Fatal Accident Claims
Fatal accidents are devastating for those left behind. If your loved one has passed away as the result of an avoidable accident, then we can help you to make a fatal accident claim and get the compensation that you are entitled to for your loss.
What defines a fatal injury claim?
A fatal accident claim can be made if someone or something resulted in your loved one’s death other than a natural cause. There are a number of situations in which this may have happened, and ones that our fatal accident solicitors are experienced in dealing with. These can include:
Whilst it is rare, instances in which a medical professional’s mistakes have led to death can result in claims being made by bereaved families.
When road traffic accidents are so serious that they lead to the death of a passenger or pedestrian, then fatal injury claims can be made.
Every employer has a duty of care to uphold for every one of their employees. If serious accidents at work occur and they are found to have not upheld this, then a fatal accident compensation claim can be made against them.
Whether participating in the sport or acting as a spectator, there are unfortunately always some risks involved. However, if a fatal injury has occurred then it is likely that safety has been compromised and a fatal accident compensation claim can be made.
Who can claim?
When a loved one has passed away and it was not due to natural causes, the law states that you are allowed to claim compensation for your loss if you were a dependant. This means that you were in some way reliant on the deceased, such as if you were their spouse or child. Examples of dependants who may be able to claim financial compensation include:
- Children, grandchildren and other descendants
- A spouse or a financially dependent former spouse
- Adopted children or other children from a marriage or civil partnership
- Parents, grandparents or others with parental responsibility
- Close relatives that include siblings, aunts, uncles, nieces and nephews
- Cohabitee or civil partners of at least two years standing
When you have lost a loved one, claiming compensation is often the last thing on your mind. The process can seem daunting and may put you off, but our experts have a great deal of experience in supporting relatives throughout the claims process and will ensure that you always have the best care.
Why should you claim?
Questions have frequently been raised about the amount of money awarded in high profile court cases that concern matters such as privacy infringements, compared to the amounts awarded in fatality cases. It is an unfortunate fact that cases in which the victim is still alive can often result in a higher pay-out. This is due to the way in which compensation is calculated, this being:
These are to compensate claimants for the effect that the injury has had on them. This generally means the physical or mental suffering caused by the injury.
Special Damages (past loss)
To compensate claimants for any upfront costs relating to their injury. This could be transportation costs or adjustments to their home.
Special Damages (future loss)
To compensate claimants for their future loss of earnings, or the loss of earning potential, and future care.
In fatality cases, the ‘future loss’ area of special damages is reduced or disregarded completely in the calculations, since the victim is no longer alive. This can result in a lower payment for those left behind. The statutory payment that can be claimed in England and Wales for the loss of a loved one is £12,980, but this is understandably an insulting figure to the bereaved.
Here at AWH, we are passionate about helping our clients to get the full compensation that is appropriate for such a great loss in an avoidable situation. Our specialists have experience in helping relatives fight difficult cases with positive outcomes.
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What qualifies as a fatal injury?
A fatal injury is a death that was caused by an avoidable accident and was not due to natural causes.
Can I claim for fatal injury compensation on behalf of a family member?
If you were somehow dependent on the deceased, then you can likely claim fatal injury compensation.
How long does a fatal injury claim take?
There are a number of different things that will need to be considered in a fatal injury claim, so it is difficult to give an exact estimate on how much time it could take. A chat with one of our specialists will give you a clearer picture.
How much compensation can I expect for a fatal injury claim?
There are a number of different factors that will be taken into account, so again it is sensible to contact our specialists for an estimate.