fatal accident compensation solicitor
Our UK law firm has no win no fee personal injury solicitors that specialise in fatal accident compensation claims. You and your family can get you 100% of the compensation that you are awarded. Please call us on 0800 80 47 547 for an immediate free consultation with a personal injury lawyer.
If, as a result of an accident, someone dies, then their family and friends will be extremely shocked and distressed. In all probability, claiming compensation will not be a priority - particularly in the early days following the death.
At some point, however, thoughts may turn to the question of a compensation. On occasions, claiming compensation may become a necessity if, for example, a child is left without parents or an adult is left without their bread-winning spouse or partner.
is there a claim?
A claim can only be brought if the person who has died would have been able to bring the claim had they not died. The deceased could only have brought a claim if they could have shown that someone else was wholly or partly responsible for their death. If there is no one at fault then there cannot be a claim.
Similarly, any defence which could have been used against the deceased can be used against someone making a claim following the death. If the deceased was partly responsible for the accident then the compensation that can be recovered will be reduced by the same amount it would have been had the deceased not died.
who can claim?
The estate of the deceased may have a claim. Certain dependants may have a claim for financial losses that they have suffered. Certain people may have a claim for 'bereavement damages'.
claims by the estate
If the deceased made a will then the executors of that will may bring a claim on behalf of the estate. If there is no will, then personal representatives will be appointed to bring about a claim for the estate. Any compensation recovered will be shared out to beneficiaries as per the will or, if there is no will, in accordance with the rules of intestacy.
The estate will be able to claim compensation for the pain and suffering experienced by the deceased prior to their death. If, however, the death was instantaneous then there will be no claim.
The estate can also make a claim for any loss of income incurred by the deceased between the time of the accident and their death.
If the estate has paid funeral expenses then these can be claimed back. Certain other expenses may be claimable by the estate.
claims by dependants
The law defines which 'dependants' are entitled to make a claim. Only the following are eligible to do so:
- Wife / husband or former wife / husband
- Cohabiters living as husband and wife for at least two years
- Parent or guardian / grandparent
- Child / grandchild
- Person treated as a child
- Brother, sister, uncle, aunt, or child of a brother, sister, uncle, aunt
The dependant has to be able to show that they have suffered financial loss. The financial loss is calculated and claimed from the person who caused the death. Dependants may be able to claim funeral expenses incurred by them and other expenses they have incurred because of the death.
Examples of the types of compensation that may be paid in this regard are:
- The loss of earnings of the deceased
- The loss of the services provided by the deceased
bereavement award
A set sum of £10,000 can be claimed by certain people. The Claimant has to be one of the following:
- Husband / wife of the deceased
- Parent of a legitimate unmarried child under 18
- Mother of an illegitimate unmarried child under 18
funding
In most cases, if the claim is successful, the legal costs of bringing the case will be met by the other party i.e. the party at fault. Legal Aid will rarely be available. Legal expense insurance or a conditional fee arrangement may be possible.
what happens next?
After you have contacted a solicitor they will want to meet with you and see any documentation that you have regarding the circumstances of the accident to assist in our initial investigations. If necessary, further evidence by way of a report from an Accident Investigator, or alternatively photographs and a sketch plan of the accident site, may be obtained to assist in determining whether there are reasonable prospects of succeeding with a claim.
Once a full investigation of the circumstances has been completed, they will advise you about the prospects of success in your particular case.
As specialists who deal with accident and personal injury compensation claims every day, the team at accident | accident can ensure that you obtain the highest levels of compensation for your claim.
We have helped thousands of people with claims of all sizes. Last year our personal injury solicitors and litigation lawyers won compensation settlements up to £5.4 million for our clients.
When you are pursuing a compensation claim you need a team with deep understanding of the issues, a proven track record and an ability to deliver the appropriate level of financial compensation to restore your quality of life.
Not sure if you should claim? You can speak with a solicitor or a lawyer at no cost to you, contact us if only to put your mind at rest.
call a fatal accident solicitor on 0800 80 47 547 or complete our online enquiry form to start your claim.
