Fatal Accident Dependency Claims: A Working Example: Death of a Wife & Mother as a Result of Mesothelioma - Gordon Exall, Zenith Chambers
15/09/14. Reports of decisions on dependency calculations are always welcome. Fatal accident damages account for 4% of payments made in personal injury claims. The number of reported cases on damages is relatively small. Cases are often better investigated and less likely to go to trial because there are far fewer disputed issues. The case of Knauer -v- Ministry of Defence [2014] EWHC 2553 (QB) provides a working example of how damages are calculated. It also demonstrates the incorrect approach of some defendants to some aspects of claims for fatal damages.
THE FACTS OF KNAUER
Mrs Knauer had been exposed to asbestos when working as an administrator at a prison. As a result she developed mesothelioma and died at the age of 46. She had three sons aged 22, 20 and 16. The action was brought by her widower. She had what was described as an “old fashioned” relationship with her husband, in that she did most of the housework and shopping whilst he did household repairs. The couple ran a pub together.
THE MESOTHELIOMA
The judge described mesothelioma as a “hideous and incurable disease causing appalling suffering.” Mrs Knauer was no exception. She was in considerable pain, and knew she was suffering from a terminal illness, from diagnosis in March 2009 to the date of her death in August 2009...
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