What’s My Claim Worth have recently acted for the estate of a 21 year old lady was travelling along the main road when road when a car coming in the opposite direction collided head on with her vehicle.
Immediately following the accident, an ambulance was called and she was airlifted to hospital. At that time it was thought that her injuries had not been that serious and that she had been extremely lucky. She suffered a badly broken arm, a puncture wound to her leg caused by debris from her car and bruising to her chest.
The hospital discharged her the same day. Over the next seven days the Claimant who had been staying with her parents had been reporting severe back pain. She had returned to her local GP and had been examined by the nurse who advised her that the severe back pain she was suffering from had been symptoms of whiplash and not to worry about it. She was advised that she would “feel worse before she got better”.
Tragically, it transpired that the back pain was a symptom of the blood clot she had developed as a result of her injuries caused by the accident. Our client sadly passed away a week after the accident. The cause of death was recorded as being a pulmonary embolism.
We were instructed to pursue a fatal accidents claim on behalf of the estate.
The parents of the deceased had discussed the matter with their daughters insurers to see if they could pursue a claim but were told that the estate would be entitled to little or no money.
As our client was over 18 and had no husband or child, there was no entitlement to bereavement damages and her insurers had been right about that. A claim could be brought however for the pain and suffering experienced by our client’s daughter before she sadly died, but the damages for this would be insultingly low. We recovered approximately £8000 for the injury aspect of the claim. It was explained the our client’s that unfortunately the law in this area does need change and explained the reasoning to our clients as to why they had received what seemed like disgraceful award for the loss a young life.
The parents who were not in good health themselves, could however pursue what is called a dependency claim. Their daughter had played a vital role in caring for them before her death and it was assumed that she would have continued to offer some care had she not passed away. A claim for dependency was therefore brought together the cost of travel, funeral expenses, and the cost of legal fees in administering the estate and an award was agreed pre-proceedings in the sum of £27,500.
No amount of damages will compensate parents in these sad situations for the loss of a young life. All we can do in these situations is to offer parents support and empathy and the right advice so as to manage the parents expectation and prepare them for the reality that the law currently does not adequately compensate them for these situations.
Had the deceased been under 18, had a child or husband, then there would have been a statutory award of £11,800 for bereavement damages and in addition there would have been a greater dependency claim and a claim for loss of earnings, pension rights, childcare and household chores and much a higher figure for care could have been achieved.
If you have had a loved one taken away from you in an accident, you will need advice from a solicitor who specialises in these sorts of claims to ensure that the maximum compensation is recovered on your behalf.
If you were financially dependent on the deceased and you fall into one of the following categories we can help you:
- a spouse or a former spouse
- a civil partner or former civil partner
- a cohabitee if you have been living as man and wife for over two years,
- a parent or ascendant of the deceased
- a child or other descendant, or a child who may not be a blood relative but who was treated as a child of the family in relation to that marriage
- a person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased
If you are the spouse of the deceased or civil partner or the parents or mother of a child under 18 who sadly passed away you may be entitled to bereavement damages in the fixed sum of £11,800. A claim can in addition be brought for the pain and suffering suffered by the deceased leading up to their death.
Finally, if you witnessed the accident, in some circumstances, you can also make a separate claim in certain situations.
We can also assist you in representing your interests at an inquest.
If you need help in pursuing a fatal road accidents claim or fatal road accident compensation then contact our specialist on 0800 849 2220.
