A fatal accident claim generally arises in the most difficult of circumstances. It is understandably not the immediate concern for any family when trying to cope with the loss of a loved one.
However when the reality is such that the death of a loved one arises as the result of fault by someone else such as a medical practitioner, a driver or an employer then when the time is right the prospect of making a fatal accident claim should be considered.
Whilst no sum of money can compensate a family for the emotional trauma and loss suffered, there will often be serious financial consequences and issues surrounding financial provision for the future. This is a daunting situation and seeking specialist legal advice is essential.
Our solicitors have experience with many types of fatal accident claims and recognise the importance of safeguarding the well-being of those upon whom the death has had the greatest impact both now and in the future. Our solicitors appreciate that such cases involve huge emotional and practical issues and will at all times act with the compassion and understanding. We are here for you.
What is a fatal accident claim?
Such claims arise following the death of a family member, friend or loved one who was fatally injured in circumstances which were not their fault.
Who can bring a fatal accident claim?
Such a claim can be brought by someone who was financially and / or physically dependent on the individual who has died. The circumstances to which this applies are narrow and it could mean a husband or wife (ex-spouses are included), a partner who has lived with the person who has died as if they were husband or wife for two years prior to death), a civil partner or former civil partner, children, parents, brothers and sisters, aunties and uncles, nieces and nephews and cousins.
Who is the person bringing the claim able to claim for?
If the person who died left a Will, then the executor is responsible for pursuing the claim on behalf of the estate of the person who died including the Dependents. This may involve applying for a Grant of Probate. If so required, our solicitors will be able assist in obtaining such.
If there is no Will, then “Letters of Administration” will need to be issued for one of the eligible Dependents so that a claim can be made. Again our solicitors will be able assist in obtaining such.
The claim on behalf of the estate and any claim on behalf of any Dependents must be brought at the same time.
What can be claimed?
You are able to claim for the pain and suffering experienced by the person who has died, any income lost as a result of death, any care / support the person who has died provided, funeral expenses and probate costs. Each claim has different circumstances which will need to be assessed by our solicitors.
Statutory Bereavement Award
There is an award payable if the person who died was your husband or wife, or a child who was under 18 at the time of death. This award is currently set at £12,980.00 and is paid in addition to the items listed above.
Our solicitors appreciate that you or a family member may just be coming to terms with the loss of a loved one. With our experience and expertise we will be able to offer you our support and the best possible legal advice.
Please call one of our solicitors today on 0191 222 1030 for a free consultation in relation to your claim or complete our website enquiry form.