Bereavement Award for Unmarried Couples & Fatal Accident
Fatal accident Solicitors our taking action on behalf of an unmarried woman whose partner was killed in a fatal accident.
The woman is barred from making a claim for a fatal accident bereavement award because the Government who has passed the law in England & Wales fails to recognised that she is entitled to the compensation because she was unmarried to her partner at the time of death.
This is so despite the fact that they were living together for 11 years.
Her claim is being pursued under her right to a private live under Article 8 of the Human Rights Act and under Article 18 for discrimination.
The the bereavement award has been heavily criticised over the year but the unjust restriction on who can claim following the tragic loss of a loved one and the amount currently awarded for a wrongful death commonly in a fatal road accident.
As the law stands under the Fatal Accident Act 1976, only the surviving spouse can claim compensation for a bereavement award under the Fatal Accident Act or a parent of a child that was wrongfully killed proving the child is under 18 years.
The current bereavement award is a pitiful £12,980 in any event.
The barrister representing the Claimant said on her behalf:
“It is symbolic recognition. It is about state recognition of the closeness of a relationship and the emotional loss suffered and we say that is plainly within the ambit of Article 8.”
He said that statute permitted a cohabitee of two years or more to recover dependency damages, but not to have the closeness of the relationship with the deceased recognised formally by the state, by means of a “token” sum.
“It’s not really compensation for anything you can measure. It is a token sum – a symbolic sum – which recognises the grief that is highly likely to occur following the loss of a close loved one.”
Lawyers for the Government however say that the claim for a bereavement award following a fatal accident (under the law as it stands) is without merit and should fail.
Fatal Accident Claims and Bereavement Awards
At fatal accident solicitors we have written many posts and blogs on the unfairness of the Fatal Accidents Act and in particular the fitful amount awarded for the bereavement of a loss of a close family member and the restriction on who can claim. For more information on this subject please visit our webpage fatal accidents and bereavement award.
Further reading on fatal injury claims:
Posted: August 4, 2016 at 12:36 pm