Fatal accident dependency

The law covering the claims for loss of financial dependency following a fatal accident is complex, and sometimes appears to be illogical. The legal treatment of insurance proceeds means that in some cases a claimant can be financially “better off”. We assist with the dependency claim, which often involves careful use of the Ogden Tables. These tables are designed to help with the evaluation of damages.

Care needs to be taken when calculating the correct dependency, to ensure that all of the factors are properly accounted for.

Case Study

A claimant had been drawing some £20,000 per annum from his business hiring out wedding cars. Following an accident, he was unable to continue running the business, which fell into debt and became worthless. We were appointed by the defendant’s insurance company when they received a claim for loss of earnings, and noted that although the claimant had been drawing the amount described above, he was also introducing capital of roughly equal amount each year and the business had not been profitable. It was in fact his hobby, rather than a source of income.

Following our report, the claim was withdrawn.

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