Free Claim Assessment.
Complete the short claim form to get a free claim assessment & expert advice with no obligations!
Complete the short claim form to get a free claim assessment & expert advice with no obligations!
Fatal Road Accident Compensation Claim
Fatal Car Accident Claim
Ann Ryan V Paul Ryan (2004)
Birmingham County Court (Mrs Recorder Wilson) 23/8/2004
The claimant received £11,825.10, including the full sum of £7,500 for bereavement following the death of her son in a road traffic accident in June 2001.
Birmingham County Court (Mrs Recorder Wilson) 23/8/2004
The claimant received £11,825.10, including the full sum of £7,500 for bereavement following the death of her son in a road traffic accident in June 2001.
Road Accident Damages Award
The claimant was the mother of the deceased, who died at the age of 9.Fatal Accidents Act 1976, Road Traffic Accident: On 3 June 2001, the claimant's son (R) was the passenger in a car being driven by the defendant, his father, when they were involved in a collision, which killed R.
The claimant brought an action against the defendant alleging that he was negligent in his driving, which caused the accident.
Liability admitted.
Injuries:R died as a result of the accident.
Effects:The claimant suffered bereavement at the loss of her son.
Court Award: £11,825.10 total damages.
Injuries:R died as a result of the accident.
Effects:The claimant suffered bereavement at the loss of her son.
Court Award: £11,825.10 total damages.
Breakdown of Damages: Bereavement: £7,500; Funeral expenses: £2,413; Interest: £1,912.10.
Bereavement Award
Background to damages: The claimant brought a claim under the Fatal Accidents Act 1976 for bereavement. The defendant opposed the award contending that as the other ‘dependant’ parent was the tortfeasor, the claimant was only entitled to half of the bereavement award, namely £3,750. The defendant relied upon Navei v Navei (1995) CL 1827 in which the District Judge had so held in a similar case in Eastbourne County Court, Cooper v Williams (1963) 2 QB 567, per Lord Denning MR at p.581 and Hunt v Severs (1994) 2 AC 350.
The judge considered the above authorities and the Fatal Accidents Act 1967 and concluded that the case of Cooper was helpful because it established that one dependant was entitled to bring an action for her own benefit and was not obliged to claim on behalf of the other dependants, as long as they were informed of the claim so that they could be joined if they desired.
The judge was satisfied that the claimant had brought the claim for her benefit only, but that if the claimant had issued for herself and the other dependant, his claim would have been struck out as it would be of no benefit to him as the tortfeasor. She agreed with the commentary of Kemp & Kemp that the case of Navei was wrongly decided and that the claimant was entitled to the full statutory sum of £7,500.
Call FREE now on our 24 hour helpline
Fatal Road Accident Compensation Claim
Fatal Car Accident Claim
Ann Ryan V Paul Ryan (2004)
Birmingham County Court (Mrs Recorder Wilson) 23/8/2004
The claimant received £11,825.10, including the full sum of £7,500 for bereavement following the death of her son in a road traffic accident in June 2001.
Birmingham County Court (Mrs Recorder Wilson) 23/8/2004
The claimant received £11,825.10, including the full sum of £7,500 for bereavement following the death of her son in a road traffic accident in June 2001.
Road Accident Damages Award
The claimant was the mother of the deceased, who died at the age of 9.Fatal Accidents Act 1976, Road Traffic Accident: On 3 June 2001, the claimant's son (R) was the passenger in a car being driven by the defendant, his father, when they were involved in a collision, which killed R.
The claimant brought an action against the defendant alleging that he was negligent in his driving, which caused the accident.
Liability admitted.
Injuries:R died as a result of the accident.
Effects:The claimant suffered bereavement at the loss of her son.
Court Award: £11,825.10 total damages.
Injuries:R died as a result of the accident.
Effects:The claimant suffered bereavement at the loss of her son.
Court Award: £11,825.10 total damages.
Breakdown of Damages: Bereavement: £7,500; Funeral expenses: £2,413; Interest: £1,912.10.
Bereavement Award
Background to damages: The claimant brought a claim under the Fatal Accidents Act 1976 for bereavement. The defendant opposed the award contending that as the other ‘dependant’ parent was the tortfeasor, the claimant was only entitled to half of the bereavement award, namely £3,750. The defendant relied upon Navei v Navei (1995) CL 1827 in which the District Judge had so held in a similar case in Eastbourne County Court, Cooper v Williams (1963) 2 QB 567, per Lord Denning MR at p.581 and Hunt v Severs (1994) 2 AC 350.
The judge considered the above authorities and the Fatal Accidents Act 1967 and concluded that the case of Cooper was helpful because it established that one dependant was entitled to bring an action for her own benefit and was not obliged to claim on behalf of the other dependants, as long as they were informed of the claim so that they could be joined if they desired.
The judge was satisfied that the claimant had brought the claim for her benefit only, but that if the claimant had issued for herself and the other dependant, his claim would have been struck out as it would be of no benefit to him as the tortfeasor. She agreed with the commentary of Kemp & Kemp that the case of Navei was wrongly decided and that the claimant was entitled to the full statutory sum of £7,500.
For free expert advice, with no obligation call FREE now
on our 24 hour helpline:
I tripped on an uneven pavement. I landed very awkwardly damaging both my right knee and ankle, needing surgery.
Susan Bailey
Susan Bailey
See the AAH tv ad starring Esther Rantzen!
That Means no risk, and no money needed to claim.
