service resulting in possible fatal accident claims please click here: Emergency Paramedics

 

 

Fatal Accident Claims – Death by 999

We are all aware of Government cut back over recent times. But when cut back cause unnecessary deaths we have to sit up in society and take action.

It is recorded that almost two patients die a month on average due to the failings of the ambulance service following a 999 call.

Main Causes of Death Following a 999 Call

It appears that many deaths are cause by:

  1. Delays on getting to the patient in a timely manner;
  2. Failure to recognise the severity of symptoms.

The findings follow the Coroner’s reports in England & Wales who have now written to the ambulance services or call handlers over eighty times to warn them they they need to make changes to prevent future deaths; essentially turning an accident into a fatal accident claim.

Fatal Accident Claims

If a friend or family member has been involved in something similar or was sadly killed due to another person please contact us for immediate and sympathetic advice and assistance.  No matter how small the query, were are here to help.

Death by Dangerous Cycling

We have all heard of causing death by dangerous driving or causing death by careless driving, however the Conservative Government are considering if a charge on the statue books can be brought for causing death by dangerous cycling.

Ministers this month are looking into the death of a cyclist where a woman was hit by a bike when she crossed the road.  The cyclist was charged and convicted with wanton and furious driving over the death.

Riding a Bike with Faulty Breaks

It was revealed that the bike had no front brake.  The cyclists was, however, cleared of manslaughter and convicted of a lesser charge which only carried a maximum sentence of just 2 years.

Increase the Punishment

There is no backing with the Government to review the law when someone is killed on the road or pavement by a cyclists to bring it in line with the law relating to motor vehicles.  There has been a recent growth in cyclists over the past 10 years and as a result, the probability is that more people could be injured or killed on the roads.

Parliament is reviewing the law in this area following the sad loss.

Employee Drowns While Collecting Golf Balls

Employee Drowns While Collecting Golf Balls

We go to work expecting that the laws are there to protect employees.  There are various Health and Safety Laws to provide that protection but sadly, all too often they are ignored.

In this tragic accident a man had drowned when he was sent by his employer to collect golf balls from the bottom of a lake.

Fatal accident solicitors
Fatal accident solicitors

The employee has available to him a garden hose attached to a compressor as breathing apparatus.

The deceased had learning difficulties, he was weighed down by a diving belt and a bag of golf balls.

His employer was in fact  his friend and he was jailed for manslaughter.

Fatal Accident At Work

It is reported that he had breached at least 16 health and safety regulations.  Neither the deceased nor his employer had any diving experience.  The employer decided he would use his childhood friend to collect the golf balls after he realised the true expense of collecting them if using a professional diver.

A very sad but quite unusual case as here the employer and deceased where childhood friends.  Nevertheless the consequences are tragic and various protection laws were broken.

If you have been affected by this case and require help or assistance please contact us.