Wife's Compensation from a fatal accident.

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bskinti

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In discussion I was asked last night what I thought a person would get in the event of a fatal car crash, and I'm no legal gu-ru. But I assume there would be compensation,for the expense caused and for loss of earnings she had been accustomed to or am I wrong, What do you think?.
The story: A man and sole earner in his 40s with grown up children was killed in a car crash, his wife don't work, The accident has been deemed as other drivers fault and is been charged with dangerous driving causing death, This driver was driving a company vehicle. I believe this women would be entitled to a large companion package as her husband was only earner, but who do she claim off of ?, and what do she claim for ?, How would claim be made up ?,
I allowed that she would claim for a percentage of his earnings from time of accident up to his retirement off the driver and the company he works for, and she would also get all expenses incurred from accident. This person had no life insurance and no mortgage protection and He wasn't a big earner. This woman has now to pay her mortgage and the funeral expenses which was thousands on a widows pension, Accident happened 2 years ago. She has been with a solicitor but is not clear on what is happening if anything. Any advice please..
 
I can't tell from your post whether this actually happened to someone or whether it's a 'what if' scenerio, I did find [broken link removed] on the web - either way hope it's useful.
 
Perhaps the insurance of the driver involved might pay out to the victim's spouse? Or maybe the widowed person would need to take a civil damages case against the person involved? Either way it probably needs legal advice from the widowed person's solicitor.
 
as far as I know, the legal train must commence within two years of accident. If no proceedings are yet served, then she should get onto solicitor immediately.
 
I believe 2 years is the time limit for starting the ball rolling (lodging papers with the courts) for claims of personal injury however you can always chance it hoping the defendant doesnt realise and include the Statue of Limitations in his defence papers. if they dont include this in their written defense from the start then they cannot include it later or on appeal.
As for who to sue? you sue everyone... the driver and his company - as it was a company car / van then his employer can be sued for vicaious liability.Her solicitor will of course be aware of this.
As for how much to claim... she should claim compensation equivilent to what she would have had the accident not occured i.e. the wage the husband would have earned, including any future promotions or bonus etc. this figure would be revised downward to take account of taxes which would have to be paid. Any kids under 23 are regarded as dependants by the way so this will add to the compensation. If the husband mowed the lawn of washed the windows then the cost of getting someone in to do these tasks should be included in the claim, as is any other expenses. There is also a standard 20,000 euro 'tear money' for the loss of a spose.
Every expense is itemised and totalled.
Her solicitor / barrister should of course be able to tell and advise her of all of this.
 
Thank you all, Yes ACA I'm sorry to say that this did happen and the link puts things in prospective as does WICKLOWs post, Thank you both, I had as I said assumed compensation could be got but wasn't sure where it could come from. I did advise this person to go see a solicitor and all that worried her was how could she pay, I also told her that they would look after themselves in such a case and not to worry about solicitor fees, Lets hope they will look after her, Thanks again.
 
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