Category Archives: Coroner’s Court

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.

 

The Hillsborough Law – Coroners and Inquest Hearings

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.

Hillsborough Law

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

Hillsborough Law – Please Sign Up

Inquest Hearings

Coroner’s Hearings

Pressure on Theressa May Support New Hillsborough Law

 

 

 

 

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

 

 

Inquest and Coroners Court – Help and Advice

Inquest and Coroners Court

As fatal accident claim solicitors were are often asked by bereaved families what happens at an Inquest and what is a Coroner’s court and how does it affect the fatal accident claim?

In short an Inquest is where there is an investigation into the death of a loved one following a fatal accident claim.  Inquest are held in many fatal accidents caused by:

The main purpose of an Inquest is to find out the exact cause of death.  In most cases this can be established by the facts of the accident.  In other cases it may be more complex to find out the cause of death or who may be responsible. This is so especially if the death is caused on a building site and there are various contractors who occupy the land and or premises.

The Inquest hearing is a formal court assessment by the judge (The Coroner) who has wide and various powers to call witnesses to give evidence.

In other serious cases especially where corporate manslaughter could be a possibility the Coroner may decide that the hearing should be held before a jury.  This is quite rare as most Coroner Hearings are held by the Judge alone without the help of a jury.

Inquest are for Fact Finding Not To Blame

The most important thing to remember for bereaved families is that an Inquest held by a Coroner is not to apportion blame for the fatal accident claim.  It is to find out the facts giving rise to the death, how death was caused and if possible for the Coroner to make recommendations to whoever has power or responsible for the death to try to prevent similar fatal accident claims and death happening again.

Further Advice – Coroners Court and Inquest Hearings

What happens at an Inquest Hearing

What happens at a Coroners Court

What are the Coroner’s powers in court

What Happens At An Inquest Hearing?

What Happens At An Inquest Hearing?

Fatal Accident Solicitors Inquest Hearing Support Service

The duty of a Coroner and what happens at an Inquest has, for many, been a mystery. A sudden and unexpected death following a cycle fatal accident claims is a personal tragedy and grief that makes understanding the process that much more difficult. As sympathetic expert inquest and bike fatal accident solicitor will help you through this traumatic event every step of the way. By providing that helps relieve the financial worry and stress of family members who need assistance.

Attending an Inquest/Coroner

Family members & dependents require legal assistance to help explain to them the legal implications of an Inquest hearing/Coroner’s Hearing following a fatal accident as well as providing them with practical advice, for instance, whether a death certificate can be obtained to deal with the estate pending the verdict.

Contact Us Now – Don’t Leave It Too Late

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.

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Fatal accidents at work claims

Fatal accidents at work claims

Fatal accident at work solicitors are here to help families who have lost a loved one who has been killed at work due to the negligence of the employer/employees or contractors on site.

Many fatalities at work arise due to breaches of health and safety law and as such the Health and Safety Executive will be empowered to investigate the cause of death to establish.

Fatal Road Traffic Accident
Fatal Accident At Work Claims

Fatal injuries at work claim statistics HSE

The Health and Safety Executive in their report into fatal accidents at work claims say:

There were 27 fatal injuries to workers in agriculture, lower than the five year average of 32. The rate of fatal injury in 2015/16 is 7.73, compared to the five-year average rate of 9.40. 

 In mining and quarrying two workers were killed, compared to an average of four deaths for the previous five years. 

 There were 27 fatal injuries to workers in manufacturing, 23% higher than the five-year average (22). The latest rate of fatal injury is 0.92, compared to an average rate of 0.79 over the previous five years. Within the latest year, there were three incidents in this sector resulting in eight deaths, see section ‘longer-term trends’ for details. 

 There were six fatal injuries to workers in waste and recycling, compared to the five-year average (7) but subject to considerable yearly fluctuations. The latest rate is 5.71 deaths per 100,000 compared to the five-year average of 5.59.

There were 43 fatal injuries to workers in construction, the same as the five year average of 43. The latest rate of fatal injury is 1.94 per 100,000 workers, compared to a five-year average of 2.04. 

Source: http://www.hse.gov.uk/statistics/pdf/fatalinjuries.pdf

One Fatal Accident At Work Claim It Too Many

One fatal accident at work is one too many.  A personal tragedy to the worker and his/her family.

As fatal accident claims solicitors we are here to help bereaved families every step of the way from investigation to truth and compensation.

Contact us now: fatal accident claims solicitors

Contact Fatal Accident Solicitors

 

 

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Fatal Accident – Can I Claim Compensation?

Fatal Accident – Can I Claim Compensation?

As fatal accident claim solicitors we are often approached by family members and friends of the family who have lost a loved one for guidance and advice.

Often fatal accident compensation is often secondary to finding out the truth of what happened to the deceased and to obtain justice.

Fatal Accident Claims and Probate

Fatal accident solicitors can help with the investigations by the Police by liaising  with them and the Coroner in respect of the Inquest that is often held following an untimely death.

Compensation for Fatal Accident Claim

There are many different types of losses that a qualifying member of the deceased can claim such as:

If a person dies as a result of a violent act, then a claim can be made through the Criminal Injuries Scheme of which please click on this link: Criminal Injuries and Bereavement Award.

What Happens At An Inquest Hearing?

What Happens At An Inquest Hearing?

This website offers a wealth of information and pointers to help family members and concerned friends but you should contact us for advice with one of our fatal accident solicitors to make a claim or simply to obtain some advice and support.

Contact Fatal Accident Solicitors

 

 

 

 

What Happens At An Inquest?

What Happens At An Inquest Hearing?

This post is written for families and friend who have lost a loved one due to the following:

A post-mortem examination will be established following the death to establish cause.  It is important to note that the Coroner’s hearing is held not to apportion blame but to consider the facts as presented to the at court by the Police, experts and witnesses in particular.

Fatal Accident Claims Investigation

The Coroner has wide powers of investigation and can issue a burial order or cremation certificate pending the Coroner’s Court Hearing. The Coroner does not have to wait to the end of the investigations.  The Inquest Hearing will simply be opened to allow for practical matters such an an interim death certificate to be issued and for the body to be laid to rest.  The Inquest Hearing will then be resumed once the evidence has been obtained.

Who Can Attend a Inquest Hearing?

Generally any relevant witnesses to establish the cause of death, relatives, Police, experts to called to help the Coroner, fatal accident solicitors.  As the Inquest Hearing is held in public it open also to journalists.

When Should an Inquest Hearing Be Held?

The aim for most Inquest Hearings are that it should take place within 6 months from the date of death.  However this is not always achieved which can be due to many factors such as the complexity of the investigations and if the any possible defendant disputes any charges made by The Police via the Crown Prosecution Service.

Can I Obtain Advice by Fatal Accident Solicitors?

What happens at an Inquest is important as it is the only way relatives can obtain at an early stage what happened and how their loved one lost their life.  It is an official verdict and made public.  The implications can be crucial to establish the cause of death as the factual decision is helpful to establish other legal implications that can follow such as compensation for a fatal accident.

Many Inquest Hearings held by Coroners that the fatal accident solicitor attend are mainly due to the following:

If there is likely to be a possible defendant to blame in whole or in part as fatal accident solicitors we can help you with the investigation with the police and the Coroner to ensure that every relevant factors are taken into account.

NO WIN NO FEE SOLICITOR SERVICE

Obtaining free advice from expert fatal accident solicitors takes the stress and worry away from relatives at the most difficult time of their lives.  We are hear to help you every step of the way.

No Win No Fee No Worry Cycle Solicitors

We Are Hear & Listening

Fatal accident solicitors and compensation claims are our specialism.  From helping families get to the truth of what happened to attend the Inquest Hearing and finally an award of compensation.  What happens at an Inquest Hearing is only the start of a journey that can take many twists and turns.  Whatever the evidence or complexity we are right here to help you.

Contact Fatal Accident Solicitors

 

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

 

Fatal Accident At Work – Crush Injuries

Fatal Accident At Work – Crush Injuries

A fatal accident at work occurred to an engineer who is said to have been crushed to death as reported in the Irish News.

It is said that the tragedy occurred when the employee was caught up in machinery.  The Health and Safety Executive are to carry out appropriate investigations into the tragic death at work.

Fatal Accident Deaths At Work

Anyone who seek help and advice regarding a fatal accident at work may seek the help and advice from specialist solicitors, who will be able to help with making a fatal accident compensation claim.

Fatal Acciident Compensation Law

The tragedy is compounded by the fact that following a death at work, it is often the ‘bread winner’ that has lost his or her life. The consequences are only too apparent by the fact the death was sudden and unexpected.  Thus there is almost always and immediate loss of income to the family.  The bills, unfortunately do not stop once a death has occurred in the family.

The mortgage, rent, council tax, utility bill,s car bills, finance, loans and more still have to be paid.  Combined with having to find an immediate expense of about £7,000 for the cost of a funeral.  Further reading on funeral expenses please see our link: Fatal injury & Funeral Expenses.

The loss and grieving is hard enough but to then be worried about finances can make the stress un-necessary.  As fatal work accident claims solicitors, we can help take action against the employers if there is a possibility they may be at fault.  All employers by law must have insurance to pay out for such eventualities.

If the death at work compensation claim is met by an admission by the employers insurance company that the fatal accident at work claim was as a result of the employer’s negligence or fault, then the solicitors helping the family can obtain an interim payment to help with the funeral expense within a matter of weeks and deal with the rest of the compensation claim when all the evidence in support of the dependents are obtained.

Fatal Accident Claim Advice

 

Contact us the Fatal Accident At Work Claims Solicitors

Call or email us today.  Our contact details are on our Contact Us page.

All fatal accident claims undertaken by No Win, No Fee, Solicitors

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Inquest & Coroners

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Fatal Accidents Act 1976

Fatal Injury Claims

 

Why did the courts get it wrongful 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…’

Fatal Accident Claim Advice

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 – fatal accident claim specialist – 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)

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