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. 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.
We are all aware of Government cut back over recent times. But when cut back cause unnecessary 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 a 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 Coroner’s 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
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.
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.
Fatal Accident Claims
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.
When faced with a fatal accident claims road traffic accident there can be worry for the dependent family that the defendant driver does not have motor insurance to provide compensation to the deceased’s estate and family left behind.
Thankfully, even if the defendant driver was uninsured or even untraced at the time of the fatal accident claim the family and the estate of the deceased are still able to obtain compensation from the Motor Insurance Bureau (MIB).
The MIB has been set up to provide compensation for fatal accident claim so that the family left behind do not financially suffer as a result of losing a love one.
The claim procedure will be handled the same by the fatal accident claim solicitors which will include:
Investigating the circumstances of the fatal accident claim.
Dealing with the police
Speaking to the coroner
Attendance at a coroner’s hearing if required
Establishing compensation award
Establishing dependents of the deceased.
Providing compensation payments
Fatal Accident Claims – Need Advice?
If you or a member of the family who have lost a loved one and are in need for advice, please contact the fatal accident claim solicitors now.
The Church is often what we use to for family and friend to get together on important stages in our lives:
Facebook is Taking Over!
Now Facebook is taking over (at least digitally). We are still using The Church for such important events in our lives (and death) but Facebook is now so vast and widely used that such events also take place digitally.
Facebook is certainly a place for light-hearted messages, thanks, updates but now even announcements of a death in the family are often an important message board to inform family and friends.
In a recent study by Co-Op funeral care a third of adults who want their loved ones to post online when the die have already let someone know that tho sis their wish.
We Deal in Grief in Different Ways
Everyone is different. Some will shudder at the thought of advising loved ones or friends of a loss. They would want to meet the family in person, make that call rather than announce it on social media platforms.
However others are use to posting anything and everything which includes announcing the death of a loved one.
Announcements of death on social medial ever growing. Anyone who has lost a loved on in the past 3 years due to an unlawful killing should consider seeking legal advice to help them make a fatal accident claim for compensation and getting to the truth of what happened.
Contact us now for help and support all under a no win no fee solicitors guarantee.
Cyclists are reported to be a risk to being knocked off their bike almost every 2 weeks which can be the fault of the cyclists not being aware of their surroundings or motorists not seeing or expecting a cyclist close by.
There are also other matters of concern to avoid such devastating consequences on the UK roads and streets. What are they? It is the ‘near misses.’ Those thankful days where a car, van or lorry just misses the cyclist and thus avoiding a fatal accident claim and serious injury.
25 Near Misses A Year
It is reported that almost every 2 weeks a cyclist is almost knocked off their bikes. A staggering statistic. It appears there is confusion over the right of way at junctions in particular which gives rise to most risk to potential cycling fatal accident claims.
On average a cyclist will experience 25 near misses at junctions every year in the UK. The Highway Code is being criticised by cycling organisation to be updated to reflect the dangers and a petition has been set up.
British Cycling Federation have said that there are 14 conflicting rules to consider for cyclists and motorist alike when it comest to rights of way at road junctions.
Dangerous Common Risk
British Cycling have said that the most common dangerous manoeuvre was passing too close to the cyclist by a motorist. It was recorded over 130 times a year and where a vehicle pulling out in front of a bike 70 times.
Contact the Cycling Accident Solicitors
If you have been involved in an accident causing injury or are a family member or friend who has lost a loved one please contact us for legal advice and support. No matter how small the question on blame, liability, compensation or simply what to do we can point you in the right direction or help you submit a claim.
Our Friendly Team Can Help
We will not share your data with any third parties or affiliates.