Derby no win no fee claim

McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges.

 Fatal Accidents

A claim arises under:
(a)     under the Law Reform (Miscellaneous Provisions) Act 1934 on behalf of the estate of the deceased;
(b)     under the Fatal Accidents Act 1976  which provides a claim for loss suffered by the deceased’s dependants; and
(c)     at common law, for the injury to those other than the deceased, eg psychiatric injury suffered by bystanders.

Law Reform Act

(1)     Recoverable heads of loss:Section 1 of the LR(MP)A 1934 abolished the common law rule that personal injuries died with the person. Any personal claim of the deceased now survives through the deceased’s estate. Eg:
(a)     General damages for pain, suffering and loss of amenity pre-death:
(b)     Special damages pre-death eg net loss of earnings prior to death, damage to property, other costs (care and attention prior to death, medical and travel expenses).
(c)     Funeral expenses if paid for by the estate.
(2)     Who can claim? The claim is brought by the administrator or executor of the estate and is for the benefit of the estate.

Fatal Accidents Act

(1)     Who are the dependants?
(a)     The wife/husband/civil partner or former wife/husband/civil partner of the deceased (including persons whose marriage/civil partnership had been annulled or declared void as well as a person whose marriage/civil partnership to the deceased has been dissolved).

(b)     Any person who was living with the deceased in the same household immediately before the date of death; and had been living with the deceased in the same household for at least two years before that date; and was living during the whole of that period as the husband or wife of the deceased.

(c)     A parent or any ascendant of the deceased (ie not merely a parent or grandparent).

(d)     Any person who was treated by the deceased as his parent.

(e)     A child or any other descendant of the deceased (ie not just a child or grandchild).

(f)     Any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage.

(g)     Any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased (ie nephews, nieces and cousins).

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