Any legals? DH Fatal accident?

[BringMeSunshine48]

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?

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.

Gently asked; Did he not have Life Insurance?

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.)

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

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.

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

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

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.

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 🥰

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.

I will send you a direct message.

@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

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.

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

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.

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

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.

I do wonder how many of these crazy payout figures we hear of in the US actually happen (ones which don’t involve celebrities etc.)

As many said, contact a no win/no fee attorney in the US state where you lived or where the accident happened. The statute of limitations may bar bringing action this late date but $10,000 is very low, normally they would offer 10x annual earnings as a start and arguments would be for payment of total earnings for life plus interest, etc - unless there was something very peculiar, he was partially at fault, or they just thought they could get away with it. Usually a US company will pay $10,000 just to get rid of a lawsuit so even if you can't really get anything the no win/no fee lawyer might file an action anyway to get the $10,000 again - usually he gets 1/3 so he gets $3333.33 and you get $6666.66 for the hour it takes to fill in a standard lawsuit form. (I've worked both sides of these filings in the USA).
Sorry for your loss.

Wrongful death lawsuits in the USA are VERY lucrative which is why insurance is so expensive there!

10K??? That's outrageous, I used to deal with pilot's insurance and they should ALL be insured. I paid out a million for one claim.
I'd be asking this company what happened to the insurance pay out because you clearly didn't get it. I worked in insurance 20 years ago and we were regularly paying out even then for pilot deaths.
I'm so sorry. You need to do some investigations and maybe speak to a solicitor about your rights this far along.

Ideally yes. But you were doing your best at a very tough time so don't be hard on yourself.

You would have to fin a lawyer willing to take the claim on a no win no fee basis.
The pilots third party insurance would be liable, as a passenger there may be a claim if your husband was a pilot or club member a disclaimer may be relevant.

Definitely worth getting information together and asking.

Another support for would DH place work have life cover / death in service benefit? Normally this is a few mulitples of salary....