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.

Widow’s loss

The general practice is that the total dependency loss to the family should be assessed and the resulting figure should then be apportioned between the wife and each child separately. The widow is usually allocated the bulk of the award on the assumption that her dependency will last throughout her life, whereas the children’s dependency tends substantially to diminish (or cease) on their reaching adulthood. Moreover, a widow may be expected to use some of the award allocated to her for the benefit of the children.

If a widow and mother is irresponsible or if there are real prospects of remarriage or an actual remarriage which harms the children’s financial future, the practitioner should consider calculating those sums which can properly be allocated to the children because the court’s statutory power to control damages allocated to a widow no longer exists.

Divorcee’s loss

The claim is by reference to the ancillary relief granted under the divorce proceedings. Thus if the divorcee was receiving £100 per week until death of the ‘husband’ or further order, then the multiplicand for the purposes of the Fatal Accident Act claim would be that £100 and the multiplier would be by reference to when any ‘further order’ would supervene and the effect of such order.

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