Unlawful death- compensation claim

DullGreyGuy

pollypenny said:

How on earth does one quantify contributions to family life, like even simple car maintenance - kneeing when and how to check tyre pressures for example - as well as doing heaving lifting, reaching up high. 

The reality is it's necessary to and people who sit on the other side of the fence have to develop a somewhat thick skin. Special damages (aka financial losses) are very real material costs... sure the top shelf may be high but not many people actually pay for a TaskRabbit person to come and lift the mixing bowl off the top shelf. 

If it's not a real financial loss then you are in the space of general damages which are less financial in nature and the range of general damages for a death is fairly narrow. A significant part of general damages is pain and suffering and you can probably understand why the courts dont want to say one persons grief is more substantial than the next and nor do insurers typically try to dig into the relationship to find out if it was on its last legs and so likely to have died even if the claimant hadnt.

Safety1

user1977 said:

If the solicitors are acting for the widow, aren’t they offering any advice? This is after all the sort of thing they deal with on a daily basis.

It’s the solicitor that has asked ….. it isn’t about loss of earnings but all the things he done that now have to paid services .Another reply phrased it much better than I did, it’s not about the money that is no longer coming in, but about the extra money that is going out. 

Thank you for taking the time to reply 

user1977

Safety1 said:

user1977 said:

If the solicitors are acting for the widow, aren’t they offering any advice? This is after all the sort of thing they deal with on a daily basis.

It’s the solicitor that has asked ….. it isn’t about loss of earnings but all the things he done that now have to paid services .Another reply phrased it much better than I did, it’s not about the money that is no longer coming in, but about the extra money that is going out. 

I would recommend they chat to the solicitor, as they'll be familiar with the sort of heads of claim which typically get included.

theoretica

DIY has been mentioned, and childcare/needing a babysitter more often/school holiday arrangements.  Will there be times when not having two drivers means more taxifares?  Gardening?  Cleaning, cooking - do things which he didn't do, but she had time to do because he was doing something else count?  or does the value need to be put on what he was doing even if it is not where the cost of his absence will fall?

Safety1

theoretica said:

DIY has been mentioned, and childcare/needing a babysitter more often/school holiday arrangements.  Will there be times when not having two drivers means more taxifares?  Gardening?  Cleaning, cooking - do things which he didn't do, but she had time to do because he was doing something else count?  or does the value need to be put on what he was doing even if it is not where the cost of his absence will fall?

His is the list of things his wife now has to pay for as he used to do them. As each case is unique the solicitor asks the family to start listing it . 

His wife works 12hour days so he used to take the dogs out before and after his shift , she now has to pay a dog walker . He was a real petrol head so done all the work on the cars , she now has to pay a mechanic, same for DIY.  It’s just hard to try and put a monetary value on him just being a good hubby and dad. 

RAS

Presumably, they holidayed as a family? Wife will be hit by the single room supplement. She may also need to take another friend or relative away to share the load?

Holiday schemes for the kids as she can't take the leave?

In all honesty, however, she should be looking at cutting her hours or leaving work to care for the children. Otherwise, she's no time to look after the kids, who need twice as much support, and no time to grieve herself.

Psychological support (paid for) for herself and the children.