FATAL ACCIDENT LAW NEEDS CHANGING NOW:
As fatal accident solicitors, we are often attacked by the media and now more by the Conservative Government about standing up for the rights of injured victims whether this be at work, on the road or out and about.
We tend to live in an age were privacy for celebrities are paramount (in some cases justified) and to compensation such important celebrities they are often awarded six figure sums to compensate them for “hurt feelings.” Fatal accident solicitor are not saying that such compensation figures are wrong, but the law is unjust when you compare such money awards to claims involving fatal accidents.
The case below is yet another fatal accident claim that illustrates how unjust and hurtful to the families it can be simply to make a claim for compensation. For more information and reading about the Fatal Accident Act 1976 – please visit our Fatal Accident Act 1976 Guide
Long Suffering Death Worth £85,000 to Widow
The law is an insult to victims and loved ones left behind when it comes to compensating those who need it most to carry on with their life. We all know money will never be enough following the death of a loved one, but the award by the Court which should reflect what is just and mirror our caring society is barbaric.
In this recent case, the Mr Thomas Mosson died, after a prolonged illness, of malignant mesothelioma contracted during the course of his employment. Anyone who knows about death following exposure to asbestos dust will know that it is a very painful and progressive death. In the case the following was said about the disease and how he suffered:
The chemotherapy was particularly unpleasant causing the deceased nausea, vomiting, fatigue, peripheral neuropathy and tinnitus. His condition steadily declined and he died on 19 January 2014. But for this illness it is said that he would have lived for a further 12 years.
Mr Steinberg, for the claimant, puts the effect of this illness in graphic terms in his skeleton argument. He says:
“This was a devastating illness – Mr Mosson suffered terribly – made exceptional by the unusually long period of suffering (i.e. 26 months).“
See full case Mosson v Spousal (London) Ltd
It is hard to believe in this so called “compensation culture” that Mr Thomas’ widow was only awarded £85,000. She suffered and her family seeing this once proud man decay and depreciate before her eyes and suffer beyond imagination. Just £85,000 how on earth is this justified?
Yes no amount of money can ever compensation, we get it, but to offer this amount is an insult and unjust. But it is happening every day in England and Wales. Large insurance companies are strong enough to lobby the Government and have deep pockets to defend and challenge fatal accident claims by some of the best Counsel and Magic Circle Solicitors in the business.
We do no live on a level playing field, with the Government now introducing fixed fees to Claimant’s solicitors and due to the cost cutting exercise, forcing the Claimant Solicitor to take up to 25% of the Compensation awarded.
So to add more insult to injury to the bereaved families going forward, the Claimant solicitors having won a hard fought fatal accident case, then have to bill the Widow and for services whereas before the Conservative Government changes in April 2013, the insurance company would have to pay the family’s legal costs.
If the death of this Mr Thomas’ case was brought after April 2013 the family may have to pay the following award. It cannot be emphasised enough that this money was for the pain and suffering for Mr Thomas’ widow (or his estate), but a quarter now has to go to the solicitors. It’s not right.
Here £84,000 – 25% (Solicitors Fees) = £21,250*
Widow Receives Only £63,750*
*If the case was brought after April 2013 when the Conservative Government attacked Claimant Solicitors Costs and thus were forced to charged injured clients 25% of their compensation. Please note by instructing R James Hutcheon Solicitors, our charging fees are currently capped at 12.5% not 25%.
Help Us Change The Law on Fatal Accidents
The starting point is signing our Government E-Petition on Bereavement Awards. If we obtain can change the law here, we will be on our way for a root and branch change.
Please sign the Petition now, thank you.
All at Fatal Accident Claim Solicitors.
The Bereavement Award
As fatal accident solicitor we have already set up a webpage to fight the injustice here and for more information on the inequities of the law for bereaved families please see our webpage ‘bereavement awards‘.