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Fatal accident claim

19 replies

TheChosenTwo · 23/01/2024 08:04

Does anyone know how these are calculated?
I feel like I’m being pushed into making one by a solicitor (as an executor with 4 beneficiaries and I don’t know them), I know I have to act on the behalf of all of them but the deceased was very old with no dependants, no wage besides pension and generally I feel the legal fees will outweigh any potential claim and drag things out even more.
Mostly though even though I’d instruct the solicitor to deal with all of it I’m just fed up with it all now!

OP posts:
pickledandpuzzled · 23/01/2024 08:06

Might be worth asking in Legal.

TheChosenTwo · 23/01/2024 08:09

Ah yes thanks, I’ll ask MN to move it 🙂

OP posts:
Bromptotoo · 23/01/2024 08:46

Was this a car accident or somebody knocked down by a vehicle?

BloodyAdultDC · 23/01/2024 08:50

I was advised to claim after my mum died (cause not in doubt) but as she was elderly and had no financial dependents it was not worth it. Even the ambulance chasing legals wouldn't get involved with the case. I'd seek a second opinion to ascertain what any likely payout could be worth, and the likely cost of making such a claim (and how much additional pain this will add to the grieving relatives).

TheChosenTwo · 23/01/2024 09:07

@Bromptotoo they were knocked down by a vehicle and the CPS have made a decision not to prosecute.

OP posts:
TheChosenTwo · 23/01/2024 09:08

Thanks @BloodyAdultDC good point re finding out the cost of making a claim too.

OP posts:
Bromptotoo · 23/01/2024 09:08

What @BloodyAdultDC has set out would be my next question.

If it's clear cut, for example, knocked down my a negligent driver who is insured and they/insurer accept liability, then predicting the numbers should be straightforward. Will be settled long before getting in front of a 'uniformed' judge.

The more complexity that creeps in the more outcome is uncertain.

TheChosenTwo · 23/01/2024 09:12

Thanks. Who would I use to seek a second opinion? The solicitor has offered to contact a lawyer specialising in this area on my behalf, will this do?

OP posts:
BloodyAdultDC · 23/01/2024 09:22

TheChosenTwo · 23/01/2024 09:12

Thanks. Who would I use to seek a second opinion? The solicitor has offered to contact a lawyer specialising in this area on my behalf, will this do?

I'd get independent advice. Lots of legal firms have websites with a 'contact us' section. I just looked at a few and submitted the basic facts. All of the ones I contacted got back in touch to say that my mum's death (despite cause being confirmed) would not lead to any sort of big bucks payout due to her age and lack of financial dependents. One did give some advice that we could put in a claim for costs arising from her death (eg funeral and costs associated with probate, selling the house etc). Actually I should chase that up.

Parentofeanda · 23/01/2024 09:36

not sure but a family friend once had it happen, took a little bit of time overall but they got about 600,000 .. dont know the circumstances how it happened thoug

Bromptotoo · 23/01/2024 09:40

Parentofeanda · 23/01/2024 09:36

not sure but a family friend once had it happen, took a little bit of time overall but they got about 600,000 .. dont know the circumstances how it happened thoug

The big element in a claim of this sort would probably be lost earnings. And that's dwarfed by care if they survive but are badly damaged.

BloodyAdultDC · 23/01/2024 10:00

Parentofeanda · 23/01/2024 09:36

not sure but a family friend once had it happen, took a little bit of time overall but they got about 600,000 .. dont know the circumstances how it happened thoug

Did their relative die though?

As you don't know the circumstances that this is quite an unhelpful comment - op has asked specifically about an elderly relative with no financial dependents.

Sadly, as traumatic as losing an elderly loved one is, there is seldom any financial 'recompense' for their families' loss.

TheChosenTwo · 23/01/2024 10:01

Thank you @BloodyAdultDC i’ll
do that now and see what happens. I just want some kind of confirmation to show the solicitor that it’s not going to be financially worth it. I also hate that my lovely relatives death has been overshadowed by money 😞 It all feels so shit.

OP posts:
Parentofeanda · 23/01/2024 10:01

@BloodyAdultDC yes death I mean I don't know how they died

TheChosenTwo · 23/01/2024 10:02

Oh and I didn’t read anything into the post by @Parentofeanda - my relative was 90 with just a pension and no dependents, I don’t think there is any claim to be made in these circumstances!

OP posts:
Parentofeanda · 23/01/2024 10:02

All I know is it was his mum

Parentofeanda · 23/01/2024 10:03

@TheChosenTwo oh probably not then no

Spicybeanburger · 23/01/2024 10:25

TheChosenTwo · 23/01/2024 10:02

Oh and I didn’t read anything into the post by @Parentofeanda - my relative was 90 with just a pension and no dependents, I don’t think there is any claim to be made in these circumstances!

I suppose though they were killed at 90 when they may have had 5 or 10 more years.

Also they were ribbed of a potentially peaceful death at home or in hospital by being knocked down in the street?

Bromptotoo · 24/01/2024 14:48

It may of course be that the solicitor dealing with the estate is on an arse covering mission so he can show he advised about the possibility of a Fatal Accident claim. Either you accept that and pay for an opinion or you reject it for reasons you set out but that's on your head not his.

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