£50,000 secured for family after loss in road accident

Sam Collard

Case Background

Sam Collard, an Associate in the Osbornes serious injury team, recently settled a fatal accident claim brought on behalf of the family of an 18-year-old Romanian girl who was tragically killed in a road traffic accident in East London in 2017.

Legal Action Taken

Sam brought a claim against the Defendant driver’s insurer under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provision) Act 1934.  Liability was disputed between the parties and initially, the Defendant’s insurer offered to pay no more than £4,000 to cover repatriation and the funeral expenses.

£50,000 Settlement Secured

Despite the inherent injustices of fatal accident claims, which prevent the father of an 18-year-old from claiming the statutory bereavement award because his daughter has reached the age of majority, Sam was able to reach an agreement in relation to liability and secure a net settlement of close to £50,000 for the family.  This also avoided inflicting the unpleasant prospect of a trial on the grieving family.

Understanding the Fatal Accidents Act 1976

The Fatal Accidents Act 1976 is an act of Parliament that enables relatives of people killed due to the fault of others to recover damages. The claim is limited to the spouse or civil partner, parents in respect of the death of an unmarried minor child and more recently, since after 6 October 2020, cohabitees. The bereavement support payment must be divided between the eligible claimants. The award is fixed and at the date of publication is £15,120.

Inquest and Its Role

The inquest into the girl’s death played a crucial role in uncovering the facts of the case, providing the foundation for the subsequent legal claim. Inquests are vital for determining the circumstances of a death, and their findings can significantly influence the outcome of related legal actions.

How Osbornes Law can help

To speak to us about a fatal accident claim, call a member of the Personal Injury team at Osbornes Law on 0207 485 8811 or complete an online enquiry form.