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Veitch Penny - Personal Injury

Fatal Collisions PDF Print E-mail

Everyone's nightmare! We will support you with a full, comprehensive and professional service to guide the bereaved family through the intricacies of inquests, police courts, probate and intestacy and inheritance tax. We're here to help at this most difficult time.

A claim for compensation can be brought following a fatal accident by the deceased’s Estate on behalf of his family and financial dependants.

After establishing liability, different rules apply to the way this type of claim is valued. Veitch Penny's wealth of experience ensures that at a very difficult time, we respond to your needs professionally and efficiently. but most important of all, sensitively.

Our probate department works alongside our claims team to cut through the red tape and ensure you receive "rounded" advice. The estate can then claim:

Under the Law Reform (Miscellaneous Provisions) Act 1934

  • Compensation for the pain and suffering the deceased endured between the time of accident and subsequent death
  • The deceased’s loss of earnings until death and other financial losses
  • Funeral expenses

Under the Fatal Accidents Act 1976

  • Certain claimants, for example the deceased's spouse or long term partner should receive a fixed bereavement award which presently stands at £11,250. This sum is only paid once and is divided between those claimants who are eligible to receive it. Parents can claim the bereavement award if their child died before their 18th birthday.
  • Dependants who have suffered financially because of the death and who are reasonably likely to suffer financially in the future are entitled to seek compensation that reflects the loss of that financial support or the value of lost services.

Veitch Penny will investigate in detail the accident circumstances and can also arrange for attendance at an Inquest. We have many years experience of representing families who have lost loved ones in tragic circumstances and thus ease the stress and anxiety at such a difficult time. The rules and regulations applicable to fatal accidents are extremely complicated and best dealt with by a solicitor who has specialist experience in that area.

We represent the Administrators of a divorcee and his daughter who perished in an air accident. On that date they were parachutists (with others) being flown in a Cesna Plane from a local airport.

After becoming airborne the plane's initial climb was normal but shortly after take off the plane lost power whereupon it crashed through trees before landing in a field. Five of the passengars died, including the pilot.

We pursued a claim against the pilot and also against the parachute school pursuant to the Fatal Accidents Act 1976 and to the Law Reform (Miscellaneous Provisions) Act 1937.

It was necessary to commence County Court proceedings within 2 years rather than the standard 3 years bearing in mind this was an air accident. Although the Inquest had not yet been concluded, for the purposes of the civil proceedings both the Defendants admitted that they were in breach of duty to the deceased. 

A substantial claim was therefore pursued for loss of financial dependancy and for bereavement damages.

 

Did you know?

Road traffic was an estimated 1 percent higher compared with the period ending March 2006
 

Compensation Awards

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