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. Get in touch with Derby Lawyers by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

Dependency Calculation

The claim for dependency arises out of what the deceased would have provided to the family by way of income or services if they had not died and is fixed at the point of death.

There are alternative ways of calculating the dependency.

The first method is to assess the loss to the dependants as a whole, and then after deducting the costs not recovered from the defendant any amounts recovered otherwise than as damages for bereavement are to be apportioned between the various dependants in such shares as may be directed.When this method of assessment is adopted, the practice has grown up of allocating comparatively modest sums to the children. The basis for this is that their support through infancy and schooldays and until able to earn their own living is the legal obligation of the widow and that she can be trusted to fulfil that obligation out of the money allocated to her.

The second method is by calculating the entitlement of each dependant and the aggregate of each such entitlement becomes the total claim. This involves using more than one multiplier.

However, where the case contains too many ‘imponderables’, it may not admit of an arithmetical approach at all, in which case the court can abandon the multiplier/multiplicand method and award a lump sum.

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