Death and Fatal Accident Compensation Claims
If your family has suffered the tragedy of an accidental death, those dealing with the fallout must adapt to a new way of living. Such a change can take a massive toll on your mental health, finances, and day-to-day life. And that’s to say nothing of the negligent party responsible for the Fatal Accident.
Claim compensation for the accidental death of a loved one.
If you wish to bring a claim against those to blame for your loved one’s death, contact us now on 01252354433^ to get started. Our personal injury experts will provide you with a free case assessment, so that you know what damages you could expect to receive and how long the process will take. Will also get your compensation on a no win, no fee* basis, so that you have one less thing to struggle with. Call us on 01252354433^ today.
What Makes a Fatal Accident Claim?
Fatal Accidents occur when someone dies as a result of injuries they were not at fault for. A claim can be brought if such an accident is due to a negligent party, such as an individual or a business. The claim looks to punish those who have caused the tragedy, and award damages to those who now have to suffer the reality of the loss.
Which Types of Accident are Considered in Fatal Accident Claims?
If any type of accident that is the result of a negligent party leads to a death, be it instant or delayed – such as when in a coma – then a claim can be brought. However, not all wrongful deaths occur because of accidents. Many industrial diseases can result in death, especially when developed overtime. Medical negligence is also a potential cause. The leading cases of wrongful death claims are:
- Road Traffic Accidents, namely Car Accidents
- Workplace Accidents, especially falls from height
- Medical negligence, including birth injury and stillbirth
- Industrial Disease, such as Mesothelioma and Lung Disease
- Public Place Accidents
- Suicides whilst in psychiatric care
Whilst the circumstances of the wrongful death can vary dramatically, when you claim with us, we will take the time to understand your individual case and provide your family the best support possible. Even if the cause of the Fatal Accident is unclear, we will work tirelessly to see that you are compensated for your loss, and those who acted negligently are punished for their actions.
What is the Process for Making a Fatal Accident Claim?
If you need to make a claim for a Fatal Accident in the UK, the process makes this tricky, which is why we offer our help under no-obligation. We guide you on how to source evidence, who in the family can claim and when, and dealing with the courts, if it comes to that.
Am I Able to File a Claim for a Wrongful Death?
Claims for Fatal Accidents tend to be brought by the executors of the deceased’s estate – when there is a Will – and their dependants. As executors are responsible for dealing with the property, assets, and money of the person who has died, they also need to pursue any legal matters on their behalf. When it comes to damages for the wrongful death, they can claim – on behalf of the deceased – for:
- Pain and suffering the deceased likely experienced
- Expenses occurred, such as funeral and Probate (or Executry in Scotland) costs
- Damaged property
- Income lost, if the deceased didn’t die right away
Other individuals are also able to claim for loss of financial dependency or loss of services as a consequence of the Fatal Accident:
- Current or former spouse/civil partner
- Current cohabitating partner of at least 2 years
- A parent of the deceased
- A child – or stepchild – of the deceased
- Other nuclear family members, such as siblings
Claims should be filled by all those involved at the same time. If, however, the executors do not pursue a claim for Fatal Accident compensation, the deceased’s relatives/dependants can claim separately after 6 months.
Evidence requirements for Accidental Death claims
The most significant piece of evidence will be from the coroner, who will determine cause of death and likely time and location of the Fatal Accident. Should this information point to foul play or negligence, your panel solicitor will gather evidence to support your claim. This may be records in accident books, visual evidence – such as photos and CCTV – witness statements and anything to determine a history of negligent behaviour.
If at this point the party considered to be at fault accept liability, a compensation award will be offered. Should they not, however, the case may require the courts to intervene.
Going to court for a Fatal Accident
It’s unlikely your Fatal Accident claim will end up in court. Most personal injury cases are settled out of court and are paid by the negligent party’s insurer. If, however, there is a dispute of fault or there is a criminal trial, you may need to attend court.
Will there be a criminal trial or Fatal Accident Inquiry?
A trial of any kind, be it a civil or criminal case, can be a stressful and complicated affair. If your Fatal Accident claim comes to a court situation, our panel solicitors will be able to guide through the process. The good news is that a criminal conviction does not need to happen in order to pursue compensation for your family. This is similar to how Criminal Injury Claims are processed.
In the unlikely event that your case goes to a Fatal Accident Inquiry (FAI), then the ramifications for your Fatal Accident claim would be large and could affect the wider laws of the country. Should and FAI be necessary for your case, your panel personal injury solicitor will be there to support you.
How long do I have to make a Fatal Accident claim?
Most personal injury cases allow up to three years for the wronged party to make a claim. Fatal Accidents claims are no different. Unless there are exceptional circumstances, anytime after this 3-year window, claims will be prevented from being made.
Wrongful death cases can take, sometimes, several years to settle. So, it’s worth speaking to a member of our team as soon as possible if you feel like you make have a case. We can offer our guidance under no-obligation, and provide claims on a no win, no fee* basis. Call 01252354433^ today to get started.
How much compensation can I claim for a Fatal Accident?
Claims for Fatal Accidents will vary in value. This is due to how the deceased leaves their family behind, particularly when it comes to dependants. To make this easier for families who are waiting for their claim to settle, certain elements of the compensation package can be released earlier, such as funeral expenses. There are multiple factors taken into account when calculating the compensation award.
For dealing with the absence of salary earner in the family, you can claim for “financial dependency”. This is when members of the family were reliant on the deceased for income, which will no longer be possible due to the Fatal Accident. This part of the award can be claimed by the deceased’s partner, as well as their children.
There is a compensation element for the “general damages.” These are for pain and suffering experienced by the deceased, much like you would find in a regular personal injury claim. With Fatal Accidents, this can also include the time between the initial accident, and their passing. Likewise, if there was a time in which you accrued expenses from travel to the hospital or providing care for them, you can claim this also.
Like with the financial dependency aspect, there is also something referred to as “loss of services” this is the impact that the deceased had on daily life. This can take the form of helping to raise children, managing family finances, doing DIY, shopping for the family and anything else they did to bring value to the household. When these have gone with the loss, it can make daily life that much harder, and more costly.
You shouldn’t – and won’t – be expected to pay for the funeral (except for the wake) after a Fatal Accident. This also goes for Probate – or Executry in Scotland – where the legal costs will be covered by the negligent party.
A “Statuary Bereavement Award” is also calculated into the total compensation award. This fixed amount of £15,120 is payable to the partner of the deceased and is considered financial restitution for the partner’s suffering.
There is also the unquantifiable cost of the loss of love itself. Finding and maintaining love has never been considered easy, so it only makes sense that you are compensated in some way for this “intangible benefit” the decease brought to your life. Whilst nothing, not especially money, will replace that, it is at least acknowledged in your compensation award.
These elements combined make the sum total of the compensation package for the Fatal Accident. It is by no means easy to just calculate online. Therefore, we offer our claim assessments under no-obligation, so that we can guide you without you worrying about the costs of pursuing justice. Justice that your panel appointed solicitor will help secure for you. Call 01252354433^ to get started.
Get started with your Fatal Accident claim now
To get started, simply call us on 01252354433^ to speak to our friendly team. We’ll evaluate your case under no-obligation to you, and file your claim on a no win, no fee* basis. Don’t delay, get justice for your loved one’s Fatal Accident today.