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Child fatality arising from car accident
Master D's family was awarded £11,800
JMW has aided a young boy's family to receive £11,800 in compensation after he tragically died in a car accident.
Master D, a passenger in a car turning right into a side road, was tragically killed as the result of a car collision. His next of kin decided to pursue a claim for his injuries and was put in touch with JMW Solicitors LLP where Partner, Gordon Cartwright, handled the claim.
Master D was a passenger in a car turning right into a side road, when another car overtook a number of stationary vehicles and collided with his car, causing it to flip over and land in a reservoir. Sadly, Master D died at the scene of the accident.
Gordon sent a letter of claim to the defendant, the driver of the car that crashed into Master D’s car, and to the defendant’s insurer. The letter outlined the defendant’s alleged fault and Master D’s estate’s claim for compensation. Gordon needed to get these details from the police, who were also investigating the incident.
As Master D was not living with his parents at the time of the accident, and they did not pay any funeral expenses, Master D’s estate’s claim could only consist of a bereavement award that his next of kin were legally entitled to. The defendant’s insurer confirmed that a cheque would be raised for this award and sent to Gordon so that he could pass it over to the family. This concluded Master D’s case.
A fatal personal injury claim is understandably heart-wrenching and, as would be the case in any fatality claim, Gordon had to consider the wider issues surrounding the case. As the case involved a fatality, the police were conducting an investigation. Gordon had to consider whether he needed the police to provide him with potential hearing dates for the defendant, whether he needed a copy of the police accident report, and whether the police had records of any witnesses to the accident whom he may need to get in touch with.
Master D’s living circumstances also needed to be taken into account, as this would affect the claim Gordon could make on behalf of Master D’s estate. In Master D’s case, Gordon did not require additional police information and the bereavement award was considered appropriate to reflect Master D’s living circumstances at the time of the accident.
Making a fatality claim
Making a claim for a personal injury which has caused a fatality on behalf of a friend or loved one’s estate can be very difficult. You will feel emotionally vulnerable and it may feel like a difficult task. Your solicitor can help guide you through the process and make it stress and hassle-free, as well as supporting you with advice and understanding.
For more information, and to have a no-obligation chat with an experienced solicitor, get in touch with us on 0800 054 6570, or use our claim form to the right of the page for one of our team to get in touch with you.