FATAL ACCIDENT CLAIM - PERSONAL INJURY SOLICITORS

A fatal accident claim is no different legally to any other claim for damages for personal injury in that it is still necessary to prove that a third party negligently caused the death and as a result is liable to pay compensation. To prove negligence it is necessary to show that the other person did not take reasonable care for the safety of the injured person and that the consequence of that failure was injury and loss. Claims for compensation usually follow on from the Coroners inquest which will attribute a cause of death and in some cases there may also be a subsequent criminal prosecution if the guilty party has broken the law.

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Furthermore, notwithstanding that the death of a loved one is a catastrophic event for those left behind, often with serious psychological consequences, the usual limitation periods do apply and it is necessary for a claim to have either been settled or proceedings issued in a court of law within three years of the accident failing which the claim will become statute barred and the opportunity to claim damages will normally have been lost. There are some exceptions to the three year rule and Judges do have some discretion on limitation matters however potential claimants are well advised to seek urgent legal advice as soon as possible.

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A fatal accident claim is divided into two distinct sections the first part of which being the claim that the deceased could have made on his own behalf had he survived the accident and the second part of the claim relates to amounts claimable by the deceased’s dependents.

1. The victims own claim consists of compensation for pain and suffering including psychological distress between the time of the accident and subsequent death. If the victim died instantly or was rendered unconscious immediately and never regained consciousness no compensation will be awarded for this part of the claim. A fatal accident claim also includes the victim's financial losses together with reasonable funeral expenses.
2. Fatal Accidents Act 1976 / Administration of Justice Act 1982 claims can be brought by any relevant dependants including the surviving spouse or co-habitee of the opposite sex who has lived with the victim for more than 2 years, children or parents, persons treated as children or parents, grandchildren or grandparents of an individual who dies as a result of any wrongful act. In addition to the dependency claim a statutory sum for bereavement is payable to the spouse of the deceased or to the parents of a deceased minor.

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Our lawyers operate throughout the United Kingdom and they are all members of Solicitors Regulation Authority panel of personal injury experts. We operate the no win no fee scheme and compensation is paid in full with no deductions. You will not be expected to fund or finance your claim as it proceeds to settlement and we guarantee without reservation that your claim will be completely risk free. Call us or submit your details on our online claim form and we will contact you immediately.