Fatal Road Accident Compensation Claims

Losing a loved one in a fatal accident can be devastating. Suffering this kind of tragic loss can take a profound emotional and mental toll on families and friends. And although it may not be at the forefront of their minds, the financial effects on those left behind can be significant too, particularly for those who were dependent on the deceased’s income.

If someone you know has died in a motor accident, you may be entitled to make a fatal road traffic accident claim. When you’re ready, you can start your claim by comparing specialist personal injury solicitors.

Am I Entitled To Make A Fatal Road Accident Claim?

When it comes to fatal road accidents, it doesn’t matter whether your loved one was a driver, a passenger, a cyclist or a pedestrian. If they died as a result of another road user’s negligence or error, then you may be entitled to compensation. Although nothing can ever make up for losing a loved one, claiming compensation can help with costs such as paying for their funeral or having sole responsibility for mortgage, rent and credit card debts.

You may be able to make a claim for compensation following the death of a loved one in a road traffic accident if you are classed as a dependent and the deceased’s death was the fault of someone else.

According to the Fatal Accidents Act 1976, you are classed as a dependent if you:

• are the deceased’s husband, wife or former husband or wife
• are the deceased’s civil partner or former civil partner
• were cohabiting with the deceased as though you were married or civil partnered for at least two consecutive years before their death
• a parent or other ascendant of the deceased
• were treated as a parent by the deceased
• a child or other descendant of the deceased
• a sibling, uncle or aunt of the deceased
• were treated as a child of the deceased because of the deceased’s marriage or civil partnership

Due to the complex nature of the claim, fatal accident claims can take two or more years to settle. This is because they involve a thorough investigation which ultimately will help you to receive a fair compensation settlement.  However, your solicitor will usually be able to secure interim payments to lessen the financial burden as you wait for the case to be settled.

How To Make A Fatal Road Traffic Accident Claim

The first step in making a compensation claim is to get in touch with a specialist personal injury solicitor, who can help to ensure you receive the maximum payout you’re entitled to. By requesting a callback, our expert advisers can discuss with you what the next steps are.

When building your case, your solicitor will need to prove that your loved one’s accident was  the fault of someone else. The more evidence they have, the stronger your case will be. This could include police reports, CCTV or dashcam footage, witness statements and medical records. Before meeting your solicitor, it would be helpful to gather all the evidence you can to start the claims process as quickly as possible.

Fees And Compensation

You don’t have to worry about losing money when making a claim for fatal road accident compensation. Many solicitors work on a ‘no win, no fee’ basis which means that you only pay them if your claim is successful. The payment is a set percentage of your compensation payout which is legally capped at 25%.

The amount of compensation paid out for fatal road accidents varies from case to case. The following factors will be assessed when calculating compensation amounts:

• Dependency losses – these refer to the long-term financial losses for dependents. Income, employee benefits, pensions and bonuses are all taken into account when calculating financial loss
• Actual losses, such as funeral expenses, legal costs, the cost of medical treatment, hospital fees and childcare costs if required
• Loss of earnings due to you or your loved one being unable to work before their death
• Loss of services – these relate to services your loved one provided, such as childcare, acting as a carer for other family members, housework and gardening

As well as fatal road accident compensation, you might also be eligible for a statutory bereavement award. This is paid to the family of someone involved in a fatal accident and currently stands at £15,120.

Time Limits On Making A Fatal Road Accident Claim

Understandably, it can often take time before people who have been bereaved feel emotionally ready to even think about making a claim for compensation. However, it’s important to be aware that there is a three year statute of limitations on making fatal road accident claims. This means that you have three years from the death of the deceased to file a claim. When you’re ready to start the process, you can request a callback from us and we’ll help you to find legal support.