Fatal Accident Compensation Claims

We know that there is nothing that can compensate for the tragic loss of losing a loved one. However, we may be able to help with the financial pressures that often occur as a result of a wrongful death or fatal accident. If your loved one’s death has been caused by somebody else’s error, negligence or deliberate actions, you may be eligible to make a fatal accident claim.

What fatal accidents or types of wrongful death can I claim for?

A wrongful death claim can be made in the eventuality that there is somebody who can be held liable for a death. The most common types of wrongful death cases include:

• Medical malpractice and negligence
• Accidents at work
• Industrial disease, including exposure to asbestos
• Defective products
• Car accidents

Under the Fatal Accident Act 1976 and its subsequent amendments, if you are a  dependent of someone who has passed away due to a fatal accident, you are eligible to file a wrongful death compensation claim.

A dependent is defined as:

• A spouse or ex-spouse
• Husband, wife or civil partner who had bee cohabiting with the deceased for at least two years prior to the death
• Children, including blood relatives, adopted children and children through marriage or civil partnership
• Parents, including those treated by the deceased as a parent and grandparents
• Siblings – brothers and sisters
• Other relatives including cousins, uncles, aunts, nieces and nephews

The length of a fatal accident claim, from first making the claim to receiving the compensation, can vary as every case is different. It could take just a few weeks or, if there are added complications, a few years. If you have any more questions about this, you can request a callback from us and we can help advise you on your particular case.

How to start the claims process for fatal accidents

It’s important that you find the right solicitor for your case, taking into consideration both their fees and experience in fatal accident compensation. To get started, you can complete our claim form so we can put you in contact with experienced fatal accident claims solicitors.

Once you have chosen your solicitor, it is important that you provide as much information and details as possible about your circumstances. It is essential that you have evidence of who is liable as well as the impact the loss has had on you. This could include a police report, medical records, witness statements or a coroner’s report. Make sure to gather all the evidence before meeting your solicitor so you can start the claims process as quickly as possible.

Fees and compensation

Many solicitors operate on a ‘no win, no fee’ basis. This essentially means that if your claim isn’t successful, you don’t have to pay anything. If it is successful, the solicitor will take a set percentage of your compensation payout as payment. The percentage will vary solicitor to solicitor but it is legally capped at 25%.

The amount of compensation the claimant receives is done on a case-by-case basis. It should reflect how much financial support the dependent would have received had the fatal accident not occurred. The courts will therefore take a number of factors into account, including the income of the deceased, their expected retirement age and their standard outgoing costs.

In addition to fatal accident compensation, you may also be eligible for a statutory bereavement award which is paid to the family of someone involved in a fatal accident. The amount for this currently stands at £15,120.

Time limits on making a claim

If a loved one has been involved in a fatal accident, it’s important to make a claim for compensation as soon as you are able to. You have up to three years to make your claim, which commences from the date of death or from the date of knowledge that the death was linked to an accident or exposure.

Compare law firms and solicitors to find the right one for you

The legal issues in making a fatal accident claim can be daunting and complex, and can seem overwhelming when you are still grieving. There are specialist law firms who can deal with a claim on your behalf, reducing the stress for you and ensuring you receive all the compensation that you are entitled to.

Many solicitors will undertake your claim on a no win, no fee basis, prepare your fatal accident claim schedule of loss and advise you on all the awards and benefits available. Compare specialist and experienced solicitors today to assist you with your compensation claim.