Fatal road traffic accident – living together

Summary: Fatal road traffic accident solicitors, Dependency claims; loss of financial dependency, Fatal Accident Act, Personal Injury claims, Coroners Act, Inquest, verdict, negligence, road traffic accident, deceased not married, fatal accident solicitors, personal injury.

FATAL ROAD TRAFFIC ACCIDENT SOLICITORS – DEPENDENCY CLAIM
The fatal accident solicitors in this tragic fatal accident case appealed against the lower court’s decision that she was not entitled to a dependency award following the fatal accident of her partner because she was determined not to have lived with him for a period of 2 years as his wife immediately before the fatal accident. The deceased was killed in a road traffic accident in March 2000. The judge found that the parties were not living together as man and wife since March 1998.

On appeal the higher court found that the judge was entitled to find that the condition of entitlement under the Fatal Accident Act for dependency since March 1998 was not satisfied and was only entitled later when she became pregnant. By that time she was not determined to have been living with the deceased following the fatal accident for a period of two years and thus the claim failed. There was a distinction between “wanting” and “intending” to live in the same household. Simply sharing expenses in the household was not sufficient. On the facts of the case she failed.

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Posted: October 3, 2013 at 4:26 pm


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