Fatal Accidents - Case Study
The People
A was the first wife of J. As part of her divorce settlement her ex husband paid to A each month one half of his occupational pension. Following his remarriage he developed mesothelioma and unfortunately died. His second wife issued a claim under The Fatal Accidents Act.
In the meantime the Trustees of J’s occupational pension scheme had exercised their discretion to pay to A the whole of the ‘Dependant’s Pension’ which was only marginally less than what she had been receiving previously.
As we have particular experience in dealing with Fatal Accident claims this case was referred to us by another firm.
The Problem
The Defendant’s insurers, whilst admitting responsibility for the death, argued that as A had not really suffered any financial loss (because she was now in receipt of the Dependant’s Pension) she had no claim. They said, in terms, that it was a point of principle, that they intended to instruct a prominent QC and that they intended to take the case to the Court of Appeal.
The Solution
Despite these threats we entered into a ‘no win, no fee agreement’. Under The Fatal Accidents Act certain benefits arising from a death can be disregarded for the purposes of valuing a fatal accident claim. We argued that J’s case was similar to one decided 18 years previously. Since we keep abreast of legal developments we were aware that another case was being appealed on a similar point. Having studied the detailed judgement it became apparent that certain comments made in passing by the Court of Appeal could be applied in A’s case. In the end we were able to negotiate a settlement in excess of £250,000 for a client who was originally in two minds as to whether or not to pursue the case.
Who to contact
Marek Bednarczyk
Partner
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