Child Accident Dependency
As child accident solicitors the calculation of compensation for dependency is not limited to the partner or children of the deceased. Parents can also be dependent upon a child. However this is quite rare. An example is a child star who earns a good income. Parents may also be financially dependent upon an adult child who has contributed to the maintenance of his parents. When calculating the multiplier, the principal factor is the expected remarriage of the child. The rationale is that on remarriage the contribution will cease or be reduced.
The parents of an infant child in a fatal accident claim will have a claim for bereavement.
Apportionment Between Dependants
Child accident solicitors and child injury solicitors will, if there is more than one dependent, apportion the compensation payment under the Fatal Accident Act between them. There is no authority for apportionment in a child or adult fatal accident injury claim. In a widow’s claim, the award is a greater part of the total compensation on the assumption that she will maintain the child or children as long as they are dependent upon her and to award comparatively small sums to the child or children themselves. Usually a younger child is awarded more than the older child because the period of expected dependency is greater.
The court will also take into account in a child or adult fatal accident claim, the fact that deceased parents, but for their death, may have had further children thereby reducing the amount apportioned to the existing dependants at the time of death.
See our specialist Fatal Accident Solicitors web site for Adults and Children