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Personal Injury Damages in Cases Where Someone is Killed

One of the most difficult aspects of this work is in dealing with the family of a loved one who has been killed in a tragic accident.  Accidents do of course happen.  They cannot be avoided and they show how fragile this world can sometimes be.  

I am however always amazed how clients who have been hit with tragedies where their loved ones have been killed, effectively turning their lives upside down, are able to pull the pieces back together and continue to function as best they can. 

In the majority of cases there is a claim for financial dependency.  Certainly where the loved one who has been killed in the fatal accident is the main, or one of the main, bread winners in the family, those family members who have been left behind be it a spouse or children will have a claim for the 'lost' years.  This is basically the years over which that person would have provided for the family financially had it not been for the accident.

There are numerous factors to take into account and the calculations to be prepared are complex.  However case law over the last few years has ensured that the calculations are relatively fair and take into account all of the issues, to hopefully ensure that the remaining family is provided for financially, which in many cases is then one less burden for them to deal with.

The important issue in all these cases is to ensure that the papers are dealt with as soon as possible, that a letter of claim is served as soon as it can be after any accident and that the insurers are contacted, if there are insurers for the Defendant, to ensure that any interim payments can be received at the earliest possible opportunity, before assessing the full loss.  

I have dealt in a later blog with a type of personal injury claim, which is sometimes related to the death of a loved one, which is known generally as a nervous shock claim. Tristan Hallam is a partner in Personal Injury in the London office of Russell Jones & Walker. If you or a member of your family has suffered an accident or injury call our expert personal injury solicitors on 0800 916 9046, fill in our short online claim form or email enquiries@rjw.co.uk and one of our specialist personal injury team will review your compensation claim for free.

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