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Frankie Murphy Inquest Liverpool 26.06.19

The Inquest of Frankie Gary Murphy

The Inquest was held following the tragic death of a young boy just 13 years of age who sadly lost his life on Liverpool Road, Page Moss , when his bike was hit by a car shortly after 5pm on October 24, 2016.

Our Principal Solicitor who attended the Inquest, at South Sefton Magistrates Court, Bootle, Liverpool, Ronnie Hutcheon, represented the family.

Whilst the hearing has been reported extensively by the Local Liverpool Paper, The Echo  nevertheless an Inquest can only provide a verdict on certain facts but a robust cross-examination of the witnesses is not permitted.  Thus the verdict at Inquest Hearings may not always get to the detail that is required in criminal or civil proceedings.

A statement on behalf of the family, was read out to the Echo Journalist as hereunder:

A statement from solicitor Ronnie Hutcheon, on behalf of Frankie’s family, said:

“As solicitor for the family of Frankie Murphy I would like to acknowledge the composure and dignity of the family throughout the hearing despite the deep hurt and emotional distress caused by their loss of Frankie.

“The family appreciate the limitations that the coroner can decide, the evidence he can hear and the nature of verdict that can be handed down.

“Frankie Murphy’s family and legal team will take time to reflect upon the evidence and decide if further action will be taken through the civil courts.

“The family would like to express that Frankie was the life and soul of the family and will always be missed and loved by everyone left behind.”

Inquest Hearings Law and Procedure

Attending Inquest Hearings, Liverpool can be a daunting experience on behalf of bereaved families who are already suffering following the death of a loved one.  For further reading on What happens at an Inquest or Coroner’s Court‘ please click on the link.

To deal with the legal complexities that follow, talking to the Coroner, the Police, pathologist, dealing with the paper-work etc and bills are just one of many factors.

We can help all families who suffer from a bereavement due to an accident where someone else may be to blame.  Please contact Ronnie Hutcheon, specialist fatal accident solicitors.

 

Make A Will By Text Message!

Fatal accident claims solicitors can report that there is ongoing investigations that the law relating to will writing in outdated and must be kept up to date with modern technology.

It has been mentioned that text messages, emails or even voice mails could be considered binding on the deceased’s estate on how the testator’s wishes are to be carried out.

The Law Commission’s Report on outdated wills has advised that the Wills and Probate Law needs drastic overhaul as only 40% of adults die without a will.

Importance of Making a Will

It cannot be underestimated how important it is to make a will.  At fatal accident claims solicitors we appreciate that the young especially do not consider making a will and adults only begin to think about it when they start a family or suffer from an illness.  Even then, many still do not make a will.

The Law Commission has called for the documents to be produced electronically on smart phones, tablets, computers and be available to people as young as 16 years.

Such digital intervention is allowed in countries such as Australia and Canada but there are counter arguments that a change in the law could trigger more family arguments than it solves.

We would appreciate your thoughts, should making a will be updated and allowed to be produced electronically or not?

Fatal Car Accidents and Family Members

Losing a loved one in a fatal motor accident claim is heart-breaking enough but can you imagine the hurt when the fatal motor accident could be down to a family member or friend?

Dad/Mother/Uncle Driving The Car

The most common example is where parent or other family member is driving a car and a fatal road accident collision occurs. If the parent or family member who is driving the car was at fully at fault in particular, it would mean that in order for the deceased family passenger to claim fatal accident compensation it will have to be directed the driver.

Thus in family situations the deceased passenger in the vehicle will have to claim fatal accident compensation against the driver thus:

  • Deceased spouse v Driving Spouce at fault
  • Deceased child v Driving Parent. Uncle, Aunt etc at fault
  • Deceased Parent v Driving Adult Child 17 years plus

The close family connection makes the fatal car accident claim even more difficult (emotionally) as one would expect.  However one has to deal with the case in hand and nothing can be changed.  Nobody can turn back the clock.

Who Pays The Fatal Car Accident Compensation?

Whilst it is in name only that a claim is to be made it must be remembered that the compensation  for a fatal motor accident is paid by the insurance company.  If there is no insurance company there is a scheme available that will compensate the estate of the deceased and the dependents of the deceased if any.

Legal Support and Advice

As fatal accident solicitor we will help you every step of the way to assist you and hold your hand through the most difficult time in your life and your family members.  The legal implications to make a claim can be far-reaching and complex so please contact us for the advice that you need.

 

 

 

Fatal Road Accident Claims Black Spot – Wales

As reported by the BBC on fatal accident Wales has considered an accident black spot.  Between 2012-2014 greater than 100 people were killed in a fatal accident and approximately 7,500 minor to sustained life changing injuries.

Fatal Road Traffic Accident Claims

The statistics offered by the Welsh Government indicate the following information about fatal road accident and non-fatal road deaths:
  • In 2015 = 5,543 road accidents involving personal injury
  • 105 accidents resulted in a fatal injury.
  • 1,081 people sustained serious or life changing injuries.
What were the top 10 causes of fatal or serious road accidents in Wales during 2015? Source: Statistical Services, Welsh G...

 

The Most Common Cause of a Fatal Road Traffic Accident?

According to the Welsh Government on fatal road traffic accidents claims and non-fatal injury claims from serious to minor personal injury is simply that the driver has not kept a proper look out.  A simple omission but can lead to drastic and devastating results.

Claiming Compensation For Fatal Road Accident

As fatal accident solicitor we are hear to help you make claim for compensation following a fatal road accident. Every case is different has its challengers and complexities. No matter how difficult we are hear to help you.

Not All Accident Solicitors Are the Same

Not All Accident Solicitors Are the Same

Not all fatal accident solicitors are the same.  It this most difficult time for family members who are looking for legal advice in such an emotional and traumatic time, it is important that you do obtain advice from as specialist in this area.

Fatal accident claims can involve a very complex area of the law where there are pitfalls for the unweary and inexperience solicitor who may be very good dealing with simple whiplash injury road traffic accident claims or accidents at work but not equipped with fatal injury compensation claims.  Applying the law to fatal accident claims is not routine, the demands and complexity are uniquely demanding and simply nothing short of experience and expertise should be considered in such a difficult time for the family.

Fatal Acciident Compensation Law

One Example of an Inexperienced Solicitor Getting It Wrong

In this matter, a firm of fatal accident solicitors  acted for a family whose adult child was tragically killed in a road traffic accident.  The deceased was living away from his parents and recently left university and was in a full-time job.

The fatal accident solicitors instructed by the family pursued the claim against the other driver that killed the adult child.  The police via the Crown Prosecution Service  (CPS) successfully pursue the charges of causing death by dangerous driving.

Following the conviction the family as requested by the fatal accident claim solicitors requests that they send the receipts in of the funeral expenses to stat they can be reimbursed with the cost of the funeral and headstone which is a claim that can be made under the Fatal Accidents Act 1976.

The fatal accident solicitor only made a cursory enquiry asking simply did their adult child provide an financial support for them at the time of death.  The answer was ‘no.’

The insurance company for the other driver made an offer to compensate the family for the funeral expenses in ‘full and final settlement’ of the fatal accident claim.  That was it.  The family became a little concerned and questioned their rights.  After seeking advice from us, it quickly became apparent that the fatal accident solicitor simply did not go into any detail about what a ‘dependency claim’ involves and what can be claimed.

Fatal Accident Dependency Claim

It turns out that the parents and the deceased had in mind shortly before the tragic death that their adult child was intending to come back to live with the parents due to job relocation and more-over to look after one of them as they had fallen ill.  That the provision of care to one parent and that the adult child would financially support his family was simply over-looked by the fatal accident solicitor.  No proper and full investigations were ever made.

Had it not been for that telephone call to us, the fatal accident solicitors the family would have settled the claim for compensation for the loss of funeral expenses.  The total value of the Dependency claim is significant and whilst no amount of fatal accident compensation can ever be considered as justice, it does provide some financial security, closure and piece of mind.

Fatal Accident Solicitors – Advice & Support

We are here to help you every step of the way.  The first legal step is to call us.  We will be sympathetic and with over 20 years of dealing with families left devastated by the loss of a loved one appreciate your concerns and demands for justice.  We work under a No Win, No Fee Solicitor service so you have no worries in getting in touch.

Make sure you instruct the right fatal accident solicitor,  otherwise you may  not obtain  the justice that you deserve and the right amount of compensation of piece of mind  and  a sense of closure.  The above link is a cautionary tale of what can easily go wrong if the family instruct the wrong fatal accident solicitor.

Fatal Car Injury - Contact Us

 

My Unmarried Partner Dies – But Still Married, Can I Claim?

My Unmarried Partner Dies – But Still Married, Can I Claim?

This can be a heartbreaking situation following a fatal accident claim.  Where a couple are not married but are living together there is no automatic right for the surviving partner to bring an action for the unlawful death following a fatal accident.  This is governed by the Fatal Accidents Act 1976 which states that if there are co-habities, then the survivor can only claim as a dependant of the loss of their loved one if they were living together as ‘husband and wife’ for a period of 2 years immediately prior to death.  The law has subsequently been updated to included same sex co-habities.

Fatal Accident Compensation Claims

The law was challenged under Section 4 of the Human Rights Act  1988 in a case called in a case called Swift v Secretary of State 2013 to overturn the offending section 1(3)(b) of the Fatal Accidents Act 1976 (as amended) as incompatible and thus should be overturned.

Fatal Accidents Act 1976

Under the Fatal Accidents Act, 1976, only 3 groups of people are entitled to make a fatal accident compensation claim following the death of an individual. They are:

  • dependants of the deceased,
  • close relatives of the deceased,
  • deceased’s estate.

Dependency claims are usually  ‘financial dependents’ of the deceased under the Fatal Accidents Act 1976, husbands, wives or civil partners, parents or ascendants, children or other descendants and brothers, sisters, aunts and uncles.

But for co-habitees, the law has been strictly applied and the Human Rights Act does not help.  In the above case of Ms Swift she had been living with her partner for just 6 months prior to his untimely death where he was fatally injured at work.  She was pregnant at the time of death.  Despite the fact she was having his child she could not be classed as a dependent of her partner because she did not live with him for a period of 2 years prior to death as ‘husband and wife.’  Her appeal was dismissed and as said before even the Human Right Act would not help her.  The same will apply to a Civil Partnership.

What if the Deceased Co-Habitee Was Also Married?

In this was the case, the estranged wife will also be able to claim as a dependent and also claim a bereavement award as she will come under list of limited people who can claim.

However if the Co-habitee had been living with his or her partner for more than 2 years prior to death as ‘husband and wife’ then the co-habitiee may also claim for a dependency award along side the ‘married partner.’  This is because there can be more than one dependant who can claim at the same time.

So if there are also children to the relationship of the deceased, each child may also be able to claim for a dependency award in addition to the partner(s) of the deceased.

If there is a conflict between dependents as to who can claim for a death following an accident they dependents may require separate legal advice from specialist fatal accident claim solicitors.

Why Did The Courts Got It Wrong Over Many Years? (Part 3)

Why Did The Courts Got It Wrong Over Many Years?

The Ogden Tables were used to compensate future awards of compensation for fatal accident dependents and victims of life changing injuries.  The Ogden Tables use what are called ‘multipliers’ that is a calculation to apply a fixed lump sum award the claimant would received today and ‘discount’ the compensation lump sum due to the fact that the claimant would get the money now rather than piece meal over what can be many years into the future.

In fatal accident claims, however, the Courts in the 1970’s (see case of Cookson v Knowles [1979] in particular where Lord Fraser stated:

‘In a personal injury case, if the injured person has survived until the date of trial, that is a known fact…But in a fatal accident case, the multiplier must be selected once and for all as at the date of death because everything that might have happened to the deceased after that date remains uncertain…’

Thus to calculate the future compensation for dependants from the date of death rather than the date of trial (which happens as a matter of routine in life changing injury claims) has the effect of under-compensating the dependants of the deceased.  Why?  This is because the Odgen Tables used to calculate the future awards were designed to calculate the ‘multiplier’ from the date of trial not the date of death.

So if there is a long delay between the date of death and date of trial or settlement this will lead to injustice and under-compensation to the dependents.  This has been a known fact for many years but the Courts have done nothing about it until the decision in Knauer v MOJ 2016.  The mis-use by the Courts of the Ogden Tables was considered in White v ESAB Group (UK) Ltd [2012] and Aths v Ms [2002] EWCA Civ 972 and criticised in Corbett v Braking HA [1991].

Just one good fatal accident decision in many years has taken place where the Supreme Court in the case of Knauer v MOJ 2016 decided to change the law so that the multiplier must run from the date of trial, not the date of death.  This can add thousands of pounds for bereaved families who have been under-compensated and let down the the Government and the Judiciary.

[Author Ronnie Hutcheon – Principal Solicitor in the Firm of R James Hutcheon Solicitors]

But the Courts thought they were bound by the past judgement and thus the law could not be changed without the Government changing the law.

Even the Law Commission Report entitled Claims for Wrongful Death suggested to the Government that the law should be changed (among other issues) so that compensation for fatal accident claims for future awards should be used the same way as lift changing injury claim, that is The Ogden Tables for future awards for compensation should be from the date of trial not the date of death.

Fatal Injury Law Commission Report – [Click to View]

Common sense has played a part here with practical know how of the change in times but lest not forget the injustice to victims in the past whose fatal accident claims have been vastly under compensated by the slow changing pace of the Judiciary and the constant strength and lobbing of Government by insurance companies who  continue to influence the Government.  The losers are the victims.  Help us change the law and sign our Government E-Petition on bereavement awards.

Further reading

Fatal Accident Compensation – Calculate Future Awards (Part 1)

Fatal Accident Compensation – Calculate Future Awards (Part 2)

Fatal Accident Compensation – Calculate Future Awards (Part 3)

There are time limits that apply to make a fatal accident claim so please do not leave it late. If you are reading this website to help a family member or friend who has not yet obtain advice you can contact us to discuss options.  Whatever the circumstances, contact us.

Click on our CONTACT US to call or email us via our Online Form.

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Fatal Accident Compensation – Calculate Future Awards (Part 2)

In Part 1 fatal accident solicitors considered the general complex issues of how calculating future awards for lump sum compensation for a fatal accident or fatal disease can be complex.  Needless to say, once again, as fatal accident solicitors specialising in this area in addition to serious life changing injury claims, the future calculation for compensation leaves the victims, in our view under compensated.

Why?  It is all down to how the large discount is applied to future lump sum compensation awards for a fatal accident or serious life changing injuries.  The discount applied applies on the award of the compensation so as not to ‘over compensate’ the dependents or victim of a life changing injury claim.  Thus to use an similar example, if the dependents or personal injury victim sustaining serious injury claim is valued at say £100,000 over a period of 10 years, if that amount was put into stocks and shares over a period of 10 years, there is a chance that the investment will grow over time and thus the net value would be more than the £100,000.  This is unfair and has been attacked as the returns may not be significant or at all as there is a chance there could be heavy losses.

‘Victims and families whose loved one have been killed in a fatal accident or sustained a serious life changing injury have been under compensated for years…’ 

[Author Ronnie Hutcheon, Principal Solicitor of R James Hutcheon Solicitors]

Fatal Injury Bereavement Award

Thus the dependents compensation for a fatal accident or the victim of a serious life changing injury claim are being under-compensated and have been over many years.  Further the Conservative Government has also since April 2013 not only reduced solicitor costs if they win a compensation claim for fatal accident or injury but now solicitors are forced to take up to 25% of the victim’s compensation award.  Thus to say that the aim of compensation is to put the claimant victim in the same financial position but for the death or accident is a misnomer.

Uee of the Ogden Table To Compensate Fatal Accident Claimants

The Ogden Tables are used by fatal accident solicitor and personal injury solicitor who specialise in life changing injuries where the future awards of compensation have to be considered.  Here we will discuss only fatal accident compensation claims due to the recent important case of Knauer v MOJ by the Supreme Court in 2016 increased compenstion following the unalwful killing of a person in an accident by just using the Ogden Tables in the way they were intended.  Had the Courts used the Tables correctly it would have stopped thousands of bereaved families whose fatal accident compensation claims were settled by their Solicitor or the Courts over many years.

Fatal Injury – Sign our Bereavement E-Petition

Fatal Child Injury and Bereavement Award

In law, if a child is killed in an no fault accident, do you know that a monetary value of only £12,980 is awarded.  The same for an adult.

If an adult child is killed (18 years plus) parents are entitled to absolutely £nothing.

Please Help Stop The Injustice

Fatal Injury Bereavement Award

Sign our Government E-Petition today “Increase the Bereavement Award” and please share on Facebook, Twitter, LinkedIn, Google+ and other Social Medial Platforms.

For more information of the injustice for bereaved families following a fatal accident please click on our webpage Bereavement Award.

Thank You.

All at R James Hutcheon Solicitors & Bereaved Families

Young Driver Died Due to Collision

Young Driver Died Due to Collision

The deceased, 23-years-old was driving along a long stretch of road where he came to a standstill at a set of traffic lights. When the traffic lights turned to “green” the deceased proceeded to set off on his motorcycle when a Ford Fiesta went through a red light and collided with him side on causing fatal injuries.

It is believed the claimant on behalf of the deceased is claiming that the defendant failed to keep a proper look out on the traffic and obstructed the stop signs and is to have believed to be of driving too fast which has resulted in this fatality.

Approximately 20 minutes post-accident the deceased was transported to hospital by air ambulance with a doctor on board which pronounced him deceased at the scene of the fatal motorcycle accident.

The claimant on behalf of the deceased is currently claiming for fatal motorcycle accident compensation on behalf of the deceased’s children who are under the age of 18, which have suffered a significant emotion loss after losing their father.

#BrokenHeart
#BrokenHeart

“What else am I able to claim if I have lost a loved one”

Questions - Contact Us

Here at R James Hutcheon Solicitors we understand that no amount of compensation is going to bring back the love, happiness and joy of your loved one. But we can help you find out the truth on what really happened by liaising with the Police and attending corner court hearings and overall not only support you but claim as much compensation back as possible.

When you lose a loved one, you may find that you get into a lot of financial difficulty due to planning your loved ones funeral. This is where a bereavement award and dependency claim will come into act if the accident is to have been confirmed that the fatal motorcycle accident was the defendant’s fault.

No Win, No Fee, Solicitor

No Win No Fee No Solicitors

As specialist fatal motorcycle accident solicitors, we undertake all work under a No, Win, No Fee basis, so despite the complex legal and factual issues that can arise from an accidental death, you and your family will have no money worries by instructing us.