Fatal Accident Claims Guide
Fatal accident claims guide – Losing your loved ones, especially in an unexpected way, is the hardest thing that anyone can go through. No force in the world can bring them back, and nothing you do would erase the overwhelming pain that comes with loss. However, in the most difficult time of your life, you shouldn’t have to worry about the financial burden of making funeral arrangements. If you have lost someone important to you, make sure that you file a fatal accident claim.
What are Fatal Accident Claims?
Fatal Accident Claims are lawsuits that provide you with compensation if you lose a loved one due to the negligence of a third-party. Fatal Accident Claims can be filed for road accidents, work accidents, and medical malpractice. Typically, the compensation amount is awarded to the deceased’s dependants, which include their partners, children, or parents. Fatal Accident Claims are supported by The Fatal Accidents Act 1976 and The Law Reform (Miscellaneous Provisions) Act 1934.
What Is The Fatal Accidents Act 1976?
To claim compensation under the 1976 Fatal Accidents Act, dependents of the deceased must show that the death was due to a conscious or unconscious oversight. This Act offers different compensations, including the following:
- Statutory Bereavement Award– An amount of £12,980 is paid to the partner of the deceased. If the deceased was under 18 and unmarried, the compensation is provided to the parents or the biological mother (illegitimate).
- Loss of Consortium (also known as loss of a special person)- A regular reward of £10,000 is given, in case the loss included impalpable services, such as parents losing a child, or partners losing a spouse after a long marriage.
- The Loss of Past and Future Financial Dependency on the Deceased’s income– Dependents can pursue a case that results from the loss of financial dependency of the deceased (stay-at-home wife can avail this, following her husband’s demise).
- Loss of Past and Future Services Dependency on the Deceased’s services– Dependant can claim an amount that covers the loss of services, such as the cost of cooking, cleaning, babysitting, etc.
Who Can File a Fatal Accident Claim?
The dependents of the deceased have the legal right to file a fatal accident claim. The deceased’s partner, biological children, parents, or anybody living with them for two years may be entitled to compensation.
Can I claim on behalf of a deceased family member?
A family member murdered in a work, car, medical, military, or asbestos-related accident may be entitled to compensation. The claim must be filed within three years of the decedent’s death. If the pursuer dies while bringing a claim, the estate can continue it on his or her behalf. Fatal accident claims also cover car accidents.
Can a claim be made if the employer has stopped trading?
Yes, since claims are made against insurers, not employers. Employers Liability insurance is required in the UK, even if only one person works for the company. No matter if the employer has gone out of business, HD Legal’s network of solicitors can locate the responsible insurers.
Can claims be made on a No Win No Fee basis?
The No Win No Fee agreement ensures that you have the best opportunity of receiving justice while achieving the maximum settlement.. Our No Win No Fee agreement states that you will not be charged until your case is successful.
What can be included in my fatal accident compensation claim?
The compensation depends on who caused the accident. Whether a third party was entirely to blame or both drivers were at fault, you can still sue. But the compensation will be less than if the dead was not at fault.
If the deceased was driving negligently and caused the accident, family members cannot sue for compensation.
Accidents can sometimes occur owing to reasons beyond anyone’s control. Includes illness-related accidents. Unless the deceased caused the accident due to illness, you are still entitled to compensation.
What Is the time limit to make a Fatal Accident Claim?
In Scotland, a fatal accident claim can be lodged up to three years after the death. The time period begins on the day of the accident, but might be extended to the day the dependent confirms the injuries caused death.
A tragic accident claim should be filed as soon as possible when a loved one dies. Your chances of getting compensated and ensuring financial security for your family increase as you deal with the unexpected expenses.
Will my claim go to court?
While it is possible that your case will go to court, it is not guaranteed. While most personal injury claims are settled out of court, serious and fatal injury cases are more likely to go to court.
How can we prove liability?
Medical records, witness statements, and official workplace health and safety documents are usually used to establish accident claims. Workplace injuries that result in serious or fatal injuries are usually investigated for health and safety breaches.
What information do I need to start a fatal accident compensation claim?
Before claiming compensation on behalf of the deceased, you must meet the following criteria:
Notifying the police and noting the event number
Obtaining the negligent driver’s insurance and registration information
Keeping track of all expenses, including medical bills, funeral charges, and any relevant documents and invoices.
In some circumstances, you cannot access this data. That’s why you should contact the police, who should have whatever information you need.
How do I start a fatal accident compensation claim?
Contact us for a no-obligation consultation. We know how to provide sensitive legal support to those who have lost a loved one in a terrible accident. We’ll let you know if you’re eligible once we have the details.
Your initial steps are handled by us and we approach the person responsible for the tragic injury to demand compensation for grief and any accident damages. So you don’t have to worry, our team will keep you updated on the status of your claim.
What Compensation Can Be Expected?
The compensation amount may vary from case to case. However, the main areas covered by the fatal accident claims include funeral arrangements, compensation for your pain, compensation for lost benefits (such as the deceased’s earnings), and medical expenses.
The value of a claim is always determined by the extent of the damage.
As a result, major and fatal injury claims are frequently resolved for substantially more than less serious claims.
A serious injury claim will look at the extent of the injury and the individual’s pain and suffering. These are general damages, or solatium in Scots law.
Contact Hamilton Douglas to start your claim
If you or a loved one have been involved in a fatal accident within the last three years and sustained an injury that was not your fault, you may be able to make a claim for compensation. Our network of solicitors work on a No Win No Fee basis, which means you won’t have to pay anything up front if you decide to make a claim with us. You can reach out to us at any time using the phone or WhatsApp number provided below. We are open 24 hours a day, seven days a week.
If you have lost a loved one due to someone else’s negligence, it is imperative to consult with a fatal accident lawyer to build your case.
