Fatal Accident Claims – Battle for Justice

Fatal Accident Claims – Battle for Justice

Our fatal accident claim solicitor, Ronnie Hutcheon talks to us about recent events and his own quest for Justice for bereaved families who has lost a loved on due unlawful killing.

The Hillsbourgh Families fight for justice brings to light the determination of people when the system, the law, the Government, the Press, whichever way you put it, is fundamentally flawed. The old addage of ‘hope over fear‘ and ‘unity over division‘ springs to my mind of how the families stuck at it and got to the truth in the end.  I would not call the end result justice. In my mind it clearly was not the case. Just getting closer to the truth of what happened on that fateful day.

For me, specialising in fatal accident claims, the law clearly gets in the way of Justice.  At the outset I am often apologetic to families who have lost a loved one due to an unlawful killing. By ”ulawful killing’ I mean, the untimley death following a tragic road traffic accident or a fatal work related accident where the tragic death was due to someone’s negligence or carelessness. In road traffic cases often the Defendant will be charged with ‘death by dangerous driving‘ or ‘death by careless driving’.

Emotional Law – Unemotional Justice

When dealing with fatal accident claims, it is not easy as a solicitor.  To hear how a child has been killed and to investigate the devistating loss can be difficult but as a professional I have to stand back at times and not let the emotion take over.  If I did, I would not be doing my job. This is because Justice is unemotional.

“It is a numbers game to them.”

I have to fight against multi-national insurance companies (which I enjoy) who would rather pay more to their solicitors to defend the claim for compensation for a fatal accident than pay the family compensation. Why?  Simply put is it a numbers game to them.  If they pay ‘over the odds’, on one fatal accident case, this will create a precedent for other compensation claims which in the long run would mean they lose out.

I have to argue over the cost of funeral expenses, the amount paid by families over trinkets or ornaments to significant amounts of compensation for loss of dependency.  If there is a loss it shall be pursued. Without question, without fear or favour.

Equalifty of Arms = Equal Justice = 0

The procedural law says that both the Claimant and Defendant should be equal before the Courts, equal access to justice.  But that is not the case in today’s current climate.  The Conservative Government are clearly backing the large insurance companies and restricting access to the ordinary people to fight for their rights.  As alluded to above, insurance companies can spend an extortionate amount of money on one minor legal point, the value of which is important to the family but they are unable to fight it for fear of losing what they have.  Many occasions, particularly when dealing with fatal accident claims, the law often gets in the way of justice.

The structure of the law and the totally inadequate legal system to help bereaved families means that the starting point is to instruct a specialist solicitor in this area.  Not a solicitor who incidentally comes along with the odd claim compensation claim for a fatal accident.

The Fatal Accident Act 1976 is old and outdated. It is law passed by the Government that is passed down and interpreted by the Judges.  The judges cannot change the law, but they can tinker with it. But the end result, in every fatal accident claim, in my view there is continuing injustice.

Contact The Fatal Accident Claim Solicitors

My Firm will strive to help families through this difficult time, to be sympathetic to their needs but maintain that sharpness of mind and methodical ruthlessness against large insurance companies that is required to gain any sense of justice and obtain the best possible outcome that can be achieved in an inadequate legal system.

We are here to help you every step of the way.

Contact Fatal Accident Solicitors

 

Posted: May 17, 2016 at 8:18 am


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