Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Any legals? DH Fatal accident?

93 replies

BringMeSunshine48 · 10/01/2024 09:20

In 2004 my DH was killed in an aviation accident whilst working. He was co pilot. The accident was the fault of the Pilot in control. He also died.

It happened in USA. (We were out there for DH work)

I received a small payout from the company of around 10k.

I struggled as a widow financially for years after.

Recently, people have asked why I didn't claim for compensation. It's obviously too late now I guess, but the company is still operational.

I was in my 20's at the time and in a complete mess as my world imploded around me. Nobody even mentioned this was an option and I wasn't aware at the time.

Should I have received compensation more than I received?

It would have hugely helped me over the years as when I returned to the UK as I had to get a job very quickly and try and run our home alone/buy a car etc.

It's all too late now, and irrelevant, but it has left me wondering if I should have received more than I did. Does anyone else know?

OP posts:
Lucky2shoes · 10/01/2024 12:04

10k seems far too low and I'm sorry you lost your husband like that.
I'd advise you see a solicitor.
Good luck to you.

Astonetogo · 10/01/2024 11:58

I don’t know whether you could have got more, but undoubtably you would have had to fight for it. Thinking back to that time, is a legal battle something that you would have pursued, even if you had known it could be an option? Were you in a state to put yourself through that?

The past is in the past OP, and as PP said - you did the best you could at the time. There’s no point what-iffing about any of it.

I’m sorry for what you went through x

Heather37231 · 10/01/2024 11:52

MsFogi · 10/01/2024 11:44

I don't think you should waste your money paying an English Solicitor OP. I think that you should contact a few no win no fee law firms in the relevant state in the US (ideally that specialise in litigation) and see if they think that they can help you given the number of years elapsed.

Many English firms have relationships with firms in the United States and are very used to teaming up with them in matters like this. For a British national based in the UK it can be invaluable to have a local firm managing the process rather than jumping straight into the Wild West of the US plaintiff bar.

MsFogi · 10/01/2024 11:44

I don't think you should waste your money paying an English Solicitor OP. I think that you should contact a few no win no fee law firms in the relevant state in the US (ideally that specialise in litigation) and see if they think that they can help you given the number of years elapsed.

Bookworm1111 · 10/01/2024 11:28

BringMeSunshine48 · 10/01/2024 09:49

Also, it's doubtful I would receive anything 20 years later and so will probably just leave it now, but I've always wondered if I handled it wrong and should have sought legal advice back then 😏

Who was the settlement from? The company your husband worked for, or the pilot's estate? If it's the former, you might have a case to show that you were pressured into accepting a settlement and denied legal counsel. If it's the latter - which I assume it would have been, if he was to blame – chances are when you signed the settlement contract you relinquished the right for further legal action.

Either way, you need proper legal advice from a US-based attorney.

The lawyer who represented the British family in the helicopter crash is an aviation expert. Maybe worth sending an email?

https://www.robbrobb.com/gary-c-robb

CoffeeMachineNewbie · 10/01/2024 11:17

Sorry for your loss.

Id also advise a solicitor, if for no other reason than to seek closure on the question so you dont revisit it every so often.

oakleaffy · 10/01/2024 11:13

@BringMeSunshine48 That must have been such a traumatic time for you and your first Husband’s family, £10k is really nothing for the loss of a young man.

A person in UK had a colossal payout over the loss of a baby - millions - due to medical negligence
But they had a specialist lawyer on their case.

It does seem very arbitrary how compensation is given out.

So sorry for your Loss , Op

Heather37231 · 10/01/2024 11:12

I will send you a direct message.

Sunflower8848 · 10/01/2024 11:00

You would have to contact a legal in America. You could try one of those “no win, no fee” places. Just Google the state that the accident occurred in for legal firms.

BringMeSunshine48 · 10/01/2024 10:55

StandByMode · 10/01/2024 09:58

Alternatively you can say that it was a terrible time, and you did the best that you could with the knowledge that you had then. And feel compassion to your younger self who dealt with something so awful, sadness for the loss of someone so special to you, and pride at your resilience..

Thankyou ☺️
We never think we would be able to cope with these types of things- but somehow, we do. It's a neverending process and it never goes away. It sort of becomes part of the fabric of your very self. But, it's true what we hear, you do learn to live with it. Some days you feel very sad, others are fabulous and you're grateful for your own life and don't ever take living and breathing for granted 🥰

OP posts:
FrankieStein403 · 10/01/2024 10:49

An aircraft incident in the US that resulted in injury or death would have been subject to an NTSB enquiry and a public report.

You say the pic was responsible - so I guess the payment was after the NTSB report stated that. If it was before the report then you could not have been in a position to accept compensation because you were not in possession of the facts.

IANAL but unless there was some provable coercion limitation statutes probably apply.

SparklyIron · 10/01/2024 10:48

You went through an awful ordeal OP - you had a huge shock when you were very young and in a different country and lost the love of your life totally unexpectedly.
As PP have said - this is likely to be part of the ongoing grieving process- still thinking about the only aspect that you potentially could have done differently. I’d speak to a legal professional if you can, but most of all - PLEASE BE NICE TO YOURSELF! You survived one of the worst experiences a person can ever have. You did amazingly. Hugs. x

pontipinemum · 10/01/2024 10:43

I don't know about compensation, 10k seems very measly. It does seem a long time ago. But if it crops up into you mind every so often maybe do speak to an American lawyer about it. At least if there is nothing to be done you will know.

I am so very sorry for what must have been a very traumatic loss x

Verbena17 · 10/01/2024 10:43

There would have been an investigation by the equivalent Aviation Authority in the US. The CAA here if a civilian company would investigate and the MAA if military. In the US they will have that same system.

You can ask to look at the outcome of the investigation and then with a lawyer go from there.
I think the company took advantage of you and quickly tried to cover it up.

If I was currently in your same position I would definitely try to find out what happened and get compensation.

Oopsididitagaintomorrow · 10/01/2024 10:39

Hi @BringMeSunshine48 as the accident happened in the US, any claim would need to be brought in the State where it happened. You would be better placed speaking to a US lawyer from that particular state as they will know the law better. UK law is vastly different to US law.
I am so sorry to hear about the accident and the loss of your husband x

TinPotAlley · 10/01/2024 10:38

No expert, but I'd find a lawyer through the Law Society who deals with claims like this and have an initial chat.

It's going to be very hard as it was in the US and you ay have signed something to say you accept the payment.

For the poster who asked if he had life insurance, that's a bit insulting.
Someone in their 20s is unlikely to have built up much of a pot.

He may have got death in service payments. Some companies pay 4 x an annual salary for death in service (not linked in any way to accidents at work.)

baileybrosbuildingandloan · 10/01/2024 10:31

Gently asked; Did he not have Life Insurance?

DinoRodney · 10/01/2024 10:26

I also wanted to add, regardless of any statue of limitations and whether the company was liable, you went through a terrible time and rebuilt your life - you should be very proud of yourself for finding a future.

DinoRodney · 10/01/2024 10:24

Was it a crash at Jefferson City? If so I wonder if the pay out related to a death in service lump sum rather than compensation?

ColleenDonaghy · 10/01/2024 10:24

I'm so sorry OP. @StandByMode 's post is beautiful, you really should be very proud of yourself for keeping going at such an awful time.

It may help you to speak to a lawyer in the relevant state. I'm guessing too long has passed but none of us can say that for sure. Perhaps knowing with certainty would be helpful.

Whatever the conclusion, please don't beat yourself up or think you did the "wrong" thing. A lengthy legal case was probably the last thing you needed at the time, and you probably needed to ration your emotional and mental reserves. There was no right or wrong way to do that, just right for you in that moment.

NeedToChangeName · 10/01/2024 10:18

mamacorn1 · 10/01/2024 09:33

Seek a solicitor, you need someone to look over your paperwork. I think it would depend on the company’s investigation of the incident to be honest. If it was human error - so to speak- the company are not likely to be liable as it’s not their fault that a worker ignored safety procedures. You’ll have to get legal advice OP.

@mamacorn1 employers are usually liable for negligence of employees. It's called vicarious liablility

But I agree with PP, when OP accepted £10,000, she almost certainly signed off any rights to make a further claim

But, if she wants to check, she needs advice from a US lawyer

Mummyoflittledragon · 10/01/2024 10:11

I am sorry you went through such a difficult time after the tragic death of your dh so young. You did the best you could under the circumstances. Idk if you mean an airline, if so, that sounds like a paltry amount. My dh was a senior manager at his former company and had a death in service policy of about 200k 20 years ago.

Alalain · 10/01/2024 10:09

There are US lawyers who deal specifically with aviation accidents and compensation, maybe try to find one and find out for sure from an expert in aviation law, if it is something you could still pursue.

peachgreen · 10/01/2024 10:08

I'm so sorry. I lost my DH (and DD's dad) young due to medical negligence and I didn't pursue compensation either. I think ruminating on it is a part of the grieving process which, as we know, never really ends. I've come to see it as just that, and just let the thoughts go when they come up rather than obsessing over it / beating myself up for not pursuing it.

Sodndashitall · 10/01/2024 10:06

Given you no longer live in the US and the accident was in the US, I think you'll find it will be time consuming and difficult to bring a claim (setting aside statute of limitations etc).
It sounds like.life was hard for you OP but you've moved on and so I suggest take the advice of PP and acknowledge that you did the best you could at the time and leave it there