Women and Children Win Case For Deceased..

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Quick fatal accident claim blog:

A woman, 33, sought damages under the Miscellaneous Provisions Act and the Fatal Accidents Act following her cohabitiant of two years was killed in a fatal road traffic accident. There were three children of the family, two of whom were natural children of the deceased, the third child, eldest, was not.

Due to the woman not being married to the deceased, she was not entitled to an award for bereavement damages under the Fatal Accidents Act.  The eldest child was entitled to loss of dependency claim being treated as a child of the family.

The woman appealed under both Acts, claiming it was discrimination against unmarried couples. It was submitted that there should not be discrimination between the three children, all three were regarded as part of the family.

A settlement was ultimately reached and the amount awarded to the woman included both the woman’s and the eldest child’s dependency. It was agreed that the woman’s dependency was for life, with the children’s being aged 16. The final settlement was agreed at £270,000 for property loss and bereavement damages, £70,000 for other ancillary matters, £10,000 interest and general damages £350,000.

Posted: December 4, 2013 at 9:00 am


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