Should I make a fatal accident claim?
Some people may think seeking compensation should be the last thing on a bereaved person’s mind. However, many families of fatal accident victims are in danger of financial hardship when they lose someone suddenly.
This risk is particularly acute if the deceased was the primary or sole breadwinner in the family. Many fatal accident claims are borne out of financial necessity.
What is a fatal accident claim?
A fatal accident claim is pursued by the family members or dependents of someone who has died in an accident caused by someone else’s negligence or carelessness. Specialist fatal accident lawyers usually handle fatal accident claims.
Fatal injury claims are brought against the party responsible for the accident. Depending on the type of accident, this ‘party’ may be an individual, an organisation, or a business.
A fatal accident claim aims to provide compensation for the deceased person’s family for the loss they’ve suffered. The only way the law can achieve this is by awarding compensation, i.e. monetary compensation.
Of course, any compensation award is scant recompense for losing a loved human being. However, money soon becomes necessary when there is a family to support, so the law plays a vital role in helping the deceased’s family get back on their feet.
Types of Fatal Accident claim
Fatalities can occur in various accident circumstances: car accidents, clinical negligence, accidents at work, or accidents in public places. Asbestos disease claims often turn out to be fatal accident claims, too, and this happens most frequently when the claimant is suffering from mesothelioma or asbestos lung cancer.
The person claiming (the claimant) must be able to prove that the defendant was liable for the accident and their negligence caused the death of their loved one if their fatal accident claim is to be successful.
Who can bring a Fatal Accident Claim?
A fatal accident claim may involve two claims.
The executors of the deceased’s estate bring one claim on behalf of the estate, and the other is a ‘dependency claim’.
To better understand this, we must look at the two acts of parliament that set out the law in each case.
1. Claim on behalf of the estate
The Law Reform (Miscellaneous Provisions Act) 1934 governs claims on behalf of the deceased’s beneficiaries.
Had the deceased survived the accident, they would have been able to bring a personal injury claim against the party at fault. The claim would have included the following:
General Damages
A claim for general damages (compensation) is a claim for pain, suffering and loss of amenity.
The Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases contain a section outlining the damages awarded for pain and suffering in Fatal Accident claims.
The amount a claimant can expect to recover in a successful general damages claim depends on:
- How long after the accident the deceased survived
- The level of awareness they had of the injuries they suffered.
In most cases where someone dies in an accident, the period between the accident and death is short. As a result, personal injury compensation awards are usually low in such cases.
Mesothelioma and asbestos lung cancer are examples of fatal accident cases where there is a long period between diagnosis and death. During this period, the asbestos disease sufferer is fully aware they have a terminal illness. They also have to contend with the physical effects of the condition, which gets worse as time goes on. In such cases, the award of damages for pain, suffering and loss of amenity is often substantial.
Special Damages
Special damages include loss of earnings and financial losses, such as vehicle repair costs in a road traffic accident. Where the deceased passed away after a more extended period, the cost of medical bills, treatment or medical aids purchased by the family can be included in the special damages claim.
Funeral Costs
If paid for by the deceased’s estate, funeral costs can be claimed back from the insurers of the party causing the accident. However, the expense of a ‘wake’ after the funeral cannot be recovered, nor can the cost of obtaining probate.
2. Fatal Accidents Act 1976 – Dependency Claims
The dependents of the deceased can bring a fatal accident claim under the Fatal Accidents Act 1976
The term “dependent” has a specific legal definition in this situation and includes the following:
- spouse
- civil partner
- cohabitees as long as they lived together for two years continually before the person’s death
- child
- parent
- brother or sister
- aunt, or uncle (or child of the last four mentioned).
The damages claimed in a Fatal Accident Act dependency claim include:
1. Loss of financial support
- Past loss of earnings – run from the date of death to the date of trial or settlement of the damages in a Fatal Accident claim
- Future loss of earnings – this can be a complicated head of damages to calculate for a claim, and it’s an area where you should seek advice from an experienced fatal accident claim solicitor.
- The claim for future loss of earnings starts from the date of the court hearing or trial of the fatal accident claim (or the date of a negotiated settlement agreement).
- Lost earnings incurred from the accident date to the date of trial or settlement are special damages – past loss of earnings.
- Loss of pension
- Loss of business income
2. Loss of services
This head of damages covers situations where the surviving family members were reliant on the deceased for services such as gardening, DIY, cleaning the house, cooking, childcare, and walking the dogs.
Over more recent years, successful fatal accident claims have confirmed the right to claim loss of services on behalf of disabled partners and disabled children of the deceased.
3. Bereavement damages
A bereavement award, known as a ‘statutory bereavement award’, is a set amount of money. It is paid to specific relatives of a person who dies in an accident caused by another person.
In England and Wales, the amount for this award changes over time. It is currently set at £15,120 by ‘The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020’.
Eligible family members who can claim this award include:
- Spouse
- Civil partner
- Parents of an unmarried child under 18
- Cohabitee who lived with the deceased for two years before their death.
If multiple people are entitled to claim, the compensation is divided equally.
4. Funeral Expenses
You can recover funeral expenses in a dependency claim. However, if these costs were paid as part of the estate’s compensation, there can be no more claims for funeral expenses. You cannot receive payment twice.
If you are reading this because you are dealing with the death of a loved one, contact Mooneerams Solicitors. Don’t try and deal with everything yourself.
You can call Mooneerams any time on 029 2048 3615 and talk with one of our experienced legal experts. Your conversation will be confidential and on a no-obligation basis.
If you prefer us to call you back, leave your contact details in the form on the right-hand side of the page and press Start Your Claim.
You aren’t committing yourself to anything by sending your details. It will merely start the ball rolling, so you can talk with us for advice!
No Win No Fee Fatal Accident Claims
If we can help further and you would like us to, we handle most fatal accident claims on a No Win No Fee basis.
- You won’t have to worry about paying a large legal bill if you receive funding for your claim on this basis.
- If your case is unsuccessful, you will have nothing to pay us or anyone else.
- You only pay us a fee if you win your claim, and we recover (monetary) compensation.
Fatal Accident Claims and Representation at Inquests
The Coroner may conduct an inquest to investigate the circumstances surrounding the death.
A Coroner is a specialist judge who investigates where the cause of death is unknown or the fatality occurred in violent circumstances.
The purpose of the Inquest is not to assign blame to any party. It is the job of other courts to establish whether and, if so, who is responsible for the fatal accident.
Instead, the Coroner’s court aims to establish the following:
- identity of the deceased,
- time and date of death
- place of death
- cause of death.
An Inquest is a legal process intended to find facts. Having legal representation at an Inquest can help. It lets us, as your lawyers, ask questions of the witnesses to the accident. They may have eyewitness information about the circumstances leading up to the death of your loved one.
An Inquest can help you to understand what happened and decide whether there are grounds to pursue a fatal accident claim. Mooneerams can usually provide you with representation at the Inquest.
What is the time limit for bringing a claim for fatal accident compensation?
- If you have lost a loved one in an accident, it is crucial you know the time limits for bringing a claim for compensation.
- You usually have three years to start a fatal accident claim.
- However, there are some exceptions to this rule ( which we can explain to you).
Legal advice from a skilled personal injury solicitor can help you file your claim on time. It can also improve your chances of getting the maximum compensation possible.
Call Mooneerams on 029 2048 3615 to check the time limits for starting a Fatal Accident Claim and how they affect your case.
Why should you choose Mooneerams Solicitors to handle your Fatal Accidents Claim?
Mooneerams Solicitors are award-winning personal injury solicitors. We’ve been specialist injury lawyers for over 22 years.
Our legal team knows that clients who come to us after a family member dies are going through a tough time.
We work efficiently, professionally, and without fuss, always mindful of the situation our clients find themselves in.
We handle most fatal accident claims on a No Win, No Fee agreement basis.
Further reading – Brief Guide to Fatal Accident Claims
