Fatal Accident Claim – Knowledge of loss of life = £0

Fatal Accident Claim – Knowledge of loss of life = £0

Keywords: Fatal accident claims, compensation, loss of expectation of life, mental anguish, Kadir v Mistry [2014] EWCA Civ 1177, fatal injury claims, medical negligence, late diagnosis of cancer.

The Courts are ‘chipping away’ at the injustice of compensation awards following a fatal accident claim where a person or shall we put it in a more personal way, your Spouse, Partner, Child, Mother, Father, Brother or Sister is unlawfully killed at work or in a road traffic accident for instance.

The case of Kaidir v Mistry decided in 2014 by the Court of Appeal, the second senior court in England and Wales, no less.  In this tragic case a the Claimant’s case was founded on the negligent late diagnosis of stomach cancer.  She was only 32 years of age with 4 young children.  The cancer was terminal and even if spotted in time, it would not have prevented her from dying.

Fatal accident claims - sitting on hill

Spotted Cancer In Time – She Would have Lived for about 2 years longer

The evidence in the case was that had the correct treatment been underway at the right time, she would have underwent extensive intrusive treatment, in other words pain and suffering.

Therefore the fatal accident claim solicitors in this case tried to claim compensation for her and her family for her suffering due to the late diagnosis.  However the Defendant insurance company solicitors argued successfully that she would have experienced pain and suffering in any event due to her terminal cancer.

The Court of Appeal agreed with the Defendant Insurance legal advisers.  It will take into account any pain and suffering she was would have suffered without the Defendant’s negligence. The pain and suffering was no different in a fatal accident claim than where a person sustained injury that is not life-threatening, the Judges rejecting a “conceptually different’ argument put forward by the deceased Claimant solicitors.

So What Can Be Claimed – Life is Worth £Nothing In England & Wales?

Well here, Court of Appeal has stated that the Government has prevented any compensation to the unlawful killing to the deceased if the deceased did not die immediately but at a later time, say weeks or months later.

Here if the deceased was aware that the fatal injury would curtain his or her life, not matter how upset that may be, NO FATAL INJURY COMPENSATION is payable thanks to Government Law found under the Administration of Justice Act 1982 (the 1982 Act)

‘THE LAW IS UNJUST, UNFAIR

AND MUST BE CHANGED.

The Act does have an exemption as referred to by Lord Justice Laws, where he said:-

“if the injured person’s expectation of life has been reduced by the injuries, the court, in assessing damages in respect of pain and suffering caused by the injuries, shall take account of any suffering caused or likely to be caused to him by awareness that his expectation of life has been so reduced.”

In this case the Court, as the fatal accident solicitors have said earlier in this Article, the Court’s are ‘chipping away’ at a unfair legal precedent that stops bereaved families being compensated fairly.  Here the Judge advised that the claimant did suffer by her awareness that her life was cut horribly short.  She had four young children.  The Defendant insurance company tried to stop an award but they lost.

The Judge found that for her ‘mental anguish’ of knowing her life was cut short in her prime at the age of only 32 years and with 4 young children awarded what is considered an nominal amount but a step forward.  The Courts awarded the grand sum of £3,500.  Yes just:

“THREE THOUSAND FIVE HUNDRED POUNDS”

Such a petty amount anyone who is aware their life will be cut short by some 40 years or more.  Compare this to Celebrities who have been awarded six figure sums for ‘hurt feelings.’  It is unjust.  Please help change the law so that a bereavement award can compensation families who have lost a loved one.

The Fatal Accidents Act 1976 does not help and neither does the The Law Reform (Miscellaneous Provisions) Act 1934

Contact the Fatal Accident Claims Solicitors

Please if your family or you know someone who needs advice or assistance please contact the fatal accident compensation solicitors for specialist advise and help under our no win no fee solicitors service.

Contact Fatal Accident Solicitors

 

Posted: April 30, 2016 at 10:03 pm


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