FATAL ACCIDENT DEPENDENCY AND CULTURAL EXPECTATIONS: THE REPORTED CASES

Fatal Accident Law

A number of recent cases I have been involved in have highlighted the need for care when dealing with claimants who have specific cultural expectations as to dependency.  There are relatively few reported cases on this topic. It is worth looking at them.

KEY POINTS

Perhaps the major point to be made is to read the judgment in Amin -v- Imran Khan below.  If a schedule of damages had been prepared, supported by appropriate evidence, then the fatal accident claim would have settled for an appropriate amount. The gathering of appropriate evidence is crucial to the claim.

KANDALLA -v- BRITISH AIRWAYS BOARD

In Kandalla -v- British Airways Board [1980]  All ER 341 the plaintiffs two daughters, who were both doctors, died in an aircraft accident.  The plaintiff was an Iraqi doctor and was aged 74 and his wife aged 68.

The judge found that the daughters would have supported their…

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