Fatal Accidents Claims – Unjust Results

Why The Law Is Unjust

The Fatal Accident Act 1976 main form of legislation that deals with what can be claimed following the tragic death of a loved one.  Most fatal accidents claims we deal with are from road traffic accidents (drivers and passengers) and fatal accidents at work claims.

The law is unjust in a number of ways.  If you read this website you will see many examples of unfair and unjust circumstances that illustrate that the law is bias against bereaved families and in favour of insurance companies.  The legal profession that acts for families who have lost a love one have to deal with the uncaring and outdated law as best as possible.  The only way the law can be changed is by the Government, not the Judges.  The Fatal Accidents Act 1976 is Government made law.  Judge’s cannot change it, they must apply it.

Recent Call – Desperate Advice Over A Fatal Accident

For obviously reasons we are unable to provide the actual facts of the case and names but to illustrate the point of an unjust law, fatal accident solicitors consider it is worth mentioning here.

The father of an adult son called to find out what he can do and how he can be involved in the case against the other driver who killed his son in a fatal road traffic accident.  He was separated from his partner at the time.  They were not on good terms.  The son lived with his mother and he was over 18 years of age.

The mother would not communicate with the father.  She did not want him to pay toward the funeral expenses.  She kept from him details of the coroner and information provided by the police.  He had to find information from other family members.

The mother of the deceased son was making a claim under the Fatal Accident Actd 1976 for compensation for her dead son.  The father did not consider making any claim as no amount of money would compensate but on second thoughts he considered that the driver who killed his son should be made to pay something (albeit via his insurance company).  The other driver will pay something in so far a a loss of liberty and fines for say a charge for death by careless driving or death by dangerous driving etc.

However the fatal injury claim solicitors discussed his compensation entitlement and the loss of live for his son was effectively worth £NOTHING.  The following was considered:

  • Adult Child was killed.  As his son was over 18 years of age, the law says that to a parent the loss of life is worth nothing because he was killed instantly.  Had he lived for a few hours or weeks his parents may be able to obtain a few hundred or a few thousand pounds.  Not a lot.  Really an insult to the parents.
  • As an adult child was killed, the parents do not even receive a pitiful bereavement award of £12,980.  An award to a son or daughter of a parent is only payable if their child is under 18 years of age.  If there are two parents then the award is shared.  The award itself is simply not enough to to compensate for the loss.  We appreciate that no amount of money will never be enough but surely it is worth more than this?  Celebrities are being paid over £200,000 for hurt feelings.  How can £12,980 be justified with these sums to celebrities?
  • The father was not financially dependent upon his son.  That is the son did not pay his father any money for his keep or pay his father anything.  Therefore no claim for dependency on his son can be claimed.
  • His mother paid for the late son’s funeral expenses so the father sustained no loss.  His mother however can reclaim the funeral expenses providing such expenses are deemed reasonable.
  • Thus, the total compensation for the life of his son £NOTHING.
  • His mother, to whom the son was living, may be able to claim a dependency award for a limited period if he was paying for his keep prior to death.  But fatal accident claim solicitors understand that this was not the case as he was not earning any money.
  • Total claim for the loss of their son £NOTHING.  They just were only able to reclaim the cost of the funeral expenses.

Posted: April 15, 2016 at 8:37 pm