Making a personal injury claim following a fatal accident
We appreciate that the prospect of pursuing a personal injury claim following the fatal accident of a loved one can be a highly distressing and daunting experience. But, we know that along with the emotional trauma of losing someone you love, a death in the family can lead to financial hardship.
If your loved one dies as a result of a wrongful act, negligence or default by another party it is your legal and civil right to seek personal injury compensation from the party accountable. Although money cannot compensate your loss, it can help you to recover costs that have been incurred since the fatal accident and ease financial strains.
All our personal injury solicitors are approved by the Law Society. We are dedicated to providing the highest professional standards and premium legal advice to all our clients, with a view of achieving a just settlement for your fatal accident claim. Read more about the Law Society.
Who can make a claim?
A personal injury claim following a fatal accident can be made by any person that can demonstrate they were financially dependant of the deceased at the time that the accident occurred. Examples of dependants include:
- Spouse or co-habitee of the opposite gender who had lived with deceased for more than two years
- Children or parents of the deceased
- Persons treated as children or parents of the deceased
- Grandchildren or grandparents of the deceased
What can be claimed for?
When it comes to making a personal injury claim following a fatal accident, the claim is divided into two parts: the deceased's claim and the dependant's claim.
Making a claim on behalf of the deceased
Compensation can be sought for any pain and suffering, physical or emotional, that they may have suffered. However, if death was immediate or consciousness was not regained following the accident, it is unlikely that compensation will be awarded as pain and suffering will have been minimal.
Any loss of earnings and medical costs incurred between the date that the personal injury was suffered and the date of death and costs such as funeral expenses and can also be claimed for.
Making your own claim
Compensation may be awarded for the loss of financial support you have suffered since your loved one's death. This is measured by calculating the contribution to the family earnings that the deceased would have made (not including money which the deceased would have exclusively spent on his/herself).
Costs for any services or tasks that the deceased performed regularly such as childcare, domestic assistance, gardening and DIY can also be recovered.
A statutory sum for bereavement, including funeral expenses, can be claimed by the parents of the deceased (providing the deceased was under 18) or the surviving spouse of the deceased.
How much compensation can be expected?
Each case is treated individually and compensation awarded accordingly. The calculation of a fatal accident claim is extremely complex. Personal injury claims involving the self-employed, directors of owner managed business and professional persons are particularly complicated.
Making a personal injury claim for a fatal accident today
As personal injury specialists, we are highly experienced with fatal accident claims and treat each individual case with compassion and sensitivity.
We work on a no win no fee basis and although the prospect of making a personal injury claim can be distressing, you can be safe in the knowledge that it won't cost you a penny. Read more about no win no fee.
Our claim team will be glad to offer you advice and talk you through the stages of your claim, easing the process for you.
Simply fill out one of our online claim forms and we will contact you at a convenient time or, alternatively, call 0800 197 32 32 and enquire about making a personal injury claim for a fatal accident.