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ROAD TRAFFIC ACCIDENT

Fatal accident with dependency claims

Fatal road traffic accident claim for three young children

Our client’s wife was tragically killed in a road traffic accident, leaving behind three young children. Our specialists pursued a claim on behalf of the children for the loss of their mother’s care and financial support, securing a six-figure settlement.

Case summary

  • Our client’s wife was killed in a road traffic accident.
  • The couple’s youngest child was also injured in the collision.
  • A claim was made under the Fatal Accidents Act 1976 for the children’s loss of their mother’s care and financial support.
  • The claim settled for a six-figure sum, with the damages paid into the Court Funds Office for the children.

A fatal road traffic accident with devastating consequences

At the time of the accident, our client was separated from his wife. She was living with her new partner and her three children.

Her partner was driving the car when he drove too fast, lost control and collided with a tree. Our client’s wife was killed at the scene.

The accident left three young children without their mother. It also resulted in injuries to the youngest child, adding another serious consequence for the family.

The youngest child was also injured in the collision

Our client’s youngest child suffered a fracture to her left humerus, an injury to her left little finger and lacerations to her arms and legs. She also experienced severe psychological disturbance following the collision.

These injuries formed part of the circumstances our specialists had to consider alongside the fatal accident and the children’s loss of their mother.

Complex circumstances surrounding the claim

The circumstances of the accident created a number of technical difficulties.

The driver was not insured. However, our client’s wife had given him permission to drive her vehicle. This meant the claim involved issues beyond establishing how the collision had happened.

Our specialists had to consider these circumstances while pursuing the claim arising from the children’s loss.

Pursuing dependency claims for the children

Our specialists made a claim under the Fatal Accidents Act 1976 on behalf of the children.

The claim included the loss of their mother’s services as a carer. It also sought damages for the children’s loss of financial dependency on their mother’s income.

Both elements reflected forms of support the children had lost as a direct result of their mother’s death.

Recognising the loss of their mother’s care and financial support

A fatal accident can leave children facing losses that extend beyond the immediate bereavement. In this case, the claim specifically addressed the care their mother would have provided and their financial dependency on her income.

Our specialists pursued these losses as part of what the original case study describes as a complex claim involving many technical difficulties.

A six-figure settlement for the children

The claim ultimately settled for a six-figure sum.

The damages were paid into the Court Funds Office. Each child’s damages were to be released when they reached adulthood.

The settlement provided compensation for the dependency losses claimed following their mother’s death, including the loss of her care and financial support.

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