Fatal Accident Claims – Family Support
All of us at fatal accident claims solicitors appreciate how difficult it is for the family members left behind following unlawful killing of a loved one to find help and support. Some factors that family members have to consider is who is entitled to bring an action against the person or persons who caused the accident or incident.
Say for instance, there is the a typical family of today, a single parent, married but now separated from the father living with another and there are children to the first relationship and the second relationship. Who then is entitled to claim? Who is responsible for the burial? Who is entitled to the deceased’s personal belongings?
Share Is The Answer
In the above arrangement, in this instance, the common factor is that the father has died due to a fatal road accident claim for example. He has left children under 18 to his wife, he has separated from her but not actually divorced. He pays her some maintenance but now lives with another person who also has a child to him under 18 years of age.
The question who is entitled to claim compensation for the fatal road accident? The answer will probably be all. As the deceased is still married the wife has a legal right to claim for dependency. She can show that she was receiving some money from the deceased prior to death and as a result she and her children will be entitled to claim.
In addition, the partner at the time of death can claim compensation for herself, only if she can prove they were living together as ‘husband and wife’ for a period of two years immediately prior to the unlawful killing in a road traffic accident or as the ease may be. In addition his partner’s child may also claim for dependency and any child to her (not his biological child) may claim for dependency providing he treated the child as his own.
There is only one pot of money can can be claimed for dependency and that is the deceased own earnings. The amount will be divided between all the dependents further details can be found on this website fatal accident claims and dependency awards.
Compensation for Fatal Accident Claims
If you are a family member, unsure of what to do, or seeking advice on behalf of a loved one who you think is entitled to claim compensation for a fatal accident on the road, at work or due to a criminal act please contact us. No matter what the query we are here to help you with our free family support service. We work under a no win no fee solicitor service so you have nothing to worry about by seeking advice.
Posted: May 24, 2016 at 12:31 pm