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Fatal Accident Claims
The impact of losing a loved one due to a fatal accident is extremely traumatic. Coping with grief, frustration as to why the accident happened, and the stress of dealing with the financial implications this may have on you and your family, can be overwhelming.
Our serious injury solicitors are experienced and successful in pursing claims for people who have lost family members due to the negligent actions of others.
Contact us on 0344 854 7000 or submit an enquiry below and we will call you back at a time suitable for you.
Can I make a fatal accident claim?
If you have lost a loved one due to a fatal accident you could be eligible to make a claim. True Solicitors can assist if a family member has passed away due to:
Claims can be brought on behalf of the deceased by their:
- Civil partner
- Partner (who they had cohabited with for at least 2 years at the time of the accident)
- Children or step children
- Parent or guardian
Is there a time limit for making a fatal injury claim?
You typically are required to start a fatal injury claim within three years from the date of the accident or negligent medical treatment.
How much compensation will I get?
When calculating a fatal accident compensation settlement your solicitor will take into consideration the below factors:
Bereavement damages is the term given to the payment, fixed by law, for the grief and trauma suffered when a loved one dies due to the negligent actions of someone else. Not everyone is entitled to bereavement damages, it is usually restricted to the husband, wife or civil partner of the deceased. Other circumstances in which it may be possible to claim include:
- Unmarried, cohabiting couples who have been in a relationship for more than two years may be able to claim under the Human Rights Act.
- If the person who dies was under the age of 18 and are unmarried, a parent may be able to claim.
The statutory Bereavement Award was increased to £15,120 in May 2020 (up from £12,980). The increased amount is only applicable to the families who have lost a loved one on or after 1st May 2020. Those making a claim for a loved one who died prior to this date will receive the old amount of £12,980.
If your claim is successful the statutory Bereavement Award is paid by the defendant or their insurance company.
Pain and suffering
The pain and suffering experienced by the deceased before they passed away, is considered by the courts when quantifying the claim. However, as most deaths caused by medical negligence, involve a short illness or sudden death, the amount of compensation for pain and suffering is limited.
Funerals can cost thousands of pounds, and if the deceased did not have insurance in place to pay for this, this is a huge expenditure for the family left behind. It is therefore possible to factor in compensation for funeral costs as part of the claim.
Loss of earnings
The current and anticipated loss of earnings from the deceased will be taken into consideration when calculating your claim. If the deceased was the main breadwinner in the household and there are a number of dependants that relied on their salary, the consequences can be severe. Consequently if you have had to give up work to look after dependents following the death of a spouse, your loss of income will also be taken into consideration.
Loss of benefits
Loss of benefits such as pension contributions may also be taken into account when calculating the value of the claim.
If the loss of a loved one has meant that you now have to pay for additional childcare, this could also be factored into the final compensation amount.
After the death of a loved one, especially in instances when the death was sudden, counselling can be extremely beneficial to family members to help them come to terms with the death and to get back to their normal way of life. Private counselling can however be expensive, and NHS waiting lists are often long.
How much will it cost to make a claim?
True Solicitors deals with fatal injury claims on a No Win, No Fee claim. This simply means that should we not win your case, you will not need to pay us a penny to cover your legal fees.
If you win your case your opponent will pay most of your legal costs.
Any legal costs not paid by your opponent will be deducted from the compensation that you receive. These costs include:
- The cost of your no win no fee insurance policy
- Some of your basic legal costs which can’t be recovered from your opponent
- A “success fee” which compensates us for the risk that if your claim was unsuccessful then we would not be paid at all.
Your solicitor will discuss this with you in advance, so you’ll know what to expect when your claim settles.
True Solicitors are experienced in handling fatal injury claims, and are understanding of the complexity and the empathy needed to manage such claims.
Contact us today for a free no-obligation assessment of your case. Call us on 0344 854 7000 or submit an enquiry below.