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Child Injury – Fatal Accident Claims – (Dependency)
A fatal accident which involves a child or children and or the parents of a child or children can lead to complex and demanding legal issues. As specialist child accident and injury solicitors we appreciate that no compensation can replace the untimely death of a child or parent of a child. Every death is a an enormous loss and as accident solicitors we will ensure that each case will be treated sympathetically.
What Can Be Claimed?
The Fatal Accident Act 1976 provides an independent accident compensation claim for near relatives of the deceased who were dependent upon the deceased. It is a claim for compensation not for the deceased but for the deceased’s family after death.
To be awarded compensation following a fatal accident the dependants would have to show that had the deceased survived from his injuries, he would have been able to recover compensation in his own right. If his claim would have inevitably then no claim can be found.
Only the wife or husband of the deceased can claim, and, where the deceased was a child (under the age of 18 years) who was never married, for the benefit of his parents, if he was legitimate and of his mother if he was illegitimate. Award has increased from £3,500 to £7,500 after 1 April 1991 and from 1 April 2002 £10,000. Interest can also be claimed in respect of a fatal accident case on the award running from the date of death.
The 3 Stage Test – Fatal Accident Injury Compensation
Assessment of a fatal accident award can be very complicated which is why expert child accident and injury solicitors should be instructed. Simply put, the child accident solicitors will assess the fatal injury claim under a 3 stage test:
1 The fatal accident child solicitors will need establish the earnings of the deceased, less living expenses – this provides the court’s the annual dependency or what is called the “multiplicand”;
2 The multiplicand is then multiplied by the number of years purchase, the “multiplier”
3 The resultant figure is then subject to the element of reasonable future probability which is reflected in the multiplier in 2 above.
Under a Fatal Accident Act the death of a child’s or children’s parent following a fatal accident will usually be assessed with the surviving parent’s claim but there can be occasions where separate assessments of the child’s claim is desirable. As the fact of remarriage does not appear to be relevant consideration.
See our specialist Fatal Accident Solicitors web site for Adults and Children