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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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:
MalcolmTuckersSwearBox · 10/01/2024 09:25

I don't know, I'm sorry you lost your husband in such traumatic circumstances. You'd need someone who specialises in that area of law in that country (and possibly state in the US). Is there a statute of limitations on that type of claim? I don't know. You need to expert advice, not a thread on MN. I'd seek that out.

Falkenburg · 10/01/2024 09:26

Usually with a payout there is the clause that if you accept it it's the final amount they will pay you.

Have you kept any paperwork from that very sad time?

SherbetDips · 10/01/2024 09:27

If you accepted a payout then I doubt legally there is more you can claim.

BeauSignoles · 10/01/2024 09:29

You need to talk to a lawyer. I’m so sorry, what a distressing time that would have been 💐

Jennalong · 10/01/2024 09:30

Maybe you would still have some sort of claim ( I'm not a legal professional ) but would they look at the years since and see if it impacted your life. Did you re marry , have you gone on to have children , a career etc ?

sparepantsandtoothbrush · 10/01/2024 09:32

Has this come up for you because of the news today about the massively crazy payout after the helicopter crash in the US?

I'm not sure what sort of claim you'd have this late on and after accepting the initial payout but its definitely worth looking in to

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.

Original poster
BringMeSunshine48 · 10/01/2024 09:45

I've been thinking about it the past few years tbh as people have often I asked if I received any compensation. It was triggered again by the news today. I just wondered if I'd been niave and could have had a payout to help me in the years that ensued.

OP posts:
Original poster
BringMeSunshine48 · 10/01/2024 09:47

I remarried yes. I was in my 20's when it all happened. I met someone 6 years later and we married a couple of years ago.

OP posts:
Original poster
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 😏

OP posts:
BetrayedAuntie · 10/01/2024 09:49

BringMeSunshine48 · 10/01/2024 09:47

I remarried yes. I was in my 20's when it all happened. I met someone 6 years later and we married a couple of years ago.

I believe that statute of limitations is around 12 years but best to double check that

Theseventhmagpie · 10/01/2024 09:50

You will come up against the US equivalent of the Limitation Act which means that most claims must usually be brought within 3 years or by a minor’s 21st birthday. The relevant legislation may well be different in the US and may vary state to state but I would contact an attorney in the relevant state and see if there’s anything that can be done. No harm in checking even if it is a long shot.

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..

LifeExperience · 10/01/2024 10:00

The statute of limitations for wrongful death in most states is 2 years from the death. In a few states it is as long as 4 years. Depending on the circumstances you might have received more money than you did but it's impossible to know for sure. If you took the first amount offered it is likely you could have gotten more. Sorry for your loss, OP.

Heronwatcher · 10/01/2024 10:00

I don’t think it’s definite you would have received compensation, it would have depended on the facts of what happened. If the pilot had been completely negligent you could have tried to claim against the company, but they would likely have claimed that his actions were his own and not the company’s. This would all depend on the law in the area where the accident happened.

The only other thing is that I think me and my DH both have a sort of death in service payment where we nominate a person who receives a payment if we died whilst working, but I suspect that might have been the £10k.

BreathingDeep · 10/01/2024 10:01

StandByMode has written the most perfect words. You did the best you could while grieving and in shock. Your life had turned upside down and it's to your credit that you rebuilt your life. You will always have questions, but don't let any of them be about how you coped and moved forward and whether you got anything wrong.

I really hope life has been lovely to you since then.

Wildwildwoman · 10/01/2024 10:03

Do you have children? Sometimes the time limitations for children don't start till they are 18? Maybe too late for you but maybe for them

KT8282 · 10/01/2024 10:06

It’s worth trying to find a lawyer in the UK who is licensed in the relevant US state, or at least in the US, who can advise on this. It’s possible if you were coerced into taking an inappropriate payout that the SOL may not apply, but you’d need specialist legal advice to know whether you had a case. I’m so sorry this happened to you and your DH. I just read today’s story on the helicopter crash so can understand the triggering.

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

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.

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.

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.

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

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.

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?

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