Compensation for loss of a father.

[Drisgirl]

My childrens dad was killed last August.There had been a very long running period of trial deferals-due to the Insurance company trying their best to prove negligence on his behalf.
The day before the trial was due to commence she pled guilty -so all we had to do was turn up and see him vindicated.He duly was and more.
My children are content that their dad was in no way to blame.
They have now been asked by solicitors -presumably acting for her insurance company for their Birth Certificates -thay have provided them and obviously things are in motion.
Now my children are not in the least bit interested as what they see as blood money but I have to be pragmatic and look out for them.In fact i had to send the BC's in myself if truth be known.
Does anyone have any idea how long this type of process takes and what the likely outcome would be?

I ask because they have been through so much legalities in the past year that if I were to have a clue I may be able to keep the finger on their pulses for them without interfering.

Although we are bound by Scottish law -I dont know if the Insurance companies are -its a minefield and I am lost.

Any advice would be appreciated.

I will give more info if I havent made this clear.

Thanks

[Ethel]

I have read this, dris, but sorry, can't help - I haven't a clue.

:(

[Drisgirl]

OK -thanks for getting back x

Its complicated and I cant implicate myself as I am 'distanced' as it were.
I am only trying to look out for their best interests but its difficult when they wont 'spill' so to speak.-they are too young to deal with this and I dont want them getting caught up and messed around -only natural as a parent.(:

[NORMANTHEDOG]

the figure depends on a lot of things,how old he was,what he did for a living,how he died,and then after a figure is reached,there could be a appeal,so it could take several more months yet.

[terambulan]

You say ur childrens' father so I presume you were not married to their father (no entitlements).

If you were married u would be entitiled to a widows benefit at least, with extras like funeral costs, bereavement allowance. Have to prove your entitlements by supplying NI number etc.

[Drisgirl]

He was 50 when he was killed -a horsebox pulled out in front of him when he was on his motorbike and he died intsantly-she pled guilty after a lengthy and constantly postponed court case, perpetrated by the insurance company who were deperate to find some way out, that he may have been negligent,She finally pled guilty at the eleventh hour as they had no evidence to substansiate their claimsHe was vindicate in court and the Sheriff went as far as to say that he was blameless entirely..

My problem is -being their sole parent -I must be pragmatic and be strong enough to try to keep them going though yet another legality which they dont understand but are deemed adult enough that I am not aparty to it.

He was the Asst Divisional Engineer for the RNLI in Scotland.

I just need advcie -i cant personally get involved -we were divorced -but I have to keep on top of them-its a tough call.

[terambulan]

If he maintained his children and you were dependant on that maintenance for the children's upkeep you do have a case to make ur own claim for financial loss and compensation on behalf of the children and yourself.

Ask the CAB, if you have a case they will do it 4 u.....for free!

The loss of the father is NOT to be shrugged off.

[Drisgirl]

Thank you -he wasnt paying maintenance legally that had stopped he just chose to continue paying it as he wanted them to have a good start in life.I have always been self sufficient.

I will contact CAB tho as I need to be on my toes for this -its not the money -my son still saves up for anything he needs and my daughter sunk hers into a mortgage so they are not concerned or needy -they still moan about being skint -bless !

Its not like the peron who posted before suing the NHS cos they at least deserved a holiday for negligence -this is different but as you can gather its like walking on eggshells with them -I have been to told to forget it so many times but im older and wiser and im also their mum

Thank you -I shall pursue independant advice .

[themas]

Do your children have a solicitor, or at least a competent independent professional adviser with a knowledge of personal injury claims? I understand what you say about your difficulty in dealing with this, but if they do not have independent advice they will have no way of knowing whether whatever the insurer offers is realistic. As it's quite likely that any opening offer will be significantly lower than a proper figure, this could be important.

[Drisgirl]

Thanks for your advice themas -problem I have is even engaing them in a discussion (:

I'll give them a week or so as the first anniversary was only wednesday past -so may be too raw but I have to be realistic about this -its a tough one as all our emotions are all over the place.I just feel that I should as their remaining parent make sure they are 'compensated' -what a horrible word -all they want is 5mins wih their dad(:

[wiggal]

Hey dris,

I'm sorry I have no idea on what you are asking, but hope everythng gets sorted and you get the help and advise that you need.

Wiggal xx

[tigwig]

Can't really advice you much Drisgirl but I am sorry for what you have and are continuing to go through. Who knows how long it will take? At least whatever compensation your children get can be put away for them if they want and hopefully will give them a bit of financial security. Take care xxx
By the way were you referring to me as the person sueing the NHS and what did you mean about deserving a holiday for negligence?

[stokemaveric]

what a terrible chain of events,im not trying to patronise you drisgirl,but you sound like a great mum,hope things turn out for the best and your children get some recompense,.although it wont be the same as having their dad around someone must pay for the pain and suffering this incident caused..........

[Drisgirl]

wiggal .tigwig and stokemaveric -thanks for your good wishes -I will keep you all posted and perhaps as things develop I may pop back on for more advice.Maybe one day we'll see the light at the end of the tunnel.
tigwig -no -this was years ago -was kinda like a wind-up thread and I just wanted this one to be taken seriously xx