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 , or ring us on 01332 518135 .

A reasonable expectation of pecuniary benefit

Damages are calculated in reference to a reasonable expectation of pecuniary benefit, as of right, or otherwise, from the continuance of life. Speculative claims or claims which are too remote will not result in an entitlement.

Pecuniary benefit clearly includes monetary loss but its meaning is broader and may include money, property and services. It covers, for example, the loss in replacing services gratuitously rendered by the the deceased, provided such services can be translated into money’s worth, for example, if the deceased was a handyman about the house.

To establish the dependency, the dependant is not required to demonstrate that the deceased was under a legal duty to support him or her. The dependant need only show the probability of prospective loss (eg a deceased child may not have attained the age of being able to render assistance, or alternatively a parent may not have reached the age of requiring assistance and thereby becoming a dependant). It follows therefore that it is not a condition precedent to establishing dependency that the claimant was receiving pecuniary benefit at the time of death.

The balance of probabilities is the standard of proof for events in the past, whereas a claim under the Fatal Accidents Act is for future dependency and is therefore for loss of a chance.

Get in touch with Derby no win no fee solicitors by e-mailing , or ring us on 01332 518135 .

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