Fatal Accidents

Collisions, solely, result in thousands of fatalities in the UK.

If you have lost a loved one as a result of any type of accident (road traffic, accident at work, slip ortrip, etc.) you may be able to make a claim for bereavement and/or the loss of financial dependent on them.

Obviously, making a claim for compensation after the loss of a loved one is not the first thing that comes to your mind. However, in some cases the compensation will be essential for the family to carry on after the loss.

The emotional importance of such claims on the family calls for expert legal advice in order for your case to be handled with professionalism, compassion and empathy.

Our expert team will work with you to sensitively take detailed instructions, and consider all aspects of your claim to maximise its value.

We can attend you at your home, if necessary, to discuss the following key points with you:

  • Accident circumstances
  • Funding

To succeed in a claim for compensation for the loss of your loved one due to a fatal accident, you must establish liability, i.e. prove that another party’s negligence caused the accident. Compensation Solicitors Online will help you gather the necessary evidence and present it the best way in order to support your claim.

It is difficult to define how long it takes for a claim to be completed. Some casestake months and some even years to settle. Although usually a claim will be settles out of court, sometimes it might be necessary to bring the matter to the court.

Funding

There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a no win no fee basis (also known as a Conditional Fee Agreement).

FAQs

Who can bring a claim?

Bereavement
The following groups can make a claim for bereavement:

  • If a husband or a wife dies, then the surviving spouse can claim.
  • If a child dies (i.e. a minor under 18 years of age):
    • Both parents can claim if the child is legitimate (although the award is shared between them equally);
    • Only the mother can claim if the child is illegitimate.

Unfortunately, the following groups of people cannot make a claim:

  • Unmarried partners
  • A child claiming for the death of a parent
  • Parents of a stillborn infant
  • Any other type of relative

Dependency
A wider group of relatives can make a claim for the loss of financial dependence on the deceased, or the loss of their services, where they can prove there was a reasonable expectation of financial benefit from the deceased.

The following groups can make a claim for dependency:

  • A husband or wife (or former husband or wife) of the deceased
  • A civil partner (or former civil partner) of the deceased
  • A person who was living with the deceased as husband or wife for at least 2 years immediately before their death
  • A parent or other dependant of the deceased
  • A person who was treated/regarded by the deceased as his/her parent
  • A child or other dependant of the deceased
  • A person, who, in the case of a marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage
  • A person who is a brother, sister, uncle, aunt, niece/nephew or cousin of the deceased

How is the value of the bereavement claim determined?
The recoverable sum is fixed by law. Where death occurs before January 1, 2008 the amount is £10,000. Where death occurs after January 1, 2008 the amount is £11,800.

Timing

Generally, personal injury claims have a three year time limit i.e. court proceedings have to be issued at least one day before the third anniversary of the accident , otherwise they will be time barred and you will no longer be able to pursue your claim.. (There are a few exceptions to this rule and the court does have some very limited discretion to extend the various time limits). You can still pursue a claim for personal injury after the third anniversary of the accident, you just have to make sure court proceedings have been issued before that third anniversary in order to do so.We will be happy to discuss this further with you.

If you are a minor at the time of the accident, i.e. under 18 then the 3 year limitation date starts to run after you have turned 18. Furthermore, there also a complicated set of rules that allows the 3 years limitation date period to run from the date of knowledge of the incident/accident. These rules normally apply to clinical/medical negligence cases or industrial disease claims, where they may be a long latency period between the incident giving rise to your claim and you first suffering any symptoms and becoming aware of it. The rules on this are technical and we will, once again, be happy to discuss this in detail with you.

Make a claim

If you would like to speak directly to one of our team you can either call us on 0208 203 4999 or send us your enquiry and we will give you a call back to discuss your claim within 1 business day.

Useful links

How many people are killed or injured on Britain’s roads?
Road Peace: the national charity for road crash victims

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