Family Win Case Against NHS Trust
Quick fatal accident claim blog:
A judge correctly considered that following the death of a successful family business man his wife and children qualified as dependants under the Fatal Accidents Act. The claimant, his wife, appealed for damages and interest loss following the fatal accident caused by an NHS Trust ambulance which collided with him. The NHS Trust admitted liability.
The deceased had established a successful family business in which his wife, the claimant, and their two eldest children were involved. He was described as a ‘wealth creator’ by the judge leading to a conclusion that the family run business was driven by the deceased, therefor leaving his wife and children as dependant awarding them £1.7million.
However, issues were submitted by the NHS Trust that the judge had failed to deal with the main issue assuming there was dependency when in fact, there was none and that the family business was at least as well off after the death than before as the family business had continued to provide a similar if not larger amount. In response, the judge argued that quite clearly the children and wife of the deceased were dependant and that the value awarded was assessed on a global basis of the deceased labour. The judge was seen to be right to use this method of valuation.
Posted: November 30, 2013 at 9:00 am