We are asked simply out of curiosity and as part of a tragic loss of life due to a accident. A bereavement award is commonly payable where a close family member loses the life of a loved one. The amount payable is a poultry £12,980. Primarily this is due in the following type of accidents:
There is a limited class of close family members who can claim.
Surviving spouse of the deceased, including now surviving civil partner.
Parents of child, providing child at the time of death is under 18 years.
That is about it. Surprisingly a child cannot claim any bereavement award for the loss of his or her parent(s), guardian or grandparent who may have been the primary carer at the time of the tragic death of the adult. Absolute nonsense and totally unjust.
Fatal Accidents Act 1976
The statutory provision for payment of a bereavement award is found under the Fatal Accidents Act 1976 a rather old an unjust piece of law, made by the Government.
It is for the Government to change the law but under the Conservatives, this looks remote. In fact quite the opposite.
Compensation for a fatal accident at the end of the day has to be produced to the court in black and white, on paper and electronically. Below are some examples of what can be claims for dependency.
PARENTS CLAIM FOR DEPENDENCY – A CLAIM FOR RENTAL INCOME
Below is a typical expression of a claim compensation for a fatal accident claim for dependency on behalf of parents:
Loss of rental income £12,000
The Deceased started his degree course at University, the Claimant’s parents had built and extension to their house so that the Deceased would always have a place that he could call his own when visiting during holidays and in the likely event that he moved back home at some point after completing his studies.
After graduating the Deceased moved away and obtained a full-time job.
While the Deceased lived in rented accommodation he was not particularly happy with his job and wanted to move back home and be closer to his family and friends. Further his parents health was failing and as the only child they needed support. He wanted to be there for them.
Just several weeks before the Deceased’s death, he attended for an interview close to his parents home and was successful. Before starting his new job he tragically lost his life.
If the Deceased had moved home, his parents would have charged him nominal rent of about 200 per month towards household costs. They had discussed such an arrangement with the Deceased before he moved.
In the circumstances, it is the Claimant’s case that there was a substantial chance that the Deceased would have returned to live at home and contributed £200 per month towards household costs.
The timing and duration of the Deceased’s return are all incapable of being precisely ascertained, and therefore proposes that the parents’ claim in respect of the Deceased’s likely contribution towards household costs is valued on the basis that it would have lasted for 5 years. The period of claim allows for the possibilities that the Deceased might have lived at home for a longer or shorter period. No enhancement for any element of accelerated receipt is sought, and the claim is therefore for £200 x 12 x 5 = £12,000
The heart stops in the bedroom while love making. A fatal injury claim? It is more common than you would think. No fatal accident claim can be made, of course but it is something that has been brought to the attention when considering the response from the British Heart foundation (BHF)>
The BHF said that the findings should not scare people off sex. In fact is like exercise it can be good for the heart. For more information please see Sex and Heart Disease.
Patients who collapsed during sex
When there is a fatal injury due to a patient who collapses during sex, they are less likely to received cardio pulmonary resuscitation (CPR) and had to wait longer for treatment. The delays? Due to the embarrassment of sex.
Cardiac arrest occurs when the heart stops beating as a result of an irregular rhythm and is quickly fatal without treatment or CPR.
A heart attack, however, is where the blood flow to the heart is blocked. A different condition. Cardiac arrest is more likely to occur in men. The issue is awareness in women to recognise the symptoms and to administer CPR and seek professional help urgently.
Having Sex after a heart event
The above guidance is of importance from the British Heart Foundation and it could save the person you their life.
Fatal accident claims solicitors are aware that the Coroners in England & Wales have criticised call handlers and the ambulance service for failings in the system that are giving rise to deaths that could possibly be otherwise avoided.
Such un-necessary deaths can therefore lead family members to make fatal accident claims of compensation.
Failings in the Ambulance Service
The Coroners in England and Wales are increasingly concerned about the delays in responding to an urgent 999 call and the ambulance service where they often fail to recognise the severity of the symptoms leading to a possible fatal accident claims.
It is reported that 86 times the Coroners have had to warn the Ambulance Service of possible failures, a statistic of almost two patients every month have died.
We are all aware of Government cut back over recent times. But when cut back cause un-neccsary deaths we have to sit up in society and take action.
It is recorded that almost two patients die a month on average due to the failings of the ambulance service following a 999 call.
Main Causes of Death Following 999 Call
It appears that many deaths are cause by:
Delays on getting to the patient in a timely manner;
Failure to recognise the severity of symptoms.
The findings follow the Coroners’ reports in England & Wales who have now written to the ambulance services or call handlers over eighty times to warn them they they need to make changes to prevent future deaths; essentially turning an accident into a fatal accident claim.
If a friend or family member has been involved in something similar or was sadly killed due to another person please contact us for immediate and sympathetic advice and assistance. No matter how small the query, were are here to help.
We have all heard of causing death by dangerous driving or causing death by careless driving, however the Conservative Government are considering if a charge on the statue books can be brought for causing death by dangerous cycling.
Ministers this month are looking into the death of a cyclist where a woman was hit by a bike when she crossed the road. The cyclist was charged and convicted with wanton and furious driving over the death.
Riding a bike with faulty breaks
It was revealed that the bike had no front brake. The cyclists was, however, cleared of manslaughter and convicted of a lesser charge which only carried a maximum sentence of just 2 years.
Increase the punishment for causing death by cycling dangerously
There is no backing with the Government to review the law when someone is killed on the road or pavement by a cyclists to bring it in line with the law relating to motor vehicles. There has been a recent growth in cyclists over the past 10 years and as a result, the probability is that more people could be injured or killed on the roads.
Parliament is reviewing the law in this area following the sad loss.
We understand that when investigating a fatal car accident claim, it is not about the compensation. Far from it. It is getting to the truth, discovering who was at fault and why. If there is blame and counter-blame this adds to unnecessary stress and anxiety. However, we will help you and the entire family get to the truth and undertake all the necessary paper-work that is necessary to process the claim and to fact find.
Contact Fatal Accident Claims Solicitors
We are here to help you every step of the way. Contact us now for expert advice and assistance.
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?
Whilst we are experts in fatal accident claims there are moments when the law affect other aspects of our lives. The right to die, has been brought into the court once again when a campaigner who is terminally ill requires the court to determined when he can die with ‘dignity’ rather than being ‘entombed’ by his illness.
The High Court will determine the fate of Noel Conway, 67 years of age, a retired lecturer who is suffering from the debilitating motor neuron disease.
It is reported that he has less than one year to live and Mr Conway would like to control his end of life wishes. When he has less than 6 months to live and has mental capacity to make the decision, he wishes to bring about a ‘peaceful’ death with professional help from doctors.
No medical professional can intentionally accelerate death otherwise, under the Suicide Act 1961, a doctor (or family member/friend) may face up to 14 years imprisonment.
Mr Conway requires a declaration that the Suicide Act is incompatible with the Article 8 of the European Convention of Human Rights which relates to respect for private and family life and Article 14, which protects against discrimination.
However the right to die has to be balanced the possibility of family members putting pressure on the patient to end their life. It is a difficult case. The Justice Secretary is opposing the case and the trial continues.
The risk of fatal accident claims could be higher as emergency vehicles such as the police on a 999 call could be prosecuted for driving offences such as death be dangerous driving or death by careless driving if found to be driving below the kill and care as one would normally expect of the driver.
It may be argued this is quite harsh and unfair as reacting to an emergency 999 call creates it own hazard which no other driver is lawfully exposed to.
Having said that, however, a balance has to be struck with the need for the police or ambulance crew to get to the target destination as quickly as possible to save lives and on the other hand the need to ensure that whilst on a 999 call, the emergency drivers do not leave total devastation in their wake.
The Police federation of England and Wales wrote to its members to remind them that there were no exemptions for to offences of emergency and careless driving.