Husband & Children
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Married man with two children
As child accident solicitors and child injury solicitors we have to assess the calculation under the Fatal Accident Act for a dependency claim here will be apportioned as:
- 75% of net earnings (or put it in another way, deductions represent 25% of net earnings where children are involved.
- The items of joint expenditure such as rent and utility bills would not significantly increase with the family unit and therefore will remain at about 33% of net earnings.
- For a lost years claim, one-quarter (ie family of four) of the joint expenditure is to be added to living expenses solely attributable to the victim, say 8%. The resulting deduction for living expenses would be 25% + 8% ie 33% off the net earnings.
A Claim on Behalf of The Estate of the Deceased
Child injuries and child accident solicitors will advise the “estate” of the deceased about makine a compenstion claim. Usually following a child or adult fatal accident injury claim, the estate will involve those persons (usually close family members child, children, huband, wife) who would be entitiled to the deceased’s assets on death. The law governs entitlement by reference to the wishes in the deceased Will or if there is no will, on the rules of intestacy or what is commonly known as “next of kin.”
The “estate” can claim the following compensation in the event of a fatal accident – 1. financial loss suffered before death; 2. Cost of voluntary care of wife’s services; 3. Pain and suffering of the deceased; 4. Funeral expenses.
Further Reading
See our specialist Fatal Accident Solicitors web site for Adults and Children
