Boomerang Children Let Down By Fatal Accident Laws?

The main law governing fatal accident claims is under the Fatal Accidents Act 1976.  The law surrounding fatal injuries is clealry outdated as it was passed by the Government at the time where most people would get married and have 2 children.  At the time most children would leave home at an early age, get a job and buy a house.  In those days, many jobs were considered for life so the children would have financial independence from their parents at an early stage.

Children Dependency Claims Following the Loss of A Parent

The unlawful killing of a parent in an accident, most common will be from fatal road traffic accident or fatal injury or disease contracted at work will often lead to a dependency claim for the surviving parent and to the children.  However when the law governing dependency claims, The Fatal Accidents Act 1976 was passes, some 40 years ago, it envisaged at the time that children would be financially independent from their parents, at the latest by the age of 21 years.  Therefore the loss of a parent to the child would mean no compensation for the loss if they are over 21 years of age.  Children are not even entitled to a bereavement award.

Most honest, decent and fair minded people would consider this to be unjust.

Boomerang Children and the Fatal Accidents Act – Claim for Dependency Award

The soaring house prices and cost of living means that far from children being financially independent from their parents, more and more are choosing to come back home.  With the average property price for a first time buyer in 2016 now over £210,000 in England and Wales 25% of twenty somethings up to their mid 30s years of age who are working are now living with their parents – see Guardian Hidden Cost of the Boomerang Generation.

What does this mean to Adult children (over the age of 18 years) who are faced with a defence from the defendant insurance company saying that all the law points to the fact that adult children are likely to be independent from their parents at 18 years or 21 years and thus will not be entitled to any financial compensation for their loss.  It will be hard to take and at this time, as fatal accident claim solicitors, we are unaware of any Court Order for a fatal accident dependency award to take into account the new dimensions of modern living.

This article ‘Boomerang Children Let Down By Fatal Accident Laws?’ will continue Part 2.

Compensation for Fatal Injury Claim?

For family legal advice and assistance all under our no win no fee solicitor service please contact us immediately. We are here to help you in this most difficult time.  No matter what the query we will only be too pleased to help you.

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