Following the tragic death of her 27-year-old son in a road traffic collision, Mrs L was not only grieving but also trying to cope with the loss of the practical support that he provided to her on a day-to-day basis.
Mrs L’s family recently received a six-figure settlement which included awards for many of the things he did: services such as cooking and food preparation as well as outside jobs including landscaping, chopping wood, clearing paths and tidying.
Statistics on Fatal Accidents
It is estimated that there were 1,645 fatal road traffic collisions and a further 138 fatal workplace accidents in 2023/24 in Great Britain. Furthermore, while the most up to date information is not widely published, a freedom of information response provided by NHS resolution confirmed that for the 2020/21 financial year, the NHS paid out more than £76,000,000 in compensation for claims arising from medical negligence that sadly resulted in a patient’s death.
Families may look to obtain compensation if a loved one dies as a result of someone else’s negligence. In many cases they can expect a statutory bereavement award and reimbursement of expenses related to the funeral. However, awards can also be made for loss of dependency.
What is a Dependency Claim?
The Fatal Accidents Act 1976 allows family members to claim “damages” (compensation) if they were dependants of the person who died.
To claim there must have been a reasonable reliance on the person who has died for direct financial support, or for “services”.
Those services can include everyday activities such as cleaning the house, cooking, child-care, transport, gardening, DIY and even general car maintenance. When the provider of those services tragically dies, family members are not only struggling with grief but also with the sudden need to replace those essential services. They may even need to pay for the service to be provided.
Consideration must also be given to potential that there would have been a future dependency such as the care of elderly parents.
Value of Dependency Claims
The value of a dependency claim is unique to each claim and its own facts. There is no specific amount that can be awarded however the amount should fairly reflect the loss that the defendant has suffered.
The value of a dependency claim will also consider the earnings, pension and any other income and savings which the Deceased should have had if the accident did not occur.
Who are Classified as Dependents?
Dependents can include any of the following individuals:
- The spouse or civil partner
- Children
- Parents (including stepparents)
- Grandparents
- Brothers and sisters
- Aunts and uncles
- Couples who were not married but had lived together for at least 2 years are also recognised as dependants
Mrs L’s Story
Paul White, a Senior Associate at Wolferstans Solicitors represented Mrs L. Paul has 33 years of experience acting for the families of many victims who were killed at work, on the roads, or who were simply in the wrong place at the wrong moment. Paul was one of the first lawyers in the country to be awarded the prestigious APIL specialist accreditation in fatal accident work. He assists families from their initial dealings with the police and the Coroner, throughout the investigation and Inquest process, dealing with Insurance companies to secure compensation awards tailored to their unique losses. His expertise is recognised in the Legal 500.
Mrs L explained that she was supported throughout the process through the compassion and professionalism of our specialist team. Due to her legal team’s diligence and care, she was able to achieve a result which exceeded her expectations, particularly in helping with the funeral costs.
Throughout the claim, Mrs L was able to be reassured that the job’s once completed by her son, would still be able to be carried out due to the financial sum Wolferstans secured for her.
“I couldn’t fault the legal team. Would rate 5/5″.
How can Wolferstans Assist You?
At Wolferstans Solicitors, we understand that losing a loved one in a fatal accident is devastating. The emotional and practical impact can feel overwhelming. Our dedicated personal injury and medical negligence teams are here to guide you through the claims process with care and expertise, especially in the often-overlooked area of loss of services.
We are committed to ensuring your family’s loss is acknowledged and compensated.