Category Archives: fatal injury claims

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.

 

Car Insurers Hike Up Premiums by One Call

Road Traffic AccidentIf you have been involved in fatal car accident or non fatal accident you must report the accident to your insurance company.  Failure to do so may result in you not being covered for the accident claim.

The reason why it is important is because your insurance company need to find out what has happened and protect your position on liability. Put it another way, they will need to ensure the reduce their compensation payout to another party.

What If the Non Fatal Accident Was Not Your Fault?

If it was not your fault there is a report in a national newspaper to suggest that if it was not your fault, or you simply wanted to report a problem and call up your insurance company and never made a non fatal accident claims then your insurance premium may still rise.

Fatal Accident ClaimsAll insurance companies are now linked to a central database called the CUE (Claims and Underwriting Exchange) when they consider what your premium insurance will be when it comes up to a renewal.

If there are any calls logged for road traffic car accidents, claims against your home insurance policy or a personal injury claim, they will take this information into account.

It appears that it matter not about fault it will simply be a flag of on the system which may trigger a higher premium.

 

 

Fatal Injury ClaimsShould You Make That Call To Your Insurer?

The small print is yes otherwise you could face a bigger problem where you insurer could avoid liability for any claim being make against you.

Social Media The New Church

The Church is often what we use to for family and friend to get together on important stages in our lives:

  1. Christenings
  2. Marriage
  3. Deaths

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.

Criminal Injuries – Fatal Road Crash

It is unfortunate that there are many senseless deaths and fatal car accidents on UK road due to the criminal acts of others. Usually young teenage or adult males.

Motor vehicles can easily be turned into weapons and cause carnage.  Young males still steel vehicles for ‘joy riding’ or used in the course of a criminal offence such as a get-away car at the scene of a crime.

Whatever the use, there is with regret victims who are present at the wrong place and time who ultimately and needlessly lose their life or suffer from serious injuries or life-changing injuries and are in the need of fatal accident compensation to help them recover and relieve the financial stress and burden of not having to work again.

Help is Available to Victims of Fatal Road Accidents

Those bereaved families who have lost a loved on due to crime or criminal activity can seek independent specialist advice from solicitors dedicated to help victims.

Notwithstanding the criminal often have no assets or money or insurance cover to sue for compensation, a claim can be made for criminal injuries compensation for the death of a loved one.  The scheme is designed to help bereaved families to claim compensation for a fatal accident claim where the death was caused due to a criminal activiity.

For more information on making a criminal injuries claim for compensation for the death of a loved one please click here: criminal injuries – compensation for death.

Sepsis in Fatal Accident Claims

Sepsis in Fatal Accident Claims

In our earlier blog on fatal accident claims following contracting sepsis we discussed a query our fatal accident solicitors had considered regarding liability of one or more of the following:

  • dog owner – failure to control his dog causing death
  • employer – fatal accident at work
  • medical negligence – fatal injury – failing to spot sepsis
Fatal Accidents Claims - The Law
Fatal accident claims – what are the rules?

Who is liable?

It will be recalled that in this fatal accident claims the deceased was employed as a carer who went to patients own homes to look after them.  The employer knew that the person being cared for had a dog that was prone to bite and failed to warn the employee (who had not attended the premises before) and failed to put in place sufficient warnings and safeguards to protect its employee.

The carer, unfortunately was bitten by the dog and he contracted sepsis and shortly afterwards died of the infection.

As the dog owner had not assets, money or insurance cover, he was not worth taking any legal action for a fatal accident compensation claim.  Fatal accident solicitor will have to consider taking action against the employer and or sue the NHS for medical negligence for failing to spot the signs of sepsis.

Treat Sepsis Patients Within The Hour

In a recent article it is now noted by the health secretary that sepsis patients should be treated within the hour. Jeremy Hunt as gone on record saying:

“Every death from sepsis is a tragedy, yet too often warning signs are missed..’

The most typical of warning signs are:

  • high heart rate
  • signs of a rash

Fatal Accident Claims Advice

Please contact us if you require any advice or assistance following the loss of a loved one due to a fatal accident claim.  We are here to help you every step of the way.  As fatal accident solicitors we will sympathetically handle your case, discussing your options and advising you through the complex legal paper-work and procedures.

Risking Lives With Tyre Pressures Readings

A surprising finding in November 2016 has revealed that thousands of car users may be driving a vehicle that is unfit and dangerous on the road which may result in serious – life changing injuries or fatal road accident claims.

‘FOUR OUT OF 10 CARS HAVE AT LEAST ONE DANGEROUSLY UNDER-INFLATED TYRE”

This is due to under-inflated tyre pressures which may not revealed on the vehicles’  warning system to alert the driver of low and dangerous tyre pressures.

Vehicles In Laboratories Past The Tyre Pressures Tests

Whilst the computer tyre pressure systems passed the tests in laboratories on the road this appeared to be different.  A VW Golf failed to detect under-inflated tyres in 14 out of 16 real-world tests.

A Fiat 500L was reported to fail all 16 tests according to research by an Independent Company commissioned by the campaign group Transport & Environment (T&E).

Legal Requirement for Tyre Pressure Systems in Vehicles

All cars since 2014 have to be fitted with tyre pressure monitoring systems (TPMS) that pass official approved tests.  There are mainly two systems that are in use, where one TPMS will actively monitor each tyre where as others will, detect pressure changes by comparing the wheels rotational speed.  The latter are called indirect systems that are slightly cheaper than the former.

However T&E advise that the indirect TPMs systems may be unsafe and can lull the driver into a false sense of security.  No driver warning light on the dash board may about tyre pressures can lead the driver to think everything is okay with the tyres and not bother to do a least a visual inspection.

Fraud to Justify Large Motor Insurance Premiums

Motorists once again are taken for ‘fools’ in the belief that the motor insurance companies are going to pass down the money saved by the so called ‘compensation culture’ in road traffic accident claims.

For many years the legal industry has been lobbying the Conservative Government in particular with the result that solicitors dealing with whiplash injury claims, personal injury and fatal accident compensation claims have had the costs for dealing with victims slashed to unprecedented levels.

But have the insurance companies passed on these significant savings to the motorists?  It is doubtful.  I personally have not seen my premiums come down at all.

Abolish Whiplash Injury Compensation and Access to Justice

The Government influenced by the motor insurance injury are now proposing next year to deny victims of road traffic accidents the right to any compensation and restrict access to justice by making it no longer financially viable to instruct a personal injury solicitor all in the need to ‘crack down on fraud’ in motor accident claims.

However the evidence does not stack up.  It appears that a leading motorist solicitor Tom Jones is reported in The Times by saying that the costs of claims fell last year and was 30% lower than in 2010.

The motor industry is booming with healthy profits and cash reserves.

What About Fatal Road Accident Compensation?

If the savage Conservative cuts goes ahead as planned, claims involving death in road traffic accidents will not be affected.  However, says our Principal Solicitor, Ronnie Hutcheon.

“The English legal system with there is an unlawful killing at work or on our roads is so unjust to the victim and the family members left behind.  Harshly put, it is cheaper to kill than to injury.  The Fatal Accidents Act 1976 needs a drastic overhaull to compensate fairly the bereaved families.  Insurance companies are getting away with compensation murder.

 

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.

 

 

 

Man Charged With Death by Dangerous Driving

Death by careless driving is a common charge by the Police where a person has been or thought to have driving a motor vehicle in a way that may cause a fatal injury or an accident.

In one tragic case, a man from Portsmouth has been charged with suspicion of causing death by dangerous driving when after enquires and inspection of his vehicle a Ford Focus when a controlled drug was suspected to be over the prescribed limit.

In an article in referring to the fatal car accident there were tributes to the young former nursery worker who sadly lost her life in the fatal car accident.

It is reported that the ‘Vauxhall Corsa she had been driving home from work flipped on to its roof after leaving the carriageway hitting the central grass bank.’

‘Police say the male suspect is helping with their enquiries and there is no evidence to suggest at this stage that the two vehicles collided.’

Fatal Car Accidents

Unfortunate fatal car accidents are common on UK roads.  Whilst over recent years there has been a slight down turn in deaths on the road nevertheless it is still such a tragic statisic for each and every family affected by the untimely loss.

Any family member or concerned friend who requires some legal advice and assistance of what to do, how to obtain justice please contact us for advice and assistance.

 

Fines for Ignoring Road Signs

The Government are getting tough on drivers who fail to obey motorway road signs.  In particular the ‘X’ red crosses that advise of lane closures in order to limit fatal injury claim and accidents on UK roads.

Reduce Fatal Injury Claims & Accidents

In a move by the Department of Transport it is said that automated cameras could be installed to record motor vehicles who have failed to obey the road signs when viewed from the overhead gantries.

£1000 Fines If You Ignore Motorway Road Signs

A stick rather than a carrot approach is being mooted with a fine of up to £1,000 for drivers for the most serious offences. By ignoring traffic lights drivers can be given a fine of a £100 and 3 penalty points.

Getting the message across to help reduce fatal injury claims and accidents are a sign point for smart motorways where the regulation of traffic is seen as the way forward.  To force or encourage more drivers to obey and be aware of the dangers to help motorway traffic flow and reduce the number of fatal injury claims and accidents are seen the way forward.

This is particularly noticeable in smart motorways when there is a possible danger flash point when during busy times, the signals will be offered to motorists to use the hard shoulder.  There are concerns that this may cause fatal injuries or accidents on the smart motorways where are being build to help manage traffic flow.

Will this Reduce Fatal Injury Claims and Accidents?

Only time will tell.  Certainly the idea is there and may create better flow of traffic but motorists will have to get use to the signs and obey them.  The signs however have to be meaningful and time-sensitive.

By time-sensitive, we at fatal accident solicitor by our own experience in using motorways (like millions of others) have come across may motorways signs that bear no relevance to the traffic conditions they are currently faced with.  By this there are suggested maximum speed limitations when it is clear there is no obstruction or road traffic accident preventing the national speed limit.  The sign of fog on the road when is have been clear for miles upon miles on the motorway.

So by upgrading the smart motorways to help traffic management and reduce fatal injury claims and accidents, the signs to motorists must be clear and time-sensitive.