Claimant v ESAB Group (UK) Ltd

Decided 11 January 2002

Summary: Fatal accident, Dependency claims; loss of financial dependency, Fatal Accident Act, Personal Injury claims, Coroners Act, Inquest, verdict, fatal accident solicitors, personal injury, bereavement, loss of expectation of life, asbestos, mesothelioma

The claimant solicitors in this tragic fatal accident case acted on behalf of a widow claimed for compensation following fatal death of her husband from mesothelioma due to the exposure of asbestos dust at work. A dispute arose regarding the calculation of the compensation award. The widow claimed compensation award should allowed from the date of the trial but whereas the employers solicitors argued from the date of death.

The court awarded compensation to the widow’s solicitors applying a multiplier for pre trial loss and future loss under the Fatal Accident Act from the date of death not from the date of trial. There is dispute as to when the calculation should be made but the court was bound by precedent.

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Posted: July 23, 2008 at 9:21 am