Losing a parent, child or another member of your family as a result of a fatal accident, or, due the negligent behaviour of someone, is always going to be an extreme and emotionally devastating time. Possibly the toughest situation any of us could face.
A Fatal Accident Claim for financial compensation will likely be furthest from your mind, but sadly, when faced with such a sudden loss, some families may need to consider their financial welfare earlier than anyone would wish; even though this will no doubt be an extremely difficult thing to do.
With stress and anxiety often magnified when death occurs through the fault of another person or organisation, it will be of no immediate consolation to know your rights surrounding Fatal Accident Compensation or to even consider making a claim.
The specialist lawyers here at Lanyon Bowdler have years of experience dealing with tragic accidents, and we understand the despair caused by losing a loved one involved in a fatal accident. We also appreciate how upsetting it can be to hear that the accident was due to the fault or negligence of another person, perhaps a reckless driver, an employer or even a medical professional.
If additional and immediate financial burden is placed upon the victim’s family because of the terrible loss suffered, then considering making a Fatal Accident Claim should be discussed with our team as early as possible. We completely understand this will not be easy, but money worries are the last thing you and your family should suffer, when the time to care for one another, grieve and adjust, should be your only priorities.
Even when financial well-being is not a concern, perhaps where the accident involves the loss of a child. You are still entitled to claim Fatal Accident Compensation, and we are here to help and listen when you are ready and able to talk.
We are proud of our reputation as a friendly, caring law firm, and our experienced lawyers will guide you through the whole process of a compensation claim, as well as any Coroner’s inquest hearings that might be necessary.
If a third party was at least partially to blame for the accident, then the dependants of the victim are eligible to claim compensation. Under UK law, dependants include:
Under the Fatal Accidents Act 1976, dependants can claim for the loss of financial support, and supplementary benefits such as pensions, bereavement compensation for the pain and suffering of the deceased and their family (certain dependants only), funeral expenses and loss of help with domestic tasks such as childcare.
Financial losses for dependency contribute most towards Fatal Accident Compensation settlements. This applies where the deceased leaves family members who have historically depended on their income. Generally applying to children of the deceased or a spouse, the compensation calculation will be commensurate with the income level of the deceased and may also consider other aspects of income and financial welfare such as pensions, healthcare plans, bonuses, company cars etc.
We understand that claiming financial compensation will not be at the forefront of your mind following the death of a loved one in a fatal accident, or from an industrial disease or due to medical negligence. But compensation can be vital to maintain financial security for those people who have lost their partners and it can take an important weight off their minds at a very difficult time.
It is a legal right to claim compensation when an accident is caused by someone’s negligence, helping to replace the loss of income, pay for household services and compensate for pain and suffering both physical and emotional.
The specialist solicitors here at Lanyon Bowdler will provide compassionate and sympathetic legal support, providing all the advice you need to make an informed decision regarding your future needs.
Fatal Accident compensation claims can also be made on behalf of the victim. In some cases, your loved one may have had a period of incapacity or illness before death as a result of the accident or incidence of medical negligence. This may have incurred costs associated with medical treatment and is certain to have led to the victim being unable to work and earn.
You could be entitled to claim compensation for the suffering they experienced at the time of their accident.
To get the very best advice at this challenging time, call one of our trained and qualified serious injury claims solicitors, they will listen carefully and compassionately to your questions and take time to discuss your options.
In addition to what Fatal Accident Compensation provides through general and special damages, a Statutory Award for Bereavement can also de made. This is separate from the amount that can be claimed as a dependent of the deceased.
Where a fatality has occurred through the fault or negligence of another party, the statutory award for bereavement is payable by the third-party even where there is no loss of income or other benefits by the dependants.
This award is only payable to parents of a deceased child or the spouse of the victim.
The Fatal Accident Act 1976 makes no specific reference to funeral expenses, but it is universally recognised that dependents can make a claim for costs incurred surrounding funeral services following the death of a loved one following a fatal accident.
While such an award will be limited and may not cover all costs associated with the ceremony, it will at least make provision for financial support in what are difficult times. The minimum award in such a circumstance is £3,000 with the maximum being £10,000.
If the fatal accident in question was sudden, violent or unexplained, the State may decide to launch an inquest. The specialists here at Lanyon Bowdler are able to guide you through the process from start to finish, contacting all relevant authorities, from HM Coroner to an NHS Trust, and will attend the inquest on your behalf if you would like support or do not wish to be present.
An inquest is intended to establish the circumstances leading up to the fatal accident and determine the cause of death. Although the proceedings may provide answers to many of your questions about why the accident happened, it will not assign blame to any individual, company or public body.
Please get in touch with a member of our team if you have any queries regarding a fatal accident. Our solicitors are approachable and very experienced, so will be able to discuss your case sensitively from the outset.
The circumstances surrounding a fatal accident can create complex and challenging legalities, filing such a claim while emotions are still raw and during the process of grieving, clearly makes the whole process very difficult.
It is a situation none of us would choose to face, but when the loss of a loved one occurs traumatically and due to somebody else’s fault, you and your family deserve justice and compensation for your loss. We can offer advice on making a ‘no win, no fee’ Fatal Accident Claim while talking through your circumstances.
By choosing Lanyon Bowdler, you can rest assured that you have the best legal expertise no matter what the situation. Our team has vast experience in all areas of serious injury and medical negligence claims and we are committed to providing exceptional levels of client care. We always act with the utmost discretion and you will be treated with sensitivity and understanding, as we work closely with you to find the best outcomes.
We have offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry and Telford, regularly acting on behalf of clients across Shropshire, Herefordshire, Mid and North Wales and throughout the Midlands, including Birmingham and Wolverhampton. As a leading full-service law firm however, we can represent you wherever you live in England, North Ireland & Wales, so don’t hesitate to take advice from the serious injury law experts.
Neil Lorimer, partner and head of the personal injury team, secured a settlem...