Fatal motorcycle accident claims in Scotland are governed by the Damages (Scotland) Act 2011. The Act provides for two principal heads of damage: loss of support (the financial dependency the deceased provided) and a Section 4 award for grief, sorrow, and loss of society. We handle both — and we handle the family with the dignity the situation demands.
Section 4 awards — for grief and loss of society
Section 4 of the 2011 Act provides for awards to immediate family members — spouse, civil partner, parent, child, sibling — to recognise grief, sorrow, and loss of the deceased's society and guidance. The figures are determined by Scottish case law and have risen meaningfully in recent years.
Indicative S4 awards for surviving spouses in recent fatal cases can be in the region of £120,000, with proportionate awards for parents, children, and siblings. Each case turns on its own facts — we'll give you a realistic range once we have the picture.
Loss of financial support
Loss of support compensates surviving dependants for the financial contribution the deceased made — wages, pension, household services, childcare. Calculation uses Ogden tables and standard multiplier-multiplicand methodology, adjusted for Scottish law.
Where the deceased was a self-employed rider with variable income, we instruct forensic accountants to model true contribution.
How we handle these cases
Slowly, deliberately, and quietly. The first weeks belong to the family. We attend at home, not the office. We don't push for early statements. We deal with insurers and police on the family's behalf so they don't have to.
When the family is ready to talk through the case, we set out the heads of damage in plain English and let them decide what to instruct us on.