A Train & Sons Ltd v Fletcher 2008 | Case Summary

Summary: Fatal Accident Claims, Dependency claims; loss of financial dependency, asbestos, malignant mesothelioma, Fatal Accidents Act 1976 , Personal Injury, Coroners Act, Inquest, verdict, fatal accident solicitors.

Fatal Accident At Work Claims: – A Train & Sons Ltd v Fletcher 2008

The claimant solicitors in this tragic fatal accident case made a claim on behalf of a widow whose husband who had died from the effects of a malignant mesothelioma resulting from his exposure to asbestos in the course of his employment. The parties had agreed the amounts in respect of the past loss of financial dependency from date of death to date of trial, further loss to the date of retirement and loss after retirement. In relation to interest on damages for loss of financial dependency there was a dispute regarding interest calculations on damages. It was ruled that post trial interest was not allowable and would over-compensate the Claimant and that only half the short term interest rate should be allowed pre-trial.

With regard to the multiplier, it was clear that in a fatal accident case the multiplier had to be selected at the date of death.

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Posted: July 19, 2008 at 4:57 pm