We go to work expecting that the laws are there to protect employees. There are various Health and Safety Laws to provide that protection but sadly, all too often they are ignored.
In this tragic accident a man had drowned when he was sent by his employer to collect golf balls from the bottom of a lake.
The employee has available to him a garden hose attached to a compressor as breathing apparatus.
The deceased had learning difficulties, he was weighed down by a diving belt and a bag of golf balls.
His employer was in fact his friend and he was jailed for manslaughter.
Fatal Accident At Work
It is reported that he had breached at least 16 health and safety regulations. Neither the deceased nor his employer had any diving experience. The employer decided he would use his childhood friend to collect the golf balls after he realised the true expense of collecting them if using a professional diver.
A very sad but quite unusual case as here the employer and deceased where childhood friends. Nevertheless the consequences are tragic and various protection laws were broken.
If you have been affected by this case and require help or assistance please contact us.
In our mind the punishment for causing death by dangerous driving are totally inadequate. The maximum punishment is 14 years in prison. Most serve less than 5 years.
If the punishment against the driver is not sufficient, bereaved families are further met with an insulting legal system where compensation is of limited or no use especially when it comes to losing children.
Yes compensation is not everything, it will never be enough for a loss of a loved one but the compensation for a fatal accident claim for causing death by dangerous driving can help with financial pressures following the death of a loved one. Often even if it is not the bread-winner who has died, some bereaved family members cannot go back to work for a long time. The bills don’t stop coming in. They need to be paid from somewhere.
If you have been affected please contact us for sympathetic expert legal advice.
The importance of contracting sepsis has taken a new twist when the Health Secretary in the Times on 11 March 2017 has advised that anyone who has contracted the infection should be treated within the hour. The guidelines take on board the little know dangers of the infection that can lead to death.
However failing to spot the signs of the infection can lead to fatal accident claims against the NHS for medical negligence or against others who may be liable for instance sepsis contracted during the course of your work – fatal accident at work claims or a recent blog we discussed where a dog owner caused or allowed his dog to bite a carer who contracted sepsis and subsequently died.
Sepsis Patients to be Treated Within the Hour
The Health Secretary has now advised that sepsis patients must be treated within the hour.
What is Sepis?
Sepsis occurs when the body’s immune system goes into over-drive as it tries to fight the infection that damages tissue and interferes with the blood flow. Patients can die if the infection is not treated early. We have seen in recent blogs by the fatal accident solicitors that in some cases the bereaved family may have a legal right to claim compensation for fatal accident claims should there be a fault on behalf of the employer and/or person who caused the infection.
Further, if the sepsis is not treated quickly by the NHS doctors or at all, a clinical negligence claim may also be made.
What are the Signs of Sepsis?
According to Health Line the following are the signs of sepsis infection:
patches of discolored skin.
changes in mental ability.
low platelet (blood clotting cells) count.
abnormal heart functions.
chills due to fall in body temperature.
A recent study has estimated that there are 260,000 people in the UK would develop the condition annually.
Affected By This Story?
If you wish to seek advice or legal support please contact the fatal accident solicitors as soon as possible. There is a limited period of time to make a claim and whilst it is a difficult time there is a lot we can do to help bereaved families to help get to the truth of what happened and seek some form of justice to what has tragically happened.
medical negligence – fatal injury – failing to spot sepsis
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.
It is reported by the DfT that in 2015 there were over 1700 deaths on the roads and over 22,000 people seriously injured.
One of the roads it has planned is for the A32 through Hampshire which has recorded 33 fatal road accident claims and serious injuries. Also there is a stretch of road that is 12 miles long the A285 through South Downs which has 23 major accidents and was named the UK’s highest risk.
Other roads that include fatal car accident claims and life changing injuries that have been targeted is the A588 between Lancaster and Blackpool were there were 28 serious car crashes in 2 years.
In addition to speed cameras other road calming methods are being considered by Councils such as anti-skid treatments and rumble strips to slow down cars.
A spokesperson from the RAC welcomed the initiatives advising that the number of fatal road accident claims have come down but at recent times has remained at 1750 over recent years.
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.“
‘Help when you need it most‘ are heart felt words that are more apt when it comes to losing a loved on due to an ‘fatal accident’. We use the word ‘accident’ because in some tragic cases this can include actions that are reckless rather than careless or due to ignorance.
Here a fatal road accident is caused by more than a momentary lapse of concentration on the road, it is more than that. That difference it total devastation for the family who have lost a loved one from an emotional also also financial.
Fatal Accident Solicitors – Free Family Support
Nothing can change what has happened but we would all give everything we have to change it. But life has to go on and we are here to help bereaved families to find justice and to obtain some financial stability.
We will help the family by investigating the cause of the fatal accident claim by seeking up to date developments with the police who are empowered to establish if any law has been breached and to provide the necessary evidence to the Crown Prosecution Service (CPS) who will make a decision if a criminal charge can be made against the driver for causing death by dangerous driving.
Fatal Accident At Work?
If an fatal accident at work has happened then the Health and Safety Executive will be empowered to investigate and has the power to prosecute employers if they fail in their duty to provide a safe place and safe system of work.
Again as fatal accident solicitor we will liaise with the Health and Safety Executive and if there is evidence that the employer has fallen short if its duty of care, take necessary court action to include a claim for fatal accident compensation.
Further Reading from Fatal Accident Solicitors
This website is dedicated to helping families who have lost a loved one in due to a fatal accident either on the road, at work or somewhere else. No matter, how, why or where please get in touch with us as we will do everything we can to help you. Our advice will be under a No Win, No Fee, No Worry Solicitor Service.
There are many pages and posts on our fatal accident solicitors website that provide useful information to family members and friend of loved ones who have tragically lost their life to to an accident.
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.
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.
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.
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